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COMMUNITY LAND MANAGEMENT ACT 2021 - As at 12 October 2023 - Act 7 of 2021

- As at 12 October 2023 - Act 7 of 2021

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Objects of Act
  • 4 Interpretation
  • 5 Resolutions of associations
  • 6 Connected persons

PART 2 - MANAGEMENT OF SCHEMES

Division 1 - Functions of associations

  • 7 Association responsible for management of scheme
  • 8 Functions of associations generally
  • 9 Other management bodies and persons who assist the association
  • 10 Association may employ persons to assist in exercise of functions
  • 11 Functions that may only be delegated to member of association committee or managing agent

Division 2 - Meetings of associations

  • 12 First AGM must be held within 2 months after initial period
  • 13 Matters to be determined at first AGM
  • 14 Documents and records to be provided to association at first AGM
  • 15 Tribunal may order initial documents to be provided
  • 16 AGM must be held
  • 17 Other general meetings
  • 18 Tribunal may appoint person to hold first AGM and other meetings
  • 19 Unanimous or special resolutions to be amended or revoked in same way
  • 20 Notice to be given of right to cast vote at meeting of association
  • 21 Meeting procedures and voting
  • 22 Order invalidating resolution of association
  • 23 Order where voting rights denied or due notice of item of business not given
  • 24 References to "first annual general meeting"

Division 3 - Limitation on functions during initial period

  • 25 Restriction on powers of associations during initial period
  • 26 Restriction on powers of neighbourhood associations
  • 27 Restriction on powers of developers
  • 28 Order to authorise certain acts during initial period
  • 29 Remedies for breach of restrictions

PART 3 - ASSOCIATION COMMITTEES

Division 1 - Constitution of committees

  • 30 Association to appoint committee
  • 31 Committee for association with 3 members or fewer
  • 32 Committee for association with more than 3 members
  • 33 Persons who are eligible to be members of community committee or precinct committee
  • 34 Persons who are eligible to be members of neighbourhood committee
  • 35 Persons who are not eligible to be elected to association committee
  • 36 Tenant representatives on neighbourhood committees
  • 37 Acting members of association committee
  • 38 Vacation of office of elected member of community committee or precinct committee
  • 39 Vacation of office of elected member of neighbourhood committee

Division 2 - Functions of association committees

  • 40 Functions of association committee
  • 41 Duty of members of association committee
  • 42 Acts and proceedings of association committee valid despite vacancies or defects

Division 3 - Meetings of association committee

  • 43 Meetings must be convened on certain requests
  • 44 Meeting procedures and voting

Division 4 - Office holders

  • 45 Association committee to appoint officers
  • 46 Functions of chairperson of association
  • 47 Functions of secretary of association
  • 48 Functions of treasurer of association
  • 49 Vacation of office by officer
  • 50 Payment of officers of association
  • 51 Original owner to exercise officers' functions before appointment of officers
  • 52 Tribunal may order meeting if no officers or association committee

PART 4 - MANAGING AGENTS AND FACILITIES MANAGERS

Division 1 - Appointment of managing agent

  • 53 Appointment of managing agents
  • 54 Term of appointment of managing agents
  • 55 Transfer of functions of managing agent

Division 2 - Functions of managing agent

  • 56 Association may delegate functions to managing agent
  • 57 Exercise of delegated functions by managing agent
  • 58 Functions of officers and association committee may be given to managing agent
  • 59 Managing agent to record exercise of functions
  • 60 Exercise of functions of managing agent appointed by Tribunal
  • 61 Breaches by managing agent

Division 3 - Accountability of managing agent

  • 62 Managing agent may be required to provide information about trust account and other accounts
  • 63 Provision of information about money received and other transactions
  • 64 Disclosure of commissions
  • 65 Procedure for requiring information from managing agent
  • 66 Offences
  • 67 Responsibility for providing information if a managing agent ceases to hold a licence or dies
  • 68 Exemption for information relating to certain transactions
  • 69 Certain provisions of other Acts requiring agents to provide information not to apply to affairs of association

Division 4 - Facilities managers

  • 70 Facilities managers
  • 71 Appointment of facilities managers
  • 72 Term of appointment of facilities managers
  • 73 Transfer of functions of facilities manager
  • 74 Functions of facilities manager

Division 5 - General

  • 75 Interests must be disclosed by potential managing agents or facilities managers
  • 76 Managing agent and facilities manager agreements may be terminated or varied by Tribunal

PART 5 - FINANCIAL MANAGEMENT

Division 1 - Funds and accounts of associations

  • 77 Administrative fund
  • 78 Capital works fund
  • 79 Investment of money in administrative fund or capital works fund
  • 80 Use of administrative fund or capital works fund for purposes of other fund
  • 81 Distribution of surplus money in administrative fund or capital works fund
  • 82 Accounts of association

Division 2 - Contributions by members

  • 83 Estimates to be prepared of contributions to administrative and capital works funds
  • 84 Association to set contributions to administrative and capital works funds
  • 85 Contributions payable by members of community and precinct associations
  • 86 Contributions payable by members of neighbourhood schemes
  • 87 Individual contributions may be larger if greater insurance costs
  • 88 Levying of contributions
  • 89 Liability of persons other than members for contributions
  • 90 Interest, discounts on contributions and payment plans
  • 91 Recovery of unpaid contributions and interest
  • 92 Orders varying contributions or payment methods
  • 93 Effect of order varying contributions where payments have been made
  • 94 Order requiring original owner to pay compensation for inadequate estimates and levies
  • 95 Contributions for legal costs awarded in proceedings between members and association

Division 3 - Financial statements

  • 96 Association must prepare financial statements and statements of key financial information
  • 97 Requirements for financial statements
  • 98 Statement of key financial information
  • 99 Auditing of accounts and financial statements

Division 4 - Accounting records

  • 100 Accounting records must be kept by association
  • 101 Receipts
  • 102 Transaction records
  • 103 Levy register

Division 5 - Financial functions generally

  • 104 Power to borrow money
  • 105 Persons who can exercise functions relating to the finances and accounts of the association
  • 106 Legal services to be approved by general meeting
  • 107 Restrictions on payment of expenses incurred in Tribunal proceedings
  • 108 Disclosure of matters relating to legal costs

PART 6 - PROPERTY MANAGEMENT

Division 1 - Association property

  • 109 Duty of association to maintain and repair property
  • 110 Control and management of access ways and other property
  • 111 Use of association property for commercial purposes
  • 112 Open and private access ways
  • 113 Payments to or by association in relation to association property
  • 114 Carrying out of work on association property by developer
  • 115 Initial maintenance schedule must be prepared
  • 116 Mail
  • 117 Powers to deal with property

Division 2 - Powers of associations

  • 118 Association may carry out work required to be carried out by others
  • 119 Powers of entry of association
  • 120 Orders by Tribunal relating to entry to carry out work

Division 3 - Amenities or services

  • 121 Provision of amenities or services
  • 122 Termination of certain agreements

Division 4 - Orders about property

  • 123 Rectification where work done by owner or occupier

Division 5 - Service agreements and sustainability infrastructure

PART 7 - MANAGEMENT STATEMENTS AND BY-LAWS FOR ASSOCIATIONS

Division 1 - Interpretation

Division 2 - Management statements

  • 127 Binding effect of management statement
  • 128 By-laws that may be included in management statements
  • 129 Occupancy limits
  • 130 Restrictions on by-laws for association schemes
  • 131 Procedure for amending management statement
  • 132 Lessee to comply with management statement
  • 133 Lessor to provide copy of management statement

Division 3 - By-laws conferring rights over association property

Division 4 - Enforcement of by-laws

  • 137 Notice by association to owner or occupier
  • 138 Civil penalty for breach of by-laws

Division 5 - Orders about management statements

  • 139 Order by Tribunal relating to variation of management statement
  • 140 Order by Tribunal revoking invalid part of management statement
  • 141 Order affecting association property
  • 142 Effect of orders

PART 8 - OBLIGATIONS OF OWNERS, OCCUPIERS AND OTHERS RELATING TO LOTS

Division 1 - Obligations relating to lots

  • 143 Owners, occupiers and other persons not to interfere with support or shelter provided by lot, services or access ways
  • 144 Owners, occupiers and other persons not to create nuisance

Division 2 - Agents for owners

  • 145 Definition
  • 146 Appointment of agents by corporations to exercise functions in relation to lots
  • 147 Owner may appoint agent if not able to deal with notices

PART 9 - INSURANCE

Division 1 - Association insurance obligations

  • 148 Association to insure buildings and structures on association property
  • 149 Requirements for damage policy
  • 150 Valuations to be obtained for the purposes of insurance
  • 151 Use of insurance money by association
  • 152 Other mandatory insurance requirements for association
  • 153 Association may take out other insurance
  • 154 Managing agent to obtain insurance quotations

Division 2 - Insurance claims and other matters affecting insurance

  • 155 Part does not limit owner's insurance rights
  • 156 Insurable interests
  • 157 Insurance claim where owner at fault
  • 158 Action against association by member

Division 3 - Orders about insurance

  • 159 Exemption by Tribunal from building insurance requirements
  • 160 Effect of exemption from building insurance requirements
  • 161 Order to make or pursue insurance claim
  • 162 Orders requiring damage policy

PART 10 - RECORDS AND INFORMATION ABOUT ASSOCIATION SCHEMES

Division 1 - Association roll and other records

  • 163 Definition
  • 164 Form of records
  • 165 Association must prepare association roll
  • 166 Association rolls for community associations and precinct associations
  • 167 Sources of information for association roll
  • 168 Notices and orders served on association
  • 169 Retention of records for prescribed period
  • 170 Association may require certain persons to produce records, accounts and property of association

Division 2 - Provision of information about schemes

  • 171 Requests of inspection of records and certificates about associations
  • 172 Inspection of records
  • 173 Inspection of association documents
  • 174 Certificate by association as to financial and other matters relating to lot
  • 175 Association information certificate is evidence of matters stated in it

Division 3 - Orders about association roll and records

  • 176 Order confirming information for association roll
  • 177 Order to supply information or documents

PART 11 - DISPUTES AND TRIBUNAL POWERS

Division 1 - Internal dispute resolution

  • 178 Internal dispute resolution procedures for schemes

Division 2 - Alternative dispute resolution by Secretary

  • 179 Definitions
  • 180 Matters that may be subject to mediation
  • 181 Representation of parties
  • 182 Privilege
  • 183 Evidence of mediation sessions not admissible
  • 184 Confidentiality
  • 185 Exoneration from liability for mediators
  • 186 Effect of Division on other agreements or arrangements

Division 3 - Procedures for applications to Tribunal

  • 187 Interested persons
  • 188 Certain applications cannot be accepted without prior mediation
  • 189 Notice of applications to Tribunal

Division 4 - Orders that may be made by Tribunal

  • 190 General order-making power of Tribunal
  • 191 Agreements and arrangements arising from mediation sessions
  • 192 Interim orders
  • 193 Orders to settle disputes or rectify complaints
  • 194 Order replacing schedule of unit entitlements
  • 195 Order with respect to restricted property
  • 196 Orders for appointment of managing agent
  • 197 Orders relating to association committee and officers

Division 5 - General provisions relating to Tribunal powers and orders

  • 198 Title to land
  • 199 Tribunal may make order of another kind
  • 200 Other matters for which Tribunal may provide
  • 201 Dismissal of application on certain grounds
  • 202 Copies of orders
  • 203 Tribunal to be provided with association report and inspections
  • 204 Resolution purporting to alter effect of order
  • 205 Recording in Register of effect of certain orders
  • 206 Changes to Register after orders replacing unit entitlements
  • 207 Civil penalties for contravention of orders
  • 208 Recovery of unpaid civil penalty

PART 12 - OFFENCES AND PENALTIES

Division 1 - Offences and enforcement

  • 209 Investigations by Secretary
  • 210 Penalty notices
  • 211 Nature of proceedings
  • 212 Proof of reasonable excuse

Division 2 - Other proceedings

  • 213 Other rights and remedies not affected by this Act
  • 214 Costs in proceedings between association and members
  • 215 Association may represent members in certain proceedings
  • 216 Structural defects--proceedings as agent

PART 13 - MISCELLANEOUS

  • 217 Functions of Secretary
  • 218 Delegation by Secretary
  • 219 Tenancy notice to be given
  • 220 Notice to be given to association of mortgagee taking possession of lot
  • 221 Notices relating to subsidiary body
  • 222 Personal liability of officers and association committee members
  • 223 Value of interests of members of an association
  • 224 Address for service
  • 225 Service of documents on association
  • 226 Service of documents by certain persons
  • 227 Service of documents
  • 228 Change of association's address for service
  • 229 Dividing fences
  • 230 Powers of entry by public authority
  • 231 Notices under Real Property Act 1900 to association taken to be notices to owners
  • 232 Contracting out prohibited
  • 233 Regulations
  • 234 Persons who may keep seals of associations
  • 235 Affixing of seal of association
  • 236 Act to bind Crown
  • 237 Repeals
    • 238. (Repealed)

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