Community Titles Act 1996 (SA)

South Australia

Community Titles Act 1996

An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Community Titles Act 1996.

1. (1)

   In this Act, unless the contrary intention appears—

allotment means land registered under the Real Property Act 1886 that comprises an allotment defined by Part 19AB of that Act;

annual general meeting means a general meeting of a community corporation that is held in compliance with section 82;

associate—see section 4;

body corporate manager—see section 78B;

building includes a fixed structure;

business day means any day except Saturday, Sunday or a public holiday;

by-laws—see Part 5;

ceiling includes a false or suspended ceiling;

community corporation means a corporation established when a plan of community division is deposited in the Lands Titles Registration Office;

community lot—see section 6;

community parcel means the land divided by a plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;

community plan—see plan of community division;

community scheme—see scheme of community division;

council means a municipal council or a district council;

deposited in relation to a plan of community division means deposited in the Lands Titles Registration Office by the Registrar-General;

developer in relation to a community scheme means the person who was the registered proprietor of the land comprising the community parcel immediately before the plan of community division was deposited in the Lands Titles Registration Office;

development lot—see section 8;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

encumbrance includes—

1. (a)

   a life estate or a lease;

2. (b)

   a mortgage or charge;

3. (c)

   a claim or lien;

4. (d)

   an easement;

5. (e)

   a caveat;

6. (f)

   a statutory encumbrance;

ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;

fence includes a gate;

first statutory general meeting means a meeting required to be convened in accordance with section 79 (and if more than 1 meeting is convened during the period of 3 months referred to in that section, the first of those meetings);

floor includes a stairway or ramp;

holder of a statutory encumbrance means—

1. (a)

   in relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or

2. (b)

   in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;

land valuer means a person who lawfully carries…