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NSW community title scheme review checklist

NSW community title schemes operate under the Community Land Development Act 2021 and Community Land Management Act 2021. This checklist is for purchaser lawyers reviewing a community title lot.

In short

This is a 12-step checklist for reviewing a NSW community title scheme when acting for a purchaser. It covers the management statement, by-laws, levies, and scheme risks.

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12-step checklist

The checklist

1

Identify the scheme type

Identify whether the lot is in a community, precinct, or neighbourhood scheme.

Community Land Development Act 2021 (NSW)
2

Obtain section 41 certificate

Obtain the community association section 41 certificate with levies, by-laws and financials.

Community Land Management Act 2021 (NSW) s 41
3

Review community management statement

Review the registered CMS including covenants, by-laws, and maintenance obligations.

4

Check levy contributions

Confirm admin fund and sinking fund levy contributions and frequency.

5

Check special levies

Identify any pending or forecast special levies.

6

Review restrictive covenants

Check CMS restrictions on building, landscaping, colour schemes, and land use.

7

Review shared facilities

Review shared recreational facilities, easements and access rights.

8

Check AGM minutes

Review recent AGM and executive committee minutes for disputes or works.

9

Check infrastructure maintenance

Assess shared road, stormwater, and utility maintenance obligations and funding.

10

Check insurance

Confirm community association insurance cover including building and liability.

11

Review any planning conditions

Review any development consent conditions still binding on the scheme.

Environmental Planning and Assessment Act 1979 (NSW)
12

Advise purchaser

Advise client on levy commitments, covenants, and ongoing scheme obligations.

When to use

When this checklist applies

Use when acting for a purchaser buying into a NSW community title scheme.

Common pitfalls

  • Missing precinct or neighbourhood sub-schemes
  • Overlooking restrictive covenants on building
  • Not reviewing shared infrastructure funding
  • Special levies forecast in minutes but missed
  • CMS amendments not checked against current version
Use with Quillio

Run this checklist on a real matter

Quillio can review a NSW section 41 certificate and flag scheme risks for a purchaser. See /practice-areas/property-lawyers or start a free trial.

General guidance for NSW community title reviews. Adapt for master planned estates or mixed use schemes.

Use this checklist on your matter.

Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.

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