New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 23

23 Folio where there is common property

(1) In any folio of the Register for common property it shall be sufficient that the land therein comprised be described as the common property in a designated strata plan without definition of its area or dimensions, and a folio of the Register comprising common property shall be construed as certifying title to the common property, other than common property the subject of a lease accepted or acquired under section 19, in the strata scheme concerned as that common property may exist from time to time.

(2) When creating a folio of the Register for common property the Registrar-General shall record therein, in such manner as he thinks fit:

(a) the name of the body corporate,

(b) the address for service of notices on the body corporate,

(c) the schedule of unit entitlement in force in respect of the strata scheme concerned, and

(d) any easement benefiting or burdening the parcel, any restriction on the use of land or positive covenant burdening the parcel and any right of exclusive use and enjoyment, or any privilege, created by a by-law of the kind to which Division 4 of Part 5 of Chapter 2 of the Strata Schemes Management Act 1996 applies,

and shall, subsequently, in that folio:

(e) record any change from time to time in the address for service of notices on the body corporate, evidenced by a notice prepared and lodged in accordance with section 239 of the Strata Schemes Management Act 1996 ,

(f) record particulars of any amendment, addition or repeal of or to the by-laws from time to time in force notification of which has been lodged in accordance with section 48 of the Strata Schemes Management Act 1996 , and

(g) make any other recording which, by or under this or any other Act, he is required or authorised to make in the folio.

(3) Notwithstanding the provisions of the Real Property Act 1900 , the Registrar-General shall not record any easement of the description contained in section 26 (1) (a) or (b), any easement acquired by resumption to the extent that it affects common property or any restriction on the use of land or positive covenant of the description contained in section 26 (1) (a) (whether or not the easement, restriction or positive covenant was created after the commencement of this Act or under section 26 (1)) in the folio of the Register comprising a lot the subject of the strata scheme concerned but shall record the easement, restriction or positive covenant in the folio of the Register comprising the common property, and any such easement, restriction or positive covenant shall affect any such lot to the extent that it is capable of affecting that lot and as if it were recorded by the Registrar-General in the folio of the Register comprising that lot.

(4) Notwithstanding any provision of the Real Property Act 1900 , the Registrar-General shall not record any mortgage, charge, covenant charge or writ in the folio of the Register comprising the common property but any such mortgage, charge, covenant charge or writ recorded in the folio of the Register comprising a lot the subject of the strata scheme concerned affects the beneficial interest of the proprietor of that lot in the estate or interest in the common property held by the body corporate as agent for that proprietor in the same way as if that mortgage, charge, covenant charge or writ were recorded by the Registrar-General in the folio of the Register comprising that common property.