New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 209

209 Recording in Register of effect of certain orders

(1) The Registrar-General must make such recordings in the Register with respect to an order under this Act as appear to the Registrar-General to be necessary or proper to give effect to the order if:

(a) a copy of the order, certified by the Registrar as a true copy, has been lodged in the office of the Registrar-General, and

(b) the prescribed fee has been paid.

(2) A certificate of title comprising the common property for a strata scheme is, for the purposes of Part 15 of the Real Property Act 1900 , taken to be wrongfully retained if a copy of an order has been lodged as referred to in subsection (1) and the owners corporation:

(a) has not, within a period of 21 days after notice in writing served on it by the person lodging the copy of the order, lodged the certificate of title, or

(b) has not, within that period, made application under section 111 of the Real Property Act 1900 or does not duly prosecute that application.

(3) The Registrar-General must, on lodgment under subsection (1) of a copy of an order under section 183, amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which the order relates, to the extent necessary to give effect to the order.

(4) The Registrar-General must, on lodgment in the Registrar-General’s office of a copy of an order made by a superior court with respect to an order under section 183 that is certified by the appropriate officer of that court to be a true copy, amend the schedule of unit entitlement recorded in the folio of the Register comprising the common property to which that order relates to the extent necessary to give effect to that order.

(5) The Registrar-General may refuse to make recordings in the Register under this section with respect to a copy of an order unless the copy is accompanied by the certificate of title comprising the common property or evidence to the satisfaction of the Registrar-General of the service of the notice referred to in subsection (2) (a).