CTA Glossary of terms

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The following term is abbreviated on this page:

  • The Community Titles Act 2018 is written as ‘CTA’.

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Belong

In a community scheme, lots and common property belong to the community titles scheme under which they are created. A tier 2 or tier 3 community titles scheme belongs to the scheme that contained the lot that was subdivided to create the community titles scheme. The lot subdivided by a community titles scheme is called a tier parcel.

The concept of belonging between schemes for a community scheme includes:

  • A tier 2 parcel belongs to the tier 1 scheme
  • A tier 2 scheme belongs to the tier 1 scheme to which its tier 2 parcel belongs
  • A tier 3 parcel belongs to the tier 2 scheme under which the lot subdivided to become the tier 3 parcel is created
  • A tier 3 scheme belongs to the tier 2 scheme to which its tier 3 parcel belongs and to the tier 1 scheme to which that tier 2 scheme belongs
  • The tier 1, 2 and 3 schemes that together comprise a community scheme belong to the community scheme.

By-Laws

Are rules established by the community corporation to regulate itself, as allowed or provided for by the CTA. A by-law may prescribe for example, if pets may be kept, or who is required to take responsibility for specific areas of common property.

Common property

The common property in a community titles scheme is any part of the land in the scheme that isn’t part of a lot. It also includes temporary common property.

Section 12 of the CTA outlines what comprises common property, regardless of the tier of the community titles scheme to which the common property belongs.

Community corporation

A body corporate is established on registration of a community titles scheme. It has perpetual succession, is capable of suing and being sued in its own name, and, subject to the CTA, has all the powers of a natural person that are capable of being exercised by a body corporate. A community corporation will exist for each tier 1, tier 2 or tier 3 scheme that exists in the community scheme. For further details please refer to Section 17 of the CTA.

Community Development Statement (CDS)

A document approved as a community development statement by the Planning Commission under Part 3 Division 2 of the CTA.

Community scheme

A community scheme is a new form of subdivision that allows a single parcel of freehold land to be subdivided into no more than three tiers of schemes called community titles schemes. Each scheme within the subdivision is a community titles scheme. It is the collective of community titles schemes that together subdivide a parcel of land that is referred to as a community scheme.

Community Titles (Building) Scheme

A community titles scheme in which lots are defined with upper and lower boundaries as well as lateral boundaries, with at least part of each lot defined by reference to a building shown on the scheme plan. A community titles (building) scheme can exist at any tier level within the community scheme – for further details refer to Section 11(7) of the CTA.

Community Titles (Land) Scheme

A community titles scheme in which lots are defined by reference to an area of land, regardless of whether or not there are buildings on the land. A community titles (land) scheme can exist at any tier level within the community scheme. However a community titles (land) scheme cannot be created from a lot in a community titles (building) scheme – for further details refer to Section 11(8) of the CTA.

Registration of a community titles scheme

Registration of scheme documents to create a community titles scheme that may be a tier 1, tier 2 or tier 3 scheme.

Registration of an amendment of a community titles scheme

Includes but is not limited to an amendment of a scheme plan which modifies a lot or common property or creates or discharges an easement or restrictive covenant that benefits or burdens a lot or common property. This also includes an amendment to give effect to making, repealing or amending a scheme by-law.

Related

A community titles scheme is related to each community titles scheme to which it belongs or that belongs to it. The community corporations of the related schemes are related community corporations.

Scheme documents

Are the documents that are registered and incorporated into the Register under the Transfer of Land Act 1893 to create a community titles scheme. The following documents are the scheme documents for a community titles scheme:

  • scheme notice
  • scheme plan
  • schedule of unit entitlements and
  • scheme by-laws.

For further details refer to Section 15(1) of the CTA.

Scheme member

A scheme member is a term used when referring to the individuals that make up a community corporation.

A member includes community titles scheme lot owners as well as a community corporation/s if the community titles scheme has been subdivided by a subsequent tier.

Scheme plan

The scheme plan registered, or proposed to be registered, for a community titles scheme as a scheme document.

Special resolution

A resolution of a community corporation that requires ¾ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme to vote in favour of the resolution or for a community corporation with only 2 or 3 members, ⅔rds.

Further details on special resolutions can be found in Section 106(7) of the CTA.

Subdivision by a community scheme

A physical division of a parcel of land into 2 or more lots or 2 or more lots and common property.

The act of subdividing land by a community scheme is done either by the registration of a community titles scheme, or by registration of an amendment of a community titles scheme.

Registration of an amendment of a community titles scheme gives effect to a subdivision if it changes the boundaries of a lot that belongs to the scheme or the boundary of a tier parcel that belongs to the scheme or the boundary of the tier parcel of the scheme. For further details refer to Section 14 of the CTA.

Tier parcel

A lot subdivided by a community titles scheme is referred to as a tier parcel. A tier parcel can be a tier 1 parcel, tier 2 parcel or tier 3 parcel.

A parcel of land subdivided by a tier 1 scheme is referred to as a tier 1 parcel, a tier 1 lot subdivided by a tier 2 scheme is referred to as a tier 2 parcel, and a tier 2 lot subdivided by a tier 3 scheme is referred to as a tier 3 parcel.

For further details refer to Section 8(2), 9(2) and 10(2) of the CTA.

Tier 1 scheme

Is the first community titles scheme to be created on a parcel of freehold land and provides the overarching governance for all the tier 2 and tier 3 schemes which will belong to it.

On registration, a tier 1 scheme creates community titles on land so as to:

  • effect the subdivision of a parcel of land into 2 or more lots, or 2 or more lots and common property, and
  • allow for the lots to be owned, sold or otherwise dealt with separately (except for any lots that are subdivided by tier 2 schemes), and
  • require the common property to be administered by the community corporation that comes into existence when the community titles scheme is registered, and
  • limit how the common property may be dealt with.

For further details refer to Section 8 of the CTA.

Tier 2 scheme

Is a scheme that subdivides a tier 1 lot into lots and common property or just lots and belongs to the tier 1 scheme.

On registration, a tier 2 scheme creates community titles on a tier 2 parcel of land so as to:

  • effect the subdivision of a tier 1 lot into 2 or more lots, or 2 or more lots and common property, and
  • allow for the lots to be owned, sold or otherwise dealt with separately (except for any lots that are subdivided by tier 3 schemes), and
  • require the common property to be administered by the community corporation that comes into existence when the community titles scheme is registered, and
  • limit how the common property may be dealt with.

For further details refer to Section 9 of the CTA.

Tier 3 scheme

Is a scheme that subdivides a tier 2 lot into lots and common property or just lots and belongs to both the tier 2 scheme that contained the lot that was subdivided to create the tier 3 scheme and the tier 1 scheme that was created first.

On registration, a tier 3 scheme creates community titles on a tier 3 parcel of land so as to:

  • effect the subdivision of a tier 2 lot into 2 or more lots, or 2 or more lots and common property, and
  • allow for the lots to be owned, sold or otherwise dealt with separately, and
  • require the common property to be administered by the community corporation that comes into existence when the community titles scheme is registered, and
  • limit how the common property may be dealt with.

For further details refer to Section 10 of the CTA.