Community Titles Act 2018

The title to the land comprised in a lot is a community title.

A certificate of title must be created and registered for each community title under the Transfer of Land Act 1893.

On registration of a community titles scheme or an amendment of a community titles scheme to give effect to a subdivision of land, community titles come into existence, cease to exist or are varied as necessary to ensure that —

there is 1 community title registered for each lot in the scheme or the scheme as amended; and

the community title for a lot confers rights on the owner of the lot as set out in this section.

When a new lot is created and a community title comes into existence, it vests as follows —

in the case of a parcel of land that is being subdivided, in the person who is, immediately before the new lot is created, the registered proprietor of the land under the Transfer of Land Act 1893;

in the case of a lot that is being subdivided, in the person who is, immediately before the new lot is created, the owner of that lot;

in the case of common property that is being subdivided, in the persons who are, immediately before the new lot is created, the owners of lots in the community scheme as tenants in common in shares proportional to their respective shares in the common property that is being subdivided.

If a lot that is created vests in 2 or more persons, they hold their share in the lot as tenants in common or as joint tenants in the same manner as they owned the land or lot and, if they owned it as tenants in common, in the same proportions as they owned the land or lot.

When a community title for a lot comes into existence it confers on the owner of the lot —

rights as the proprietor of the lot under the Transfer of Land Act 1893; and

for a tier 1 lot — an undivided share in the common property in the lot’s tier 1 scheme as a tenant in common with the other owners of lots in the community scheme; and

for a tier 2 lot —

an undivided share in the common property in the tier 1 scheme to which the lot’s tier 2 scheme belongs as a tenant in common with the other owners of lots in the community scheme; and

an undivided share in the common property in the lot’s tier 2 scheme as a tenant in common with —

the other owners of lots in that tier 2 scheme; and

the owners of lots in any tier 3 scheme that belongs to that tier 2 scheme;

for a tier 3 lot —

an undivided share in the common property in the tier 1 scheme to which the lot’s tier 3 scheme belongs as a tenant in common with the other owners of lots in the community scheme; and

an undivided share in the common property in the tier 2 scheme to which the lot’s tier 3 scheme belongs as a tenant in common with —

the owners of lots in that tier 2 scheme; and

the other owners of lots in that tier 3 scheme; and

the owners of lots in any other tier 3 scheme that belongs to that tier 2 scheme;

an undivided share in the common property in the lot’s tier 3 scheme as a tenant in common with the other owners of lots in that tier 3 scheme.

The extent of the undivided share in the common property of a community scheme of an owner of a lot is determined as follows —

a tier 1 lot owner has a share in the tier 1 common property of the same proportion as the relative unit entitlement of the tier 1 lot;

a tier 2 lot owner has —

a share in the tier 1 common property of a proportion calculated by multiplying —

the relative unit entitlement of the tier 2 lot; and

the relative unit entitlement of the tier parcel of the lot’s tier 2 scheme;

a share in the common property in the lot’s tier 2 scheme of the same proportion as the relative unit entitlement of the tier 2 lot;

a tier 3 lot owner has —

a share in the tier 1 common property of a proportion calculated by multiplying —

the relative unit entitlement of the tier 3 lot; and

the relative unit entitlement of the tier parcel of the lot’s tier 3 scheme; and

the relative unit entitlement of the tier parcel of the tier 2 scheme to which the lot’s tier 3 scheme belongs;

a share in the common property of the tier 2 scheme to which the lot’s tier 3 scheme belongs of a proportion calculated by multiplying —

the relative unit entitlement of the tier 3 lot; and

the relative unit entitlement of the tier parcel of the lot’s tier 3 scheme;

a share in the common property in the lot’s tier 3 scheme of the same proportion as the relative unit entitlement of the tier 3 lot.

The owner of a lot cannot separately deal with or dispose of the owner’s share in the common property of the community scheme.

A dealing under the Transfer of Land Act 1893 affecting the owner’s interest in a lot affects, without express reference, the owner’s interest in the common property in the same manner and to the same extent.

A community title is subject to items registered or recorded for the community titles scheme in the Register to the extent that they affect the lot or common property to which the community title relates.