community-titled-property

Community Land Development and Management Bills 2021

Reforms to Community Title Legislation

The Community Land Management Bill (CLM) and Community Land Development Bill (CLD) has finally passed both houses and are now awaiting assent.

The bills propose to repeal the Community Land Management Act 1989 and the Community Land Development Act 1989 to modernise and update the community schemes laws.

The reforms will also align the community schemes legislation with the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 for consistency while accounting for any differences between strata and community title.

It is expected that the changes will commence in September 2021.

Some key changes to the CLM Bill include:

  • increase penalties for by-law breaches
  • promote compliance by managing agents by including strict liability offences
  • impose restrictions on “harsh, unconscionable or oppressive” by-laws
  • provide a framework for the resolution of disputes.

Some key changes to the CLD Bill include:

  • remove restrictions on associations and owners from purchasing adjoining land outside of the community, precinct or neighbourhood scheme
  • simplify the amalgamation process for subsidiary precinct and neighbourhood schemes with parent community schemes
  • allow the use of special resolutions to add land to the Schemes, subdivide association property, or transfer association property.
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