New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 19

19 Acquisition of additional common property

(1) In this section, "land" means land under the Real Property Act 1900 (other than land comprised in a qualified or limited folio of the Register or a perpetual lease from the Crown) but does not include a leasehold interest in land evidenced by a lease not registered under that Act.

(2) A body corporate may, pursuant to a special resolution, accept a transfer or lease of land, not being a lot within the parcel, which is contiguous to the parcel but which is not subject to a mortgage, charge or writ, for the purpose of creating, or creating additional, common property and upon so doing shall forthwith cause the dealing evidencing the transaction to be registered under the Real Property Act 1900 .

(2A) Subsection (2) does not authorise acceptance of a transfer by the body corporate under a strata scheme that is part of a community scheme under the Community Land Development Act 1989 .

(3) The Registrar-General may refuse to register under the Real Property Act 1900 , a transfer or lease referred to in subsection (2), if:

(a) it is not accompanied by:

(i) the certificate of title or Crown grant comprising the land described in the transfer or lease, and

(ii) the certificate of title comprising the common property,

(b) it is not accompanied by a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the transfer or lease was a special resolution, or

(c) in the case of a transfer, other than a transfer of a lease, where any land (in this paragraph referred to as "the original parcel") comprised in the parcel before the registration of the transfer was held in fee simple and is contiguous to the land comprised in the transfer there has not been lodged in the office of the Registrar-General for registration under the Conveyancing Act 1919 , a plan showing as a single lot the land comprised in the transfer and the original parcel.

(4) Upon the registration under the Real Property Act 1900 of any such transfer, other than a transfer of a lease:

(a) the land comprised therein becomes common property and is subject to the provisions of this Act and the Strata Schemes Management Act 1996 relating to common property, and

(b) the Registrar-General shall make in the Register such recordings with respect to the land that becomes common property as he considers appropriate.

(5) Upon the registration under the Real Property Act 1900 of any such lease, transfer of a lease or sub-lease:

(a) the leasehold interest becomes common property and thereupon is subject to such of the provisions of this Act and the Strata Schemes Management Act 1996 relating to common property as are applicable to a leasehold interest,

(b) the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sub-lease, as the case may be, and

(c) the Registrar-General shall make in the Register such recordings with respect to the leasehold interest that becomes common property as he considers appropriate.

(6) A body corporate may, pursuant to a special resolution and with the concurrence of the lessor, surrender a lease accepted by it under this section.

(7) Upon the registration under the Real Property Act 1900 of any such surrender the Registrar-General shall make in the Register such recordings with respect to the surrender as he considers appropriate.