New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 36

36 Restrictions on dealings under this Division

(1) An owners corporation of a strata scheme must not execute a dealing for the purposes of this Division that disposes of common property in the scheme unless--

(a) any common property rights by-law that relates to the common property being disposed of has been repealed or amended so it does not relate to the common property, and

(b) each registered interest in the common property being disposed of has been released or the dealing has been made subject to the interest, and

(c) each statutory interest, or other interest that is not registered, in the common property being disposed of and of which the owners corporation has been notified has been released.

(2) A dealing lodged for registration under the Real Property Act 1900 or the Conveyancing Act 1919 for the purposes of this Division must not be registered unless it is accompanied by a certificate under the seal of the owners corporation certifying that--

(a) the resolution authorising the dealing was a special resolution or ordinary resolution (as required under this Division), and

(b) the resolution was passed after the expiration of the initial period, and

(c) subsection (1) (c) has been complied with.

(3) Subsection (2) (b) does not apply to a dealing if--

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

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

(4) The certificate is conclusive evidence of the facts stated in the certificate in favour of the Registrar-General and any person taking under the dealing or benefiting by the registration of the dealing.

(5) This section does not prevent--

(a) the execution in accordance with section 87 of a dealing by an owners corporation, or by a developer on behalf of the owners corporation, to give effect to a decision about a development concern, or

(b) the registration of a dealing referred to in paragraph (a).