South Australian Current Acts

COMMUNITY TITLES ACT 1996

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Associates
   5.      This Act and the Real Property Act 1886 to be read together

   PART 2--Scope of the Act

   6.      Nature of division under this Act
   7.      What land can be divided
   8.      Development lots
   9.      Strata division
   10.     The community corporation
   11.     The scheme description
   12.     By-laws
   13.     Staged development and development contracts

   PART 3--Division of land by plan of community division

           Division 1--Application for division

   14.     Application
   15.     Scheme description not required for certain small schemes
   15A.    Application may deal with statutory encumbrances
   16.     Consents to application
   17.     Application in relation to part of the land in a certificate
   18.     Status of plan and application
   19.     Special provisions relating to strata plans

           Division 2--Lot entitlement

   20.     Lot entitlement
   21.     Application to amend schedule of lot entitlements

           Division 3--Deposit of community plan

   22.     Deposit of community plan
   23.     Vesting etc of lots etc on deposit of plan
   24.     Easements for support, shelter, services and projections
   25.     Easements in favour of Government instrumentalities
   26.     Vesting of certain land in council etc
   27.     Encroachments

           Division 4--Common property

   28.     Common property
   29.     Vesting of the common property

   PART 4--The scheme description

   30.     Scheme description
   31.     Amendment of scheme description
   32.     Persons whose consents are required
   33.     Amended copy of scheme description to be filed

   PART 5--By-laws

   34.     By-laws
   35.     By-laws may exempt corporation from certain provisions of Act
   36.     By-law as to the exclusive use of part of the common property
   37.     Restrictions on making of by-laws
   38.     Certain by-laws may be struck out by Court
   39.     Variation of by-laws
   40.     Date of operation of by-laws
   41.     Invalidity of by-laws
   42.     Application of council by-laws
   43.     Persons bound by by-laws
   44.     Availability of copies of by-laws
   45.     By-laws need not be laid before Parliament or published in Gazette

   PART 6--Development contracts

   46.     Interpretation
   47.     Development contracts
   48.     Consistency of development contract with scheme description and by-laws
   49.     Enforcement of development contract
   50.     Variation or termination of development contract
   51.     Inspection and purchase of copies of contract

   PART 7--Amendment, amalgamation and cancellation of plans

           Division 1--Amendment of community plans

   52.     Application for amendment
   53.     Status of application for amendment of plan
   53A.    Application may deal with statutory encumbrances
   54.     Amendment of plan
   55.     Vesting etc of interests on amendment of plan
   56.     Merging of land on amendment of plan
   57.     Alteration of boundaries of primary community parcel
   58.     Amendment of plan pursuant to development contract
   59.     Amendment by order of ERD Court

           Division 2--Amalgamation of community plans

   60.     Amalgamation of plans
   61.     Persons whose consents are required
   62.     Deposit of amalgamated plan
   63.     Effect of amalgamation on development contracts

           Division 3--Cancellation of community plans

   64.     Cancellation by Registrar-General or ERD Court
   65.     Application to the Registrar-General
   66.     Persons whose consent is required
   67.     Application to ERD Court
   68.     Lot entitlements
   69.     Cancellation

   PART 8--Division of primary parcel under Part 19AB

   70.     Division of primary parcel under Part 19AB

   PART 9--The community corporation

           Division 1--Establishment of the corporation

   71.     Establishment of corporation
   72.     Corporate nature of community corporations
   73.     The corporation's common seal
   74.     Members of corporation
   75.     Functions and powers of corporations
   76.     Presiding officer, treasurer and secretary
   77.     Corporation's monetary liabilities guaranteed by members
   78.     Non-application of Corporations Act 2001

           Division 1A--Delegations by corporation

   78A.    Delegation of corporation's functions and powers
   78B.    Body corporate managers
   78C.    General duties
   78D.    Offences

           Division 2--General meetings

   79.     First statutory general meeting
   80.     Business at first statutory general meeting
   81.     Convening of general meetings
   82.     Annual general meeting
   83.     Procedure at meetings
   84.     Voting at general meetings
   85.     Duty to disclose interest
   86.     Voting by a community corporation as a member of another community corporation
   87.     Value of votes cast at general meeting
   88.     Special resolutions--3 lot schemes
   89.     Revocation etc of decisions by corporation

           Division 3--Management committee

   90.     Establishment of management committee
   91.     Term of office
   92.     Functions and powers of committees
   93.     Convening of committee meetings
   94.     Procedure at committee meetings
   95.     Disclosure of interest
   96.     Members' duties of honesty
   97.     Casual vacancies
   98.     Validity of acts of a committee
   99.     Immunity from liability

           Division 4--Appointment of administrator

   100.    Administrator of community corporation's affairs

   PART 10--Property management

           Division 1--Powers of corporation to maintain integrity of the community scheme

   101.    Power to enforce duties of maintenance and repair etc
   102.    Alterations and additions in relation to strata schemes

           Division 2--Insurance

   103.    Insurance of buildings etc by community corporation
   104.    Other insurance by community corporation
   105.    Application of insurance money
   106.    Insurance to protect easements
   107.    Offences relating to failure to insure
   108.    Right to inspect policies of insurance
   109.    Insurance by owner of lot

           Division 3--Easements

   110.    Easements

           Division 4--Leasing of common property and lots

   111.    Limitations on leasing of common property and lots

           Division 5--Acquisition of property for benefit of owners and occupiers of lots

   112.    Acquisition of property

   PART 11--Financial management

           Division 1--General

   113.    Statement of expenditure etc
   114.    Contributions by owners of lots
   115.    Cases where owner not liable to contribute
   116.    Administrative and sinking funds
   117.    Disposal of excess money in funds
   118.    Power to borrow
   119.    Limitation on expenditure

           Division 2--Agent's trust accounts

   120.    Application of Division
   121.    Interpretation
   122.    Trust money to be deposited in trust account
   123.    Withdrawal of money from trust account
   124.    Authorised trust accounts
   125.    Application of interest
   126.    Keeping of records
   127.    Audit of trust accounts
   128.    Obtaining information for purposes of audit
   129.    ADIs etc to report deficiencies in trust accounts
   130.    Confidentiality
   131.    ADIs etc not affected by notice of trust

   PART 12--Obligations of owners and occupiers

   132.    Interference with easements and services
   133.    Nuisance
   134.    Maintenance of lots

   PART 13--Records, audit and information to be provided by corporation

           Division 1--Records

   135.    Register of owners of lots
   136.    Records
   137.    Statement of accounts

           Division 2--Audit

   138.    Audit

           Division 3--Information to be provided by corporation

   139.    Information to be provided by corporation
   140.    Information as to higher tier of community scheme

   PART 14--Resolution of disputes

   141.    Persons who may apply for relief
   142.    Resolution of disputes etc

   PART 15--Miscellaneous

   142A.   Holding of deposit and other contract moneys when lot is pre-sold
   142B.   Developer stands in fiduciary relationship with community corporation
   143.    Corporation may provide services
   144.    Preliminary examination of plan by Registrar-General
   145.    Filing of documents with plan
   145A.   Registrar-General may rely on certificates
   146.    Entry onto lot or common property
   147.    Power to require handing over of property
   148.    Owner of lot under a legal disability
   149.    Relief where unanimous or special resolution required
   149A.   Applications to Magistrates Court
   150.    Stamp duty not payable in certain circumstances
   151.    Destruction or disposal of certain documents
   151A.   Liability of community corporation in respect of certification by officer
   152.    Commencement of prosecutions
   153.    General defence
   154.    Procedure where the whereabouts of certain persons are unknown
   155.    Service
   155A.   Indemnity fund under Land Agents Act 1994
   155B.   Review of operation of Act
   156.    Regulations
           SCHEDULE -Transitional provisions
           Legislative history