BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 38
Creating common property by subdivision (no new scheme)
BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 38
Creating common property by subdivision (no new scheme)
(1) This section applies if— (a) a lot included in a community titles scheme
(
"scheme A" ) is subdivided by a plan of subdivision; and
(b) the lots created
under the plan of subdivision become lots in scheme A.
(2) Land in the
subdivided lot that does not become a lot in scheme A could become
common property for scheme A.
(3) However, if the
community management statement for a community titles scheme for which
scheme A is a subsidiary scheme provides that the land is to become
common property for a scheme (the
"higher scheme" ) for which scheme A is a subsidiary scheme, the land could
become common property for the higher scheme.
