New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 25

25 Acquisition of additional common property

(1) For the purpose of creating or creating additional common property, the owners corporation of a strata scheme may, by special resolution, accept a lease or sublease, or a transfer of a lease or sublease, of land if--

(a) the land is contiguous to the parcel or the owners corporation considers the land is otherwise relevant to the strata scheme (whether or not the land is within the parcel or is contiguous to the parcel), and

(b) the land is not subject to a mortgage, charge, covenant charge or writ, and

(c) if the strata scheme is a leasehold strata scheme--the term of the lease or sublease does not expire after the term of the lease of the common property.

(2) Also, for the purpose of creating or creating additional common property, the owners corporation of a freehold strata scheme may, by special resolution, accept a transfer of land that--

(a) is contiguous to the parcel, and

(b) is not subject to a mortgage, charge, covenant charge or writ.

(3) If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a transfer of land creating or creating additional common property in the scheme unless the community scheme is appropriately amended by any necessary dealings registered under the Community Land Development Act 2021 .

(4) In this section--

"land" means land under the Real Property Act 1900 (other than land comprised in a limited folio or qualified folio or a perpetual lease from the Crown), but does not include a leasehold interest in land evidenced by a lease that is not registered under that Act.