Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 31A

Dealings in common property

31A. Dealings in common property



(1) The share in the common property of a member of an owners corporation
cannot be dealt with except-

   (a)  as part of a dealing with the member's lot; or

   (b)  under Division 3 or section 32A; or

   (c)  by the owners corporation, in accordance with the regulations.

(2) A dealing, encumbrance or notification affecting a lot operates as a
dealing, encumbrance or notification affecting the lot owner's share in the
common property, even though that share is not mentioned in any document
giving effect to the dealing, encumbrance or notification affecting the lot.

(3) The Registrar may only record on the folio of the Register for common
property anything affecting the common property only and not the lots.

(4) A recording made on the folio of the Register for a lot operates in
relation to the owner's interest in the common property as if it were also a
recording made in relation to that interest on the folio for the common
property.

Division 3-Alteration of a subdivision