PPS 8 Open Space Sport and Outdoor Recreation·Page 22·5.19(iii)

Legal Agreement for Open Space Management by Residents' Association

Open space ownership and responsibility can be transferred to a residents' association through legal agreement, with the developer establishing the association, initial management regime, and demonstrating contingency measures if management breaks down.

A legal agreement transferring ownership and responsibility for the open space to a properly constituted residents' association with associated management arrangements. In this case, the ownership of the open space is divided equally among incoming residents who then employ a management company on their behalf to maintain the open space. The developer will be responsible for setting up a resident's association, putting in place the initial management regime and ensuring this matter is clearly set out in the sale agreement. Any developer intending to follow this approach will also be required to demonstrate to the Department's satisfaction what alternative measures will take effect in the event that the residents' management arrangements were to break down.

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