The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Strata Titles Policy and Procedure Guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
Name of Form: Community titles scheme by-laws
Type of Form: Scheme document for lodgement at Landgate
When it’s used:
- When applying to register scheme by-laws with an Application to register a community titles scheme
- When applying to register an amendment of the community titles scheme to make, amend or repeal scheme by-laws.
Details of entries:
- Scheme number: Enter the number shown on the scheme plan for the community titles scheme, so if the plan says scheme plan 12345 then the scheme number is 12345.
- Applicant(s): Insert the full name(s) of the owners of the parcel when registering by-laws for the scheme. Insert the name of the community corporation for the scheme when changing registered scheme by-laws.
- Type of application: Select one:
- Option (a) – If applying to register scheme by-laws with an Application to register a community titles scheme, enter the land description of the land the subject of the scheme plan, e.g. Lot 1 on Deposited Plan 12345 or Lot 1 on Scheme Plan 12345.
OR
- Option (b) – If applying to register an amendment of the community titles scheme to make, amend or repeal scheme by-laws, enter:
- the date the voting period opened;
- the date the voting period closed; and
- select what changes are being made to the scheme by-laws by this application (additions, amendments and/or repeal).
- Part 1 – Details of changes made to the registered scheme by-laws [only complete if Option (b) has been selected]: Enter the details of the scheme by-laws the subject of the additions, amendments and/or repeal.
- Part 2 – Community titles scheme consolidated by-laws: Provide the full text of the scheme by-laws with the relevant by-law number.
- Part 3 – Scheme by-laws of significance:
- By-law under planning (scheme by-laws) condition: Insert by-law number.
- Exclusive use by-laws: Insert by-law number.
- Part 4 – Accompanying documents:
- If a by-law under planning (scheme by-laws) condition is being amended or repealed, the approval of the Western Australian Planning Commission or local government as relevant, must be provided.
- If exclusive use by-laws are being made or amended and have been identified in Part 3, written consent of the owner of each special lot, or if the special lots are all the lots in a community titles scheme in the community scheme, the written consent of the community corporation for that scheme, must be provided.
- Part 5 – Execution: Insert date of execution and to be executed by each applicant in the appropriate manner.