COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 10

COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 10

SCHEDULE 10 – Dealings with association property

(Sections 17, 21, 22, 24, 35)

1 Application of Schedule

This Schedule applies to an instrument that is--

(a) a lease, sublease, or transfer of a lease of association property under section 17 or 24, or

(b) a plan dedicating neighbourhood property under section 21 to open or widen a public road or to create a public reserve or drainage reserve, or

(c) a neighbourhood plan of subdivision under section 22 subdividing or creating neighbourhood property in a neighbourhood scheme, or

(d) a transfer under section 24 of neighbourhood property in a neighbourhood scheme that is not part of a community scheme, or

(e) a dealing that is for the creation of easements, restrictions on the use of land or positive covenants as referred to in section 35 and that burdens association property, or

(f) a dealing that is for the release of an easement, restriction on the use of land or positive covenant as referred to in section 35 and that benefits association property.

2 Certificate to be lodged

There must be lodged with an instrument to which this Schedule applies a certificate in the approved form that is under the seal of the relevant association and is to the effect--

(a) that execution of the instrument was authorised by a unanimous resolution, and

(b) if the association has notice of an interest in the land (other than a statutory interest or an interest recorded in the Register) and the instrument has not been made subject to the interest--that the interest has been released, and

(c) that any by-law restricting the use of the association property no longer affects the interest passing under the instrument.

3 Restriction on dealing

A neighbourhood association must not deal with land to which this Schedule applies, unless--

(a) the initial period has expired, or

(b) the dealing has been authorised by the Tribunal.

4 Replacement sheet

(1) There must be lodged with a plan dedicating neighbourhood property under section 21 a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.

(2) There must be lodged with a plan referred to in section 24 (2) (a) a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.