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Community Titles

The law concerning community titles is contained in the Community Titles Act 1996 (SA), the Community Titles Regulations 2011 (SA) and the common law. All references to legislation and regulations in this section are to these documents, unless otherwise stated.

Changes to the Community Titles Act 1996 (SA) came into effect from 28 October 2013. To see a summary of the changes, see the Attorney-General's Department http://www.agd.sa.gov.au/community-and-strata-titles-legislation

There are two types of community titles available depending on the nature of the scheme:

  • Community Schemes and
  • Community Strata Schemes.

Regardless of the type of community title, both divide land to create lots and common property in a similar manner to strata titles. Each plan must divide the land to create at least two lots and common property.

Unlike a strata title, a scheme may include a development lot, retained by the developer, for later division into further lots within the scheme.

Community Schemes

In a community scheme lot boundaries generally do not relate to a structure, but are determined by surveyed land measurements and are unlimited in height and depth, unless otherwise specified on the plan. Unlike a strata scheme the owner is therefore responsible for the maintenance and insurance of any structures on that lot, and has no obligation for maintenance of other lot owners' buildings.

Community Strata Schemes

In a community strata scheme the lot boundaries must be defined by reference to parts of the building, similar to a strata title. There must be at least one lot that exists above another, unless the scheme was previously a strata scheme under the Strata Titles Act 1988 and has converted by resolution to the Community Titles Act 1996 (SA). The structure itself is common property and it is therefore the responsibility of the corporation to maintain and insure it.

Small schemes  :  Last Revised: Fri Nov 7th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.