Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 21

21 Acquisition of additional common property

(1) A body corporate may, pursuant to a unanimous resolution, accept—

(a) a grant or transfer of land, not being a lot within the parcel, which abuts on the parcel; or

(b) a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel;

for the purpose of creating additional common property.

(1A) For the purposes of the application of the Land Act 1994 , a body corporate shall be deemed to be the holder or the registered proprietor in fee simple of the land comprising the parcel.

(2) A transfer or lease referred to in subsection (1) shall be accompanied by—

(a) the deed of grant or certificate of title comprising the land described in the transfer or lease or, in the case of a transfer of a lease or sublease, the registered lease referred to in the transfer or sublease; and

(b) a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the transfer or lease was a unanimous resolution;

and, in the case of a transfer other than a transfer of a lease, there shall be lodged in the land registry a plan under the Land Title Act 1994 showing as a single lot the land comprised in the transfer and the land comprised in the parcel before the registration of the transfer.

(2A) The registrar of titles shall not—

(a) deliver to any person; or

(b) record in the register any dealings in respect of;

a deed of grant issued in the name of a body corporate until there is registered in the land registry a plan under the Land Title Act 1994 showing as a single lot the land comprised in the grant and the land comprised in the parcel before the grant.

(3) Upon the registration under the Land Title Act 1994 of any such grant or transfer, other than a transfer of a lease, the land comprised therein becomes common property and is subject to the provisions of this Act relating to common property and the registrar of titles shall make an appropriate recording on the registered plan to which the parcel relates.

(4) Upon the registration under the Land Title Act 1994 of any such lease, transfer of a lease or sublease—

(a) the leasehold interest becomes common property and thereupon is subject to such of the provisions of this Act relating to common property as are applicable to a leasehold interest; and

(b) the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sublease, as the case may be; and

(c) the registrar of titles shall make an appropriate noting on the registered plan to which the parcel relates and on the certificate of title or the lease, as the case may be, comprising the demised land to the effect that during the term of the lease or sublease the demised land is incorporated with and as part of, the common property.

(5) A body corporate may, pursuant to a unanimous resolution and with the concurrence of the lessor, surrender a lease accepted by it under this section.

(6) Upon the registration under the Land Title Act 1994 of any such surrender the registrar of titles shall make an appropriate recording on the registered plan on which the lease was recorded.