New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989

- As at 17 June 2009
- 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.    Valuations to be obtained for the purposes of insurance
   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 Registrar
   64.     Registrar to be satisfied mediation has been attempted before accepting application

           Division 2 - Mediation and resolution of disputes by Director-General

   65.     Definitions
   66.     Mediation of disputes relating to community schemes
   67.     Director-General 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 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.    Investigations and proceedings before the Tribunal
   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.     Procedure after appeal is lodged
   90.     Stay of proceedings
   91.     Determination of appeal to Tribunal

           Division 6 - General provisions relating to Tribunal

   91A.    Proceedings before Tribunal
   92.     Tribunal may dispense with formalities
   93.     Appearance before Tribunal
   94.     Summons to appear before Tribunal
   95.     Examination of witness on oath
   96.     Contempt of Tribunal
   97.     Order and records to be sent to Registrar
   97A.    Intervention by Director-General

           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 Director-General and Adjudicators
   103.    Title to land
   104.    Orders relating to costs
   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.    Appeal to District Court
   109.    (Repealed)

   PART 5A - ADMINISTRATION

           Division 1 - Functions of Director-General under this Act

   109A.   (Repealed)
   109B.   Functions of Director-General
   109C.   Advice and conciliation by the Director-General
   109D.   Staff of Director-General
   109E.   Delegation of functions
   109F.   Investigations by Director-General
   109G.   Annual report of Director-General

           Division 2 - Community Schemes Adjudicators

   109H.   Appointment of Community Schemes Adjudicators
   109I.   Functions of Adjudicators
   109J.   Delegation of functions of Adjudicators

           Division 3 - (Repealed)
           None

           Division 4 - Registrar

   109N.   (Repealed)
   109O.   Delegation

   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
   123.    Savings, transitional and other provisions
           SCHEDULE 1
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           SCHEDULE 6
           SCHEDULE 7