New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
COMMUNITY LAND MANAGEMENT ACT 1989
- As at 21 October 2021
- Act 202 of 1989
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
3A. Notes
4. Compliance with Act by the Crown
PART 2 - MANAGEMENT OF COMMUNITY, PRECINCT AND NEIGHBOURHOOD SCHEMES
Division 1 - Associations
5. Community association
6. Precinct association
7. Neighbourhood association
8. Seal of association
9. Meeting to be held by original proprietor
10. First annual general meeting of association
11. Remedial meetings
12. General meetings other than first annual general meeting
13. Binding effect of management statement
13A. How can an association enforce the by-laws?
14. Amendment of management statement
15. Binding effect of development contract
16. Amendment of development contract with approval of association
17. By-laws fixing details of development
18. Lessee to comply with management statement
19. Lessor to provide copy of management statement
20. Levy on member of association
20A. Interest and discounts on contributions
21. Change of address for service of notices on association
22. Provision of amenities or services
23. Restriction on powers during initial period
24. Termination of certain agreements
25. Association roll
26. Inspection of records and provision of certificates
Division 2 - Executive committee of association
27. Executive committee of association with 3 members or fewer
28. Executive committee of association with 4 members or more
29. Candidates for election to community or precinct executive committee
30. Candidates for election to neighbourhood executive committee
31. Substitute members of executive committee
32. Vacation of office by member of community or precinct executive committee
33. Vacation of office by member of neighbourhood executive committee
34. Officers of executive committee
35. Chairperson to preside at meetings
36. Functions relating to money and accounts
37. Delivery of property of association
38. Meetings of executive committee
38A. Can members of the executive committee be paid?
Division 3 - Insurance
39. Insurance against damage or destruction
39A. (Repealed)
40. Other insurance required
41. Optional insurance
42. Building on association property
43. Insurance generally
44. Approved insurers
Division 4 - Notices
45. Notices relating to subsidiary body
46. Notice of lease
46A. Notice to be given to association of mortgagee taking possession of lot
47. Other notices
48. Change of address or change of nominee
49. Failure to give notice
Division 5 - Managing agents
50. Appointment of, and delegation to, managing agent
51. Provision of information by managing agent
52. Liability of managing agent under delegated duty
PART 3 - ASSOCIATION PROPERTY
53. Value of interests of members of an association
54. Restricted property
55. Consequences of restricting use of association property
56. Payments to or by association in relation to association property
57. Carrying out of work on association property by developer
58. Community association or precinct association may do certain work
59. Neighbourhood association may do certain work
60. Powers of entry of association
61. Duties in relation to association property or common property
PART 4 - DISPUTES
Division 1 - Application for order to resolve issue relating to community scheme
62. Application for order on dispute
63. Application for order to be made to principal registrar
64. Principal registrar to be satisfied mediation has been attempted before accepting application
Division 2 - Mediation and resolution of disputes by Secretary
65. Definitions
66. Mediation of disputes relating to community schemes
67. Secretary may dismiss certain applications
68. Agreements and arrangements arising from mediation sessions
69. Privilege
70. Secrecy
70A. Exoneration from liability for mediators
Division 2A - Procedure after principal registrar receives application
70B. Notice of application to be given
70C. Procedure after time for making submissions has expired
70CA. Procedure for orders under Division 6A
Division 3 - Orders by Adjudicators
71. Order by Adjudicator
71A. Dismissal of application on certain grounds
71B. Matters that may be referred to Tribunal
71C. Investigations by Adjudicator
72. Interim orders
73. Restrictions on orders
74. Restriction on amendment or revocation of order
75. Service of copy of order
Division 4 - Orders by Tribunal
75A. Dismissal of application on certain grounds
75B. (Repealed)
76. Applications referred to Tribunal by Adjudicator
77. Order by Tribunal in relation to initial period
78. Order by Tribunal substituting schedule of unit entitlements
79. Order by Tribunal affecting restricted property
80. Order by Tribunal relating to variation of management statement
81. Order by Tribunal revoking invalid part of management statement
82. Order by Tribunal relating to invalid resolution or election
83. Order by Tribunal relating to contributions
84. Order by Tribunal to vary amount of insurance
85. Order by Tribunal appointing managing agent
86. Functions of managing agent appointed by Tribunal
87. Amendment or revocation of order of Tribunal
Division 5 - Appeal to Tribunal
88. Appeal against order of Adjudicator
89, 90. (Repealed)
91. Determination of appeal to Tribunal
Division 6 - (Repealed)
None
Division 6A - Enforcement of orders of Adjudicators and Tribunal and certain notices
97B. Civil penalties for contravention of orders under this Part
97C. Civil penalties for contravention of notice of association
97D. Order as to costs
97E. Payment of civil penalties
Division 7 - Miscellaneous
98. Orders generally
99. Time at which order takes effect
100. Resolution purporting to alter effect of order
101. (Repealed)
102. Protection of Secretary and Adjudicators
103. Title to land
104. (Repealed)
105. Expenses in proceedings under this Part
PART 5 - PROCEEDINGS IN SUPERIOR COURTS
106. Breach of development contract
107. Amendment of development contract with approval of Land and Environment Court
108, 109. (Repealed)
PART 5A - ADMINISTRATION
Division 1 - Functions of Secretary under this Act
109A. (Repealed)
109B. Functions of Secretary
109C. Advice and conciliation by the Secretary
109D. Staff
109E. Delegation of functions
109F. Investigations by Secretary
109G. (Repealed)
Division 2 - Community Schemes Adjudicators
109H. Appointment of Community Schemes Adjudicators
109I. Functions of Adjudicators
109J. (Repealed)
Divisions 3, 4 - (Repealed)
None
PART 6 - GENERAL
110. Mutual duties owed by proprietor and others
111. Company nominees
111A. Can a proprietor of a lot appoint an agent for dealings with the association?
112. Costs in proceedings between association and members
113. Association may represent its members in certain proceedings
114. Service of documents on association
115. Service of documents by certain persons
116. Open and private access ways
117. Dividing Fences Act 1951
118. Power of entry for public authority
119. Effect of notice under the Real Property Act 1900
120. Other rights and remedies not affected
121. Proceedings for offences
122. Regulations
122A. Regulation-making power for COVID-19 pandemic
123. Savings, transitional and other provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback