Community Title Act 2001

Until the development of a community title scheme is finished, the developer of the scheme warrants to a person who purchases a lot or a proposed lot of scheme land, or who is a prospective owner of a lot or a proposed lot of scheme land, that the development will be carried out in accordance with the scheme.

A warranty under subsection (1)—

is enforceable in the same way as a contractual warranty; and

cannot be limited or excluded by contract.

Without limiting the damages recoverable for breach of the statutory warranty, the owner or prospective owner of a lot may recover damages for the loss of a reasonably expected capital appreciation of the lot that would have resulted from completion of the development in accordance with the terms of the community title scheme.

Part 8 Bodies corporate

Division 8.1 Establishment of bodies corporate