Community Titles Act 2018

The common property in a community titles scheme is —

that part of the tier parcel subdivided by the community titles scheme that does not form part of a lot in the community titles scheme; and

temporary common property.

The common property includes, for a community titles (building) scheme, those parts of a scheme building that do not form part of a lot.

The common property does not include —

any land vested in the Crown under the Planning and Development Act 2005 section 152; or

any dedicated road under the Planning and Development Act 2005 section 168.

If a scheme plan identifies an encroachment outside the tier parcel that is to be controlled and managed as common property, the encroachment is to be regarded, for this Act, as if it were common property.