COMMUNITY TITLE SCHEMES INTRODUCTION GENERAL CTS and property uses Often used in relation to: · Master planned communities · Town houses · Unit/apartments complexes · Holiday units · Office buildings · Commercial buildings · Mixed use buildings Does NOT extend to retirement villages - this is regulated elsewhere Legislation Legislation provides for the subdivision of land or a building into separate lots and common property and for the creation of an indefeasible title for each LTA pt 6A Body Corporate and Community Management Act 1997 (Qld) Establishment and management of CTS BCCMA NB - change to new developments in mid-2017 - LGA approval and town planning Planning Act 2016 (Qld) Regulations A CTS has only one regulation module applying at a time BCCMA s 21(5) Standard Module - intended for residential units, but it may also be appropriate for other types of schemes see BCCMA s 21; BCCMR r 3(2) Accommodation Regulation Module - this may be used where the units are intended to be used predominantly for letting for residential purposes (both LT and ST) - eg holiday letting BCCMR r 3 Commercial Regulation Module - intended for offices, shops and industrial uses BCCMR r 3 Small Schemes Module - this may be adopted for schemes with <= 6 lots and where there is no letting agent for the scheme pg. 1
BCCMR r 3 Specified Two-Lot Schemes Module - ie residential duplexes - only adopted where 2 lots included in the scheme to be used as residential lots Regulation of CTS LTA / BCCMA: . Procedure for establishing CTS · High level governance · Dispute resolution · Rights and obligations of all parties Module: · 'Type' CTA specific . Day to day governance · Works with BCCMA · Applies if stated in CMS to apply By-laws: . Contained within CTA Community Management Statement · Day to day governance · Applies if in specific CMS TERMINOLOGY / REGISTRATION CTS - scheme land and a community management statement BCCMA s 10 Scheme land - creation of 2 or more lots with common property BCCMA s 10(2) CTS will be established on the registration of the appropriate plan of subdivision and the recording by the registrar of the first community management statement for the scheme BCCMA s 24 A body corporate will come into existence BCCMA s 30 Only applies over freehold land - does not extend to retirement village LTA s 115A(2) Lot - defined as separate distinct parcel of land and includes a lot under the BCCMA (ie unit / townhouse) LTA sch 2 COMMON PROPERTY pg. 2
Common property is land in the CTA which is not comprised in any lot (eg foyers, stairways, driveway) BCCMA s 10(2) Common property is specific to one CTS only LTA s 115B(3) Common property is owned jointly by the owners of lots, as tenants in common, in shares which are proportional to their interest schedule lot entitlement BCCMA s 35(1) A conveyance of a lot will automatically pass the relevant lot