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COMMUNITY TITLES ACT 1996 - SCHEDULE

Schedule—Transitional provisions

1—Interpretation

In this Schedule—

ordinary resolution of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of members present and voting on the resolution.

2—Election as to application of this Act

        (1)         A strata corporation under the Strata Titles Act 1988 may, by ordinary resolution, decide that this Act and not the Strata Titles Act 1988 will apply to, and in relation to, the corporation and the strata scheme.

        (2)         The corporation must lodge with the Registrar-General a copy of the resolution (certified in accordance with the regulations to be a true copy) and the Registrar-General must file the resolution with the strata plan.

        (3)         The following provisions apply from the time at which the resolution is filed with the strata plan

            (a)         subject to subclause (5), this Act and not the Strata Titles Act 1988 applies to, and in relation to, the corporation and the strata scheme; and

            (b)         the strata plan will be taken to be a primary strata plan of community division deposited under this Act and the units created by the plan (including the unit subsidiaries (if any)) will be taken to be primary strata lots having the same boundaries as the units; and

            (c)         the common property vests in the owners of the lots but duty is not payable under the Stamp Duties Act 1923 in respect of that vesting; and

            (d)         the strata corporation continues in existence as a primary community corporation under this Act; and

            (e)         the articles of the strata corporation continue as the by-laws of the community scheme; and

            (f)         the number of votes that may be cast in respect of each community lot will be determined in accordance with section 87 except where, immediately before the application of this Act, the number of votes in respect of each unit was equivalent to the unit entitlement of the unit and, in that case, the voting entitlement will remain unchanged until one or more of the lots is used solely or predominantly for residential purposes or the by-laws are amended to change the voting entitlement; and

            (g)         the presiding officer, treasurer and secretary and the members of the management committee (if any) of the strata corporation will continue to hold office after the application of this Act as though this Act were in force when they were appointed and they had been appointed under it; and

            (h)         if an administrator of the strata corporation has been appointed, the administrator will continue to hold office after the application of this Act as though this Act were in force when he or she was appointed and he or she had been appointed under it; and

                  (i)         money held by the strata corporation immediately before the application of this Act must be paid into the corporation's administrative or sinking fund under this Act according to the purpose for which the money will be used.

        (4)         The Registrar-General must either—

            (a)         cancel the certificates of title for the strata lots and common property and issue new certificates of title in their place and must state on the new certificates that the strata scheme is subject to this Act; or

            (b)         make endorsements on the certificates for the strata lots and common property to the effect that this Act and not the Strata Titles Act 1988 applies to, and in relation to, the strata scheme.

        (5)         Proceedings commenced under the Strata Titles Act 1988 in relation to, a strata corporation or strata scheme before the application of this Act to, or in relation to the corporation or scheme, may be continued and completed under that Act.

3—Prescribed building unit schemes

        (1)         Where—

            (a)         land was, before 22 February, 1968, laid out in a building unit scheme consisting of two or more units designed for separate occupation; and

            (b)         as at that date, buildings to which the scheme relates had been erected,

the scheme is one to which this clause applies.

        (2)         An application may be made under this Act for the deposit of a plan of community division in relation to land subject to a scheme to which this clause applies.

        (2a)         When deposited the plan will be a primary strata plan of community division even if there is no lot situated above another lot in the building (see section 19).

        (3)         An application cannot be made under subclause (2) without the consent of—

            (a)         the person on whom rights to occupation of the units have been conferred under the scheme; and

            (b)         any other person who holds a registered encumbrance (not being an easement) over the land; and

            (c)         any company formed to administer the scheme.

        (4)         Where a community plan is deposited in pursuance of an application under this clause—

            (a)         the scheme is terminated;

            (b)         all registered encumbrances (except easements and statutory encumbrances) that had been entered on the certificate for the land are extinguished and any related instrument is discharged (although the Registrar-General will, on due application being made, register any instrument in substitution for any instrument that is cancelled by the operation of this paragraph and may note a caveat on the title without the permission of the Court);

            (c)         the certificate for the community lots will be issued in the names of the persons who were entitled to occupation of the units under the scheme;

            (d)         the assets and liabilities of any company formed to administer the scheme are transferred to the community corporation.



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