This guide is produced by the Western Australian Land Information Authority (Landgate) to provide the community with a basic understanding of community titling principles. It is a general information source only; it is not legal advice and should not be taken as legal advice on community titles. You should refer to the legislation available on the WA government legislation website www.legislation.wa.gov.au
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1. Amendment of scheme by-laws
Once scheme by-laws have been registered, further scheme by-laws may be made, amended or repealed. See CTS-07 Registration of community titles schemes for registration of such amendments to registered scheme by-laws.
2. Amendment of scheme notice
The name of the community corporation, the address for service of notices of the community corporation and the electronic address for service of the community corporation (an optional additional address) is shown on the Scheme notice and will be endorsed on the Record of community titles scheme in the scheme plan.
A community corporation may:
- by special resolution and with the approval of the Registrar of Titles, change the name of the community corporation;
- by ordinary resolution, change the community corporation’s address and electronic address for service of notice.
The change takes effect from the registration of the change by the Registrar of Titles.
To effect this type of amendment, the following documents must be lodged.
2.1. Change of name
Form to use: Scheme notice:
- Accompanied by Certificate of community corporation – Change of community corporation name and/or address for service.
2.2. Change of address for service of the community corporation
Form to use: Scheme notice:
- Accompanied by Certificate of community corporation – Change of community corporation name and/or address for service.
3. Amendment of schedule of unit entitlements
The schedule of unit entitlements for a community titles scheme allocates a whole number (unit entitlement) to each lot in the scheme and states the number that is the sum of the unit entitlements of all lots in the scheme. For further information, refer to CTS-05 Schedule of Unit Entitlements.
Upon the registration of an amended schedule of unit entitlements under section 42 of the Act, the amended share of a lot owner in the common property is deemed to be subject to any pre-existing encumbrances registered or caveats lodged against their lot.
Registration is effected by the Registrar of Titles recording the amendment of schedule of unit entitlements on the Record of community titles scheme in the scheme plan.
To effect this type of amendment, the following documents must be lodged.
3.1. Amendment authorised by the community corporation
A community corporation may, by special resolution, amend the schedule of unit entitlements. The change takes effect from the registration of the amendment by the Registrar of Titles.
Form to use: General Application:
- Made by the community corporation;
- Accompanied by a Certificate of community corporation – Schedule of unit entitlements / leases / easements / restrictive covenants;
- attaching a copy of the electronic version of the Schedule of unit entitlements that is to be lodged at Landgate (see next dot point) – this copy is to be executed by the community corporation; and
- A Schedule of unit entitlements from a licensed valuer. This is to be lodged electronically via the Plan Lodgement Portal by the surveyor or by email to plans.consultants@landgate.wa.gov.au (contact your valuer).
- No further written consents are required.
3.2. Amendment authorised by order of the tribunal
A proprietor of a lot, registered mortgagee or the community corporation, may apply to the State Administrative Tribunal (SAT) to amend the schedule of unit entitlements in the community titles scheme.
Form to use: General Application:
- Made by the applicant; and
- Accompanied by the SAT Order.
- No further written consents are required.
4. Amendment of community development statement
See guide CTS-07 Registration of community titles schemes for registration of subsequent amendments at Landgate after registration of the community development statement with the Tier 1 Scheme. Also see guide CTS-02 Planning and Development for further details.
5. Amendment of scheme plan – Imposition, variation or revocation of a restricted use condition (section 40(1)(d) of the Act)
A scheme plan lodged for registration may create a legally binding restriction as to the use to which the parcel or part of the parcel may be put. This is achieved by an endorsement on the plan that delineates the area or space affected and describes the restriction on use.
Where a scheme plan has been registered without any restriction as to use, the plan may be amended to restrict the use to which the parcel or part of the parcel may be put. In this case, an amendment of scheme plan is lodged to impose the restriction on use.
A restriction that has been endorsed on a scheme plan on registration of the scheme plan or by an amendment of scheme plan, may be varied or revoked.
A community corporation may, by special resolution, impose, vary or revoke a restricted use condition.
To effect this type of amendment, the following documents must be lodged.
Form to use: Application to amend community titles scheme – Amendment of scheme plan – Restricted use condition:
- Made by the community corporation;
- Accompanied by the written consent of the Western Australian Planning Commission;
- Interest Only Deposited Plan, if applicable.
6. Lease of a lot within or land contiguous to scheme land
6.1. Acceptance of lease
See guide LEA-01 Leases of Land for further details.
6.2. Surrender of lease
See guide LEA-03 Leases of Land – removal for further details.
7. Lease over common property
As this type of lease is not considered an amendment of a community titles scheme, please see Land Titles Policy and Policy Guide LEA-01 Leases of Land for further details.