Community title scheme advice
We advise owners, purchasers, and community corporations on community title schemes.
What is a community title scheme and how does it work?
A community title scheme is a form of property development that divides land into lots and common property managed by a community corporation. The scheme is established and governed by state legislation, including the Community Land Management Act 2021 (NSW) and the Community Land Development Act 2021 (NSW) in New South Wales, and the Community Titles Act 1996 (SA) in South Australia, with comparable legislation operating in other states and territories. Each lot owner is automatically a member of the community corporation and is bound by the corporation’s by-laws, which govern the use of lots and common property and the conduct of owners and their occupants. The community corporation raises levies from lot owners to fund the administration and maintenance of the scheme, including insurance and management of common areas. Disputes between lot owners or between owners and the community corporation may be resolved through the corporation’s internal procedures, mediation, or the courts. We advise on community title scheme issues including levy disputes, by-law interpretation and enforcement, lot owner rights, and scheme management obligations.
Can the community corporation enforce its by-laws against me?
The community corporation has the authority to enforce the by-laws of the scheme against lot owners and their occupants, with the specific enforcement framework set out in the legislation governing the scheme in your state. Enforcement can include serving notices, seeking orders, or applying to the courts for remedies if a lot owner does not comply. We advise on by-law compliance and enforcement, and on the options available to lot owners who dispute a by-law or the corporation’s enforcement action.
What can I do if the community corporation is not maintaining common property?
The community corporation is responsible for maintaining common property within the scheme under the applicable legislation. A failure to do so can affect the amenity and value of individual lots. If the corporation is not meeting its maintenance obligations, a lot owner can raise the matter at a corporation meeting, seek mediation, or apply to the court for an order. We advise lot owners on the steps available when the corporation is not performing its maintenance obligations.
What are community title levies and can they be disputed?
Community title levies are contributions set by the community corporation to fund the administration and maintenance of the scheme, including insurance, repairs, and management costs. If you dispute the amount of a levy or the basis on which it has been set, you can raise the matter at a corporation meeting or challenge it through the appropriate legal process under the legislation in your state. We advise on levy disputes and the options available to lot owners who consider a levy to be unreasonable or incorrectly set.
Can I make alterations to my lot in a community title scheme?
Whether you can make alterations to your lot depends on the by-laws of the scheme and whether the work affects common property or the external appearance of the building. Alterations that affect common property or the exterior of the building will typically require the consent of the community corporation before work begins under the applicable legislation in your state. We advise on what approvals are required for proposed alterations and assist in obtaining corporation consent where needed.
Rights and obligations within the scheme understood before you act.
Levy disputes and common property issues addressed through the correct process.
Alteration approvals managed so work does not create a dispute.
Community title schemes operate on rules and decisions that can affect your property directly.
In a community title scheme, the corporation's decisions affect your property whether you are involved in making them or not.
- We will advise on the by-laws of the scheme and what they require of you as a lot owner.
- We will advise on levy obligations and the process for disputing a levy if it appears incorrectly set.
- We will advise on common property maintenance obligations and the steps available if the corporation is not performing them.
- We will advise on alteration approvals and assist in obtaining corporation consent where required.
You want to enjoy your community title property on your own terms, but the corporation's rules and decisions can limit what you can do with your lot.
What's included in your community title scheme service
- By-law interpretation and compliance advice.
- Levy obligation and dispute advice.
- Common property maintenance rights and remedies.
- Alteration approval and corporation consent assistance.
- Dispute resolution and escalation options.
What goes wrong when community title scheme issues are not addressed properly?
Here is how we help you understand your position and manage scheme issues effectively.
Rights understood, issue identified, process managed correctly.
Review and advise.
We review the by-laws and the scheme's documents to advise on your rights and obligations before you take any steps.
Identify the process.
We identify the most appropriate process for the specific issue and advise on the steps required to address it.
Manage and resolve.
We assist in managing the process through the appropriate channel and advise on options at each stage until the issue is resolved.
Property lawyers experienced in community title schemes, lot owner rights, and scheme management across Australia.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
