Community Titles Act 2018 (Act No. 3 of 2018).

This Act provides for a form of subdivision of land referred to as subdivision by a community scheme and sets out requirements for that form of subdivision. Relevant planning approvals must be obtained under the Planning and Development Act 2005 for the subdivision of land by a community scheme. Each community titles scheme comprised in a community scheme is to be incorporated in the Register, and certificates of title for lots in the scheme are to be created for community titles, under the Transfer of Land Act 1893. Consequently, this Act must be read together with the Planning and Development Act 2005 and the Transfer of Land Act 1893 to gain a proper understanding of the legislative framework for the subdivision of land by a community scheme. This Act also contains provisions about the governance and operation of community schemes and about scheme managers.
Land may be subdivided by a community scheme if — (a) it comprises the whole of a parcel of land; and (b) (c) the parcel of land is freehold land held in fee simple and comprised in a single certificate of title under the Transfer of Land Act 1893; and the parcel of land is not already subdivided by a strata titles scheme under the Strata Titles Act 1985; and (d) the parcel of land is not a caravan park or camping ground within the meanings given in the Caravan Parks and Camping Grounds Act 1995. A community scheme can be comprised of up to, but not more than, 3 tiers of community titles schemes.
The Act is structured into 14 parts covering: Preliminary Information: Definitions, commencement details, and key terminology. Community Schemes: Legislative framework, tiers of schemes, subdivision of land, registration processes, and community corporations. Planning and Development: Planning requirements, approvals, and amendments relevant to community schemes. Scheme Documents: Notice, plans, by-laws, and entitlements related to community schemes. Registration and Land Titles: Processes for registering schemes and easements, rates, taxes, and charges. Original Subdivision Owner: First statutory meetings and responsibilities of original subdivision owners. Lot Owners and Occupiers: Rights, insurance, and use of lots. Community Corporation: Functions, records, voting procedures, financial management, and governance. Scheme Managers: Roles, responsibilities, contracts, and audits. Protection of Buyers: Information disclosure requirements and rights of buyers.