New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 13

13 Conversion of lots into common property

(1) One or more lots may be converted into common property by the registration, as a notice of conversion, of a notice in the form approved under the Real Property Act 1900 , being a notice executed by the proprietor or proprietors of that lot or those lots and by the body corporate.

(2) A notice shall not be registered as a notice of conversion unless:

(a) it is accompanied by a strata certificate in respect of the lot or lots to which it relates given by the local council in accordance with section 37 (5) or by an accredited certifier in accordance with section 37A (6),

(b) in the circumstances set out in subsection (3A)-it is accompanied by:

(i) a certificate under the seal of the body corporate certifying that the certificate referred to in paragraph (a) was given after the expiration of the initial period, or

(ii) a certified or office copy of the minute of an order made under section 182 of the Strata Schemes Management Act 1996 authorising the registration of the notice, and

(c) every mortgage, charge, covenant charge, current lease, caveat or writ recorded in the folio of the Register comprising the lot, or each lot, to which the notice relates has, in so far as it affects any such lot, been discharged or surrendered, or withdrawn or otherwise disposed of, as the case may be.

(3) Subsections (2) (a) and (2) (b) do not apply to or in respect of a notice lodged for registration as a notice of conversion by a person or body who or which, but for section 3, would not be bound by this Act.

(3A) A notice is required to be accompanied by a certificate or certified or office copy if:

(a) the land to which the notice relates is held by the original proprietor (not being an original proprietor who holds all lots in the strata scheme concerned), and

(b) a certificate under subsection (2) (b) or section 9 (3) (d) or 28 (4) (b) has not previously been lodged in the office of the Registrar-General.