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Community Title Subdivision will soon be easier

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Large community title subdivisions have previously been difficult to achieve.  On many occasions, developers have needed unanimous resolutions from the Community Association to complete the development.


The Community Title Legislation is about to be amended to allow a developer to carry out multi-staged community title subdivisions without requiring any consent from the Community Association.  If it was not for the government’s (understandable) focus on COVID issues, the new Community Legislation would already be in place.

NSW Parliament’s Lower House has already passed the new legislation and the next few months the Upper House should also pass the legislation.  Under the new Community Title regime, it will be possible to carry out a staged community title subdivision similar to how a staged strata subdivision / development is done. 

This means that a developer of a staged community subdivision will not have to obtain the Community Association’s consent to do any of the following:

  • Create additional association property.
  • Create an easement over association property.
  • Create an easement in favour of the Community Association.
  • Add adjoining land to the Community Scheme.
  • Add by-laws to the Community Management Statement.

Monteath & Powys are experts in community title subdivisions.  Over the past 30 years we have been involved in many such subdivisions with the largest being a 900 lot residential community title subdivision at Fern Bay north of Newcastle.  We are very familiar with the new legislation and can provide you with valuable assistance in planning your development to be using the long awaited reforms to the legislation.