New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 17

17 Conversion of lots into common property

(1) One or more lots in a strata scheme may be converted into common property by the registration of a notice as a notice of conversion, if the owners corporation, by special resolution, authorises the proposed conversion.

(2) The notice must--

(a) be in the approved form, and

(b) be signed by--

(i) the owners corporation, and

(ii) the owner of the lot or lots to be converted, and

(iii) if the notice is for a leasehold strata scheme--the lessor of the strata scheme, and

(c) be accompanied by a strata certificate for the notice of conversion.

Note--: Subsection (2) (c) does not apply to a notice lodged by the Crown. See section 199 (2).

(3) However, if part or all of the land to be converted is held by the original owner, the notice must not be registered unless--

(a) the initial period has expired, or

(b) the original owner owns all lots in the strata scheme, or

(c) an order has been made under section 27 of the Strata Schemes Management Act 2015 authorising the registration of the notice.

(4) Also, the Registrar-General must not register a notice of conversion unless each mortgage, charge, covenant charge, lease, caveat or writ recorded in the folio for the lot or lots to be converted has been discharged, surrendered, withdrawn or otherwise disposed of.