SUBDIVISION ACT 1988 - SECT 32AI Consolidation, subdivision or alteration

SUBDIVISION ACT 1988 - SECT 32AI

S. 32AI(1) amended by No. 6/2008 s. 37(3), substituted by No. 80/2009 s. 101.

    (1)     Despite section 32, the owner or owners of a lot or lots affected by an owners corporation on a registered plan may proceed under this subsection to consolidate, subdivide or alter the lot or lots owned if the consolidation, subdivision or alteration—

        (a)     subject to subsection (1A), does not alter the boundaries or area of existing common property; and

        (b)     does not alter the boundaries or lot entitlement or liability of lots not being consolidated, subdivided or altered; and

        (c)     does not add an area of land that is more than 10% or, if another percentage is prescribed, that prescribed percentage, of the area of the land in the lot or lots to be consolidated, subdivided or altered to the land affected by the owners corporation.

S. 32AI(1A) inserted by No. 80/2009 s. 101.

    (1A)     A consolidation, subdivision or alteration under subsection (1) may provide for the addition of new common property if—

        (a)     a new limited owners corporation is created in respect of that common property; and

        (b)     the new limited owners corporation is comprised solely of the lot owners who are parties to the consolidation, subdivision or alteration.

    (2)     If an owner proceeds under subsection (1), the owner must submit for certification and lodge for registration a plan showing the changes to be made to the registered plan.

    (3)     Consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan.

    (4)     Despite section 24, on the registration of a plan under this section, the Registrar may, if appropriate—

        (a)     create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or

        (b)     create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property.

S. 32AJ

inserted by No. 69/2006 s. 211.