New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 51A

51A Termination of strata scheme by Registrar-General

(1) On receiving an application for termination of a strata scheme under this section, the Registrar-General may:

(a) make an order terminating a strata scheme, or

(b) refuse to terminate a scheme.

A refusal by the Registrar-General to terminate a strata scheme does not preclude an application to the Supreme Court under section 51 for termination of the scheme.

(2) An application must relate to a parcel that is not subject to a strata development contract.

(3) Except where the Registrar-General agrees otherwise, the application must be signed by:

(a) each proprietor of a lot under the scheme, and

(b) each registered lessee of a lot under the scheme, and

(c) each registered mortgagee, chargee and covenant chargee of a lot or of a registered lease of a lot or of the common property (if any) under the scheme.

(4) The application must bear the consent of the consent authority (if any) for subdivision of the land to which it relates.

(5) Details of the proposed termination, and a statement of intention to make the application, must, except where the Registrar-General otherwise agrees, be published at least 14 days before the application is made:

(a) in a daily newspaper circulating generally in Sydney, and

(b) in a local newspaper circulating generally in the area in which the parcel is situated, and

(c) in the Gazette.

(6) The application must be accompanied by:

(a) the certificates of title for all the lots in the scheme and the common property (if any), except where the Registrar-General agrees otherwise, and

(b) such other documents, consents and evidence as the Registrar-General may require, and

(c) if the Registrar-General so requires, a plan for the parcel acceptable for registration as a deposited plan and signed or consented to as required by Division 3 of Part 23 of the Conveyancing Act 1919 .

(7) An order terminating a strata scheme takes effect on being recorded by the Registrar-General in the folio for the land comprising the parcel.

(8) When an order terminating a strata scheme takes effect:

(a) the body corporate is dissolved and the strata scheme is terminated, and

(b) the land in the former parcel immediately before the scheme was terminated and the assets of the former body corporate at that time vest in the former proprietors as tenants in common in shares proportional to the unit entitlements of their former lots (or in such of the former proprietors or such other proportions as may be set out in the application), and

(c) the estate or interest of the former proprietors in land vested by this section is subject to any estate or interest registered or recorded, immediately before termination of the scheme, in the folios for the lots and the common property (if any) in the former parcel, and

(d) the former proprietors of lots are liable for the liabilities of the body corporate in shares proportional to the unit entitlements of their former lots, and

(e) any legal proceedings begun by or against the body corporate may be completed by or against the former proprietors.

(9) On recording an order terminating a strata scheme, the Registrar-General:

(a) is to cancel the folios for the lots and common property (if any) in the former parcel, and

(b) is to create a folio or folios of the Register for the land in the former parcel, and

(c) may make such other recordings in the Register as the Registrar-General considers appropriate to give effect to the termination and its consequences.