Dealings in common property
31A Dealings in common property
The share in the common property of a member of an owners corporation cannot be dealt with except—
as part of a dealing with the member's lot; or
under Division 3 or section 32A; or
by the owners corporation, in accordance with the regulations.
A dealing, encumbrance or notification affecting a lot operates as a dealing, encumbrance or notification affecting the lot owner's share in the common property, even though that share is not mentioned in any document giving effect to the dealing, encumbrance or notification affecting the lot.
S. 31A(3) amended by No. 80/2009 s. 99(1).
The Registrar may only record on the folio of the Register for common property anything affecting the common property and not a lot owner's share in the common property.
S. 31A(4) amended by No. 80/2009 s. 99(2).
A recording made on the folio of the Register for a lot operates in relation to the owner's share in the common property as if it were also a recording made in relation to that share on the folio for the common property.
Division 3—Alteration of a subdivision
S. 32 substituted by No. 69/2006 s. 211.
This provision refers to the regulations (the regulations
). Made under this Act:
- Subdivision (Fees) Regulations 2016 · under section 43
- Subdivision (Procedures) Regulations 2021 · under section 43
- Subdivision (Registrar's Fees) Regulations 2016 · under section 43
1 more instrument made under this Act are listed on the Act’s overview.
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