New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 33

33 Transfer or lease of common property

(1) The owners corporation of a freehold strata scheme may--

(a) by special resolution, transfer or lease common property, other than common property the subject of an accepted lease or sublease, and

(b) by special resolution, and if not prevented by the terms of the lease or sublease, transfer an accepted lease or sublease of common property or grant a sublease of that lease or sublease, and

(c) by special resolution, and in accordance with section 55A of the Real Property Act 1900 , execute a variation of a lease or sublease granted or transferred under paragraph (a) or (b).

(2) The owners corporation of a leasehold strata scheme may--

(a) by special resolution, and with the lessor's consent and if not prevented by the terms of the lease, transfer a lease of part of the common property or grant a sublease of the part, and

(b) by special resolution, and with the lessor's consent, execute a variation of a lease or sublease referred to in paragraph (a) in accordance with section 55A of the Real Property Act 1900 .

(3) The owners corporation of any strata scheme may, by special resolution--

(a) accept a surrender of a lease or sublease granted under this section, or

(b) re-enter the lease or sublease, if otherwise authorised.

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