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COMMUNITY TITLES REGULATIONS 2021
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Terms used
PART 2 -- Provisions relating to terms used in the Act
4. Requirements for approved form
5. Insurable asset
6. Key document
7. Public authority
8. Type 1 notifiable variation
9. Volunteer scheme manager
PART 3 -- Planning and development
10. Advertisement of community development statement by local government
11. Minimum period for comments under s. 22
12. Matters to which Planning Commission must have due regard
13. Additional content to be included in statement
14. Classes of documents that may be referred to, or incorporated in, community development statement
15. Advertisement of application to extend development period for community scheme
16. Minimum period for comments under s. 26
17. Period for making decision under s. 34(5) where amendment of community development statement required
18. Registration of amendment of community development statement
PART 4 -- Scheme documents
19. Naming convention for community corporations
PART 5 -- Scheme plans
20. Application of Part
21. Application of Survey Regulations to scheme plans
22. Surveyor’s certificate
23. Numbering of lots and common property
24. Requirements for identification of parcel to be subdivided
25. Requirements for scheme plan for community titles (building) scheme
26. Requirements for scheme plan for community titles (land) scheme
PART 6 -- Short form easements and restrictive covenants
Division 1 -- Preliminary
27. Terms used
Division 2 -- Description, location and identification
28. Specified easements and short form descriptions
29. Location of easement area
30. Identification of lots and common property affected by easement
31. Permitted restrictive covenants and short form descriptions
32. Identification of lots and common property affected by restrictive covenant
Division 3 -- Other requirements
33. Application of Division
34. Location of covenant area
35. Persons who benefit to be specified in short form documents
36. Benefit of short form easement or restrictive covenant need not attach to land
37. Short form easement or restrictive covenant binds community corporation
38. Short form documents
Division 4 -- Rights and liabilities under short form easements
39. General
40. Vehicle access easement
41. Light and air easement
42. Party wall easement
43. Intrusion easement
44. Pedestrian access easement
45. Easement in gross
46. Easement for utility services
47. Entry under easement
48. Rectification of damage
49. Indemnity payable by grantee
50. Payment of consideration
Division 5 -- Rights and liabilities under short form restrictive covenants
51. General
52. Right of way restrictive covenant
53. Land use restrictive covenant
54. Conservation restrictive covenant
55. Building envelope restrictive covenant
56. Fire restrictive covenant
PART 7 -- Schedule of unit entitlements
57. Determining capital value of a lot
58. Certificate by licensed valuer
PART 8 -- Scheme by‑laws
59. Explanation of scheme by‑laws
60. Maximum penalty for contravention of scheme by‑laws
PART 9 -- Common property infrastructure easements
Division 1 -- Special procedures for notice or voting
61. Special procedures for notice to apply s. 57 to infrastructure contract
Division 2 -- Terms and conditions taken to be implied in infrastructure contract
62. Application of Division
63. Planning or other approval
64. Benefits of infrastructure
65. Damage to common property
66. Maintenance of common property within easement area
67. Notice of intention to terminate where no term specified
Division 3 -- Rights and obligations of community corporation and infrastructure owner
68. Application of Division
69. Rights and obligations relating to required insurance
70. Rights of infrastructure owner
71. Obligations relating to certain costs and charges
72. Obligations relating to infrastructure insurance
73. Obligations relating to changes in ownership
74. Obligation relating to removal of infrastructure
PART 10 -- Community corporations
75. Minimum insurance for community titles scheme
76. Requirement to have 10 year plan
77. Expenditure on common property requiring special resolution
78. Budget variations that are authorised
79. Rate of interest on contributions in arrears
80. Other records required to be kept
81. Period in which records must be retained
82. Form of records
83. Person with proper interest in information
84. Fees for applications
85. Inspection of material
86. Maximum charge for copies of material
87. Voting
88. Limitations on scheme manager being appointed as proxy
89. Agenda for general meeting
PART 11 -- Scheme managers
Division 1 -- Preliminary
90. Terms used
91. Key role
Division 2 -- Criminal record checks
92. Application of Division
93. Scheme manager must obtain national criminal record checks
94. Scheme manager must give criminal record statement to community corporation
Division 3 -- Educational qualifications
95. Application of Division
96. Educational qualifications that must be met by particular individuals
97. Changes to titles or units
Division 4 -- Professional indemnity insurance
98. Application of Division
99. Scheme manager must obtain and maintain professional indemnity insurance
Division 5 -- Scheme management contracts
100. Additional matters to be included in scheme management contract
101. Transitional provision for compliance with educational qualification requirements
Division 6 -- Financial provisions relating to scheme managers
102. Disclosure of remuneration and other benefits
103. Scheme manager to provide periodic return
PART 12 -- Protection of buyers
104. Further information to be given before contract
105. Information may be given by electronic means
106. Information must be in prominent position
107. Particulars of notifiable variation to be provided to buyer
PART 13 -- Termination proposals
Division 1 -- Preliminary
108. Terms used
Division 2 -- Outline proposal
109. Details of arrangements for independent advice or representation
110. Additional information for outline proposal
Division 3 -- Independent advocate
Subdivision 1 -- Persons who may be independent advocates
111. Level of independence of independent advocate
112. Qualifications of independent advocate
Subdivision 2 -- Review, assessment and presentation
113. Assessment of proposal by independent advocate
114. Presentation by independent advocate
115. Identification of vulnerable person by independent advocate
Division 4 -- Full proposal
116. Notice of completion of service
117. Tenants entitled to 5 year term
118. Additional information for full proposal
119. Person who can provide report of required works
120. Valuation methodology
121. Validity period of valuation
122. Preparation and certification of reports
123. Termination valuation report to be given to Valuer‑General
Division 5 -- Additional procedures for dealing with termination proposals
Subdivision 1 -- Meetings
124. Consideration of proposal at joint meeting
Subdivision 2 -- Voting
125. Application of Subdivision
126. Voting notice
127. Independent vote counter
128. Provision of record of votes
129. Protection of record of votes (resolution subject to confirmation)
Subdivision 3 -- Confirmation of termination resolution
130. Material to accompany application by proponent for confirmation of termination resolution
131. Information community corporation must provide to Tribunal
Subdivision 4 -- Proposals that are withdrawn or not proceeding
132. Notice of withdrawn termination proposal
133. Notice of termination proposal not proceeding
Division 6 -- Arrangements for independent advice or representation for owners
Subdivision 1 -- Preliminary
134. Ancillary service
Subdivision 2 -- Identification of persons as vulnerable
135. Application of Subdivision
136. Vulnerable persons
137. Independent advocate to identify vulnerable persons to proponent
138. Owner of lot may apply to be recognised as vulnerable person
139. Proponent to make decision about claim of vulnerability
140. Trustee may require information from independent advocate about type of vulnerability
Subdivision 3 -- Establishment and terms of trust
141. Application of Subdivision
142. Proponent to establish trust
143. Trustee of the trust
144. Services for which trust moneys are to be provided
145. No payment for services obtained after withdrawal or notice that proposal cannot proceed
146. Guaranteed payment amount
147. Method of payment under trust
148. Period of time for making claims
149. Trust account
150. Trustee records
151. Period of time for retaining trustee records
152. Owner entitled to certain information in respect of lot
153. Summary of trust records to be given to proponent on request
154. Privacy of information
155. Winding up of trust
PART 14 -- Termination by single owner
Division 1 -- Preliminary
156. Term used: single owner terminating scheme
157. Application of Part
Division 2 -- Modification of Part 11 Division 1 of the Act
158. Modification of application of s. 141
159. Modification of application of s. 142
160. Modification of application of s. 145
161. Modification of application of s. 146
162. Modification of application of s. 147
163. Modification of application of s. 148
Division 3 -- Modification of these regulations
164. Modification of application of r. 113
165. Modification of application of r. 142
PART 15 -- Tribunal proceedings
Division 1 -- Scheme disputes
166. Terms used
167. Application of Division
168. Disputes relating to disclosure of information
169. Occupier disputes relating to termination proposals
170. Disputes about trustee’s performance
171. Dispute about proponent’s decision
Division 2 -- Orders of Tribunal
172. Orders required to be made by legally qualified member
173. Internal review of Tribunal order
PART 16 -- Termination or amendment by compulsory acquisition
174. Application of Part
175. Modification of s. 50
176. Modification of s. 152
177. Modification of s.
178. Modification of s. 155
PART 17 -- Miscellaneous
179. Fees payable to Registrar of Titles
180. Fees payable to local government
SCHEDULE 1 -- Explanation of effect of section 48
SCHEDULE 2 -- Fees payable to Registrar of Titles
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