This article is about neighbourhood association members and community association members.
Question: The neighbourhood association is a subsidiary of the community association. Are members of the neighbourhood association also members of the community association?
Answer: The neighbourhood association as a whole is a member of a community association.
The neighbourhood association as a whole (rather than individual lot owners within the neighbourhood association) is a member of a community association as per the section in the Community Land Management Act 2021 (NSW) extracted below:
8 Establishment of community scheme
- A community scheme is established by the registration of a plan for the subdivision of land—
- that is not part of a community parcel, precinct parcel, neighbourhood parcel or strata parcel, and
- into 2 or more community development lots and 1 other lot that is community property, whether or not the plan includes land that, on registration of the plan, will be dedicated as a public road, public reserve or drainage reserve.
- The registration of a community plan constitutes a corporation with the corporate name “Community Association DP No XXXX”, where the number to be inserted is the number of the plan registered as the community plan.
- The members of the corporation are as follows—
- the owner of each community development lot in the community parcel that has not become subject to a subsidiary scheme,
- the precinct association constituted if a community development lot in the community parcel becomes subject to a precinct scheme,
- the neighbourhood association constituted if a community development lot in the community parcel becomes subject to a neighbourhood scheme,
- the strata corporation constituted if a community development lot in the community parcel becomes subject to a strata scheme.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in the March 2025 edition of The NSW Strata Magazine.
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