NRS-21731 | Deposited Plan – Associated Instruments-Section 88B Instruments, Easements and Covenants

Full description

Upon registration of Deposited Plans, Community Scheme Plans and Strata Plans, other associated instruments or documents are sometimes required to be submitted with the plans under the Conveyancing Act 1919. These include:

1. Section 88B Instruments

2. Management Statements

3. Development Contracts

Community Scheme Plans are a type of deposited plan and are comprised of 3 tiers of management, Community, Precinct and Neighborhood plans. The Community Plan is the primary plan and lots in it may be subdivided by a subsequent Community, Precinct (middle tier) or Neighborhood plan (final tier) in a staged development. Community plans and associated documents are numbered as follows: Community Plans 270,000 to 279,999, Precinct Plans 280,000 to 284,000 and Neighborhood Plans 285,000 to 299,999.

When the plan is lodged it may be accompanied by the submission of any of the above listed associated instruments (1 to 3). These associated documents have been stored together as they cross-reference each other and therefore cannot be fully understood independently.

A Section 88B instrument is optional and may accompany the registration of a Deposited Plan, Community Scheme Plan or Strata Plan.

A Section 88B instrument is a statement of intention pursuant to Section 88B of the Conveyancing Act. It is the part of a Deposited Plan which upon registration:

MANAGEMENT STATEMENT

A Management Statement is a document which sets out all the by-laws necessary for the efficient running of a Community/Neighbourhood scheme and must be lodged with every Community, Precinct or Neighbourhood deposited plan. Some pages of the management statement document may actually be plans illustrating what is outlined in the text of the plan. For practical purposes these extra plans are stored with the main plan that the statement refers to.

The statement is created by virtue of S196E and Schedule 8A of the Conveyancing Act 1919. It sets out a method for managing the building as a whole entity and operates as a deed binding each person who owns part of the building, whether at the time the statement is registered, or in the future.

It establishes a building management committee, the functions of the committee and activities necessary to manage and maintain the building, resolve disputes and the manner in which notices and documents are served as well as provisions for dealing with insurance for the building.

DEVELOPMENT CONTRACT

A Development Contract relating to a Community, Precinct or Neighbourhood plan is created under the Community Land Development Act 1989>. It is optional for the Community and Precinct plan stage but must be lodged with a Neighbourhood plan. It is a binding agreement between the developer and the lot owners to have certain works done or amenities provided. It is considered in conjunction with the Management Statement that was registered at the same time with the Land Titles Office. Contents of the contract are as follows: Part One is the Description of the Development, Part 2 Original Proprietor Rights, Part 3 Signatures, Consents and Approvals, Part 4 Definitions and Interpretation.

The series is arranged in numerical order by the DP number of the plan to which they refer. The associated instruments are stored separately to the plans (NRS19111) as they belong to a different series however the original plan number is used for the basis of the associated documents record number. See example:

DP270037 main plan number (Community Plan).

88B/DP270037 - 88B Instrument of Community Plan.

DC/DP270037 - Development Contract of Community Plan.

MS/DP270037 - Management Statement of Community Plan.