53 Value of interests of members of an association
(1) The comparative value of the relevant interests of the members of a community association or a precinct association is the same as the proportion that is borne to the total unit entitlement for the community scheme or precinct scheme:(a) in the case of a member who is proprietor of a development lot—by the unit entitlement for the development lot, or(b) in the case of a member that is a precinct association, a neighbourhood association or a strata corporation—by the unit entitlement for the former development lot that is subject to the precinct scheme, neighbourhood scheme or strata scheme.(2) The comparative value of the relevant interests of the members of a neighbourhood association is the same as the proportion that is borne to the total unit entitlement for the neighbourhood scheme by the respective unit entitlements for the neighbourhood lots.(3) In this section:relevant interest in relation to a member, means:
(a) the value of the member’s vote on a poll at a meeting of the association, or(b) the amount of a levy on the member in relation to the total levies on all members of the association, or(c) the interest of the member in the association property, or(d) the interest of the member in an amount of surplus funds being distributed by the association, or(e) the interest of the member in the community parcel, precinct parcel, neighbourhood parcel or strata parcel on termination of the applicable scheme.
(1) A by-law in a community management statement may restrict the use of part of the community property:(a) to the proprietor or proprietors of one or more development lots, neighbourhood lots or strata lots, or(b) to one or more precinct associations, neighbourhood associations or strata corporations,within the community scheme.(2) A by-law in a precinct management statement may restrict the use of part of the precinct property:(a) to the proprietor or proprietors of one or more development lots, neighbourhood lots or strata lots, or(b) to one or more neighbourhood associations or strata corporations,within the precinct scheme.(3) A by-law in a neighbourhood management statement may restrict the use of part of the neighbourhood property to the proprietor or proprietors of one or more neighbourhood lots.(4) A by-law for a subsidiary scheme within a community scheme or a precinct scheme may restrict the use of part of the association property or common property to one or more of the following:(a) the proprietor or proprietors of one or more development lots within the community scheme or precinct scheme, or(b) the proprietor or proprietors of one or more precinct development lots, neighbourhood lots or strata lots within another subsidiary scheme, or(c) the community association, or(d) if the subsidiary scheme is part of a precinct scheme—the precinct association, or(e) a precinct association, neighbourhood association or strata corporation within another subsidiary scheme.(5) A by-law restricting the use of property under this section may not be made, amended or revoked by amending a management statement or the by-laws under a strata scheme:(a) during the initial period for the community scheme, precinct scheme, neighbourhood scheme or strata scheme affected, or(b) without the written consent of each person entitled by the by-law to use the restricted property.(6) The consent under subsection (5) (b) of an association or a strata corporation must be given by special resolution.(7) A by-law made for the purposes of this section must include:(a) a description of the property to which it applies, and(b) details of the persons entitled to use the property, and(c) the terms and conditions on which those persons may use the property, and(d) particulars relating to access to the property and the provision and keeping of any key necessary, and(e) particulars of the hours during which the property may be used, and(f) provisions relating to the maintenance of the property, and(g) matters relating to the determination, imposition and collection of levies on those entitled to use the property.(8) A failure to comply with a condition precedent to the making of a by-law restricting the use of association property, or to the amendment or revocation of such a by-law, is not a ground for invalidating the by-law, amendment or revocation more than 2 years after the event.(9) If a person entitled to use restricted property:(a) fails to comply with a condition of its use imposed by the by-law restricting use of the property, or(b) fails to pay when due any money owed to the association (whether or not in relation to the use of the property),the association may serve on the person a written notice requiring compliance with the condition, or payment of the money, within a time stated in the notice.(10) A person served with a notice under subsection (9) ceases to be entitled to use the restricted property:(a) until the notice is complied with, or(b) whether the notice is complied with or not—if the management statement is amended to revoke the right of the person to use the property.(11) If a motion is put to amend a management statement to revoke the right of a person to use restricted property, a vote on the motion by the person does not count.
55 Consequences of restricting use of association property
(1) While it remains in force, a by-law referred to in section 54 that restricts the use of association property operates as appurtenant to, and for the benefit of:(a) any development lot, former development lot, neighbourhood lot or strata lot in respect of which it was made, and(b) any association or strata corporation to which the use of the property is restricted, and(c) the proprietor or occupier of any development lot, neighbourhood lot or strata lot to which the use of the property is restricted.(2) The obligation of an association or strata corporation to maintain association property or common property in good condition is discharged to the extent, if any, that a by-law restricting the use of the property operates to waive the obligation.(3) An amount of money that at any time:(a) a proprietor is required to pay to an association or a strata corporation, or(b) an association is required to pay to another association or a strata corporation, or(c) a strata corporation is required to pay to an association,under a by-law restricting the use of association property or common property is money that the person required to make the payment owes to the association or strata corporation in which the restricted property is vested.(4) If a person becomes proprietor of a development lot, neighbourhood lot or strata lot when another person owes money under subsection (3) in respect of the lot, the new proprietor is jointly and severally liable under subsection (3) with the other person for payment of the money.(5) Subsections (3) and (4) do not apply in relation to money owed that a person is absolved from paying because it was not disclosed in a certificate given under clause 2 of Schedule 4.
56 Payments to or by association in relation to association property
An association may, by unanimous resolution, make an agreement with a member of the association regarding:(a) payment to the member of money that would otherwise be payable to the association under a transaction involving association property, or(b) payment of money by the member in relation to restricted property.
57 Carrying out of work on association property by developer
(1) This section applies to an agreement for the carrying out of a work of preparation, construction or maintenance on association property made between the developer and a person other than the association in which the property is vested.(2) For the purpose of ensuring that a work is carried out in accordance with an agreement to which this section applies, the association in which is vested the association property on which the work has been, or is to be, carried out may, as if it were a party to the agreement:(a) enforce against the developer a right or remedy available to another party to the agreement, or(b) enforce against another party to the agreement a right or remedy available to the developer.(3) Subsection (2):(a) does not oblige an association to carry out a work or pay for the carrying out of a work, and(b) does not relieve the developer from any obligation to pay for the carrying out of a work.(4) The rights conferred by subsection (2) are in addition to, and do not derogate from, a right or remedy enforceable under the agreement:(a) against the developer by another party, or(b) by the developer against another party.
58 Community association or precinct association may do certain work
(1) If the proprietor of a development lot does not do work on or in relation to the lot in accordance with a notice given to the proprietor by a public authority, the relevant association may do the work after giving the proprietor notice that it proposes to do so.(2) If the proprietor, mortgagee or covenant chargee in possession, lessee or occupier of a development lot:(a) is required to do work under a by-law relating to restricted property of a relevant association and fails to do the work, or(b) is in breach of the duty imposed by section 110 and does not do work required to remedy the breach, or(c) is in breach of the duty not to interfere with the passage or provision of services and does not do work required to remedy the breach,the relevant association may do the work.(3) If an order by an Adjudicator or the Tribunal to carry out work in relation to a development lot is not complied with, the relevant association may do the work.(4) If, without any breach of duty referred to in subsection (2), there is a defect in the services within a development lot, the defect may be remedied by the relevant association at its own expense.(5) Except where work is done under subsection (4), the relevant association may recover the cost of the work, as a debt, from the person who failed to do the work or from a subsequent proprietor of the lot.(6) Subsection (5) does not apply to a subsequent proprietor who is absolved from payment because the debt was not disclosed in a certificate given under clause 2 of Schedule 4.(7) In this section:relevant association means:
(a) in relation to a community development lot—the community association, or(b) in relation to a precinct development lot—the precinct association.subsequent proprietor, in relation to a development lot, includes a precinct association, neighbourhood association or strata corporation constituted under a scheme to which the development lot has become subject.
59 Neighbourhood association may do certain work
Section 58 applies in relation to a neighbourhood association, a neighbourhood lot and neighbourhood property in the same way as it applies in relation to a relevant association under that section, a development lot and association property.
60 Powers of entry of association
(1) An association may, by its servants, agents or contractors, enter any part of the community, precinct or neighbourhood parcel:(a) to exercise its powers under section 58 or 59, or(b) to do any work ordered by an Adjudicator or the Tribunal, or(c) to renew or replace its personal property or any fixtures that are part of its association property.(2) An association may, by its servants, agents or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the association in accordance with this Act.(2A) In an emergency, the association may enter any part of the parcel for those purposes at any time.(2B) In a case that is not an emergency, the association, may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of an Adjudicator.(3) A person who obstructs or hinders an association in the exercise of its powers under this section is guilty of an offence.Maximum penalty: 2 penalty units.
(4) An association is liable for any damage to a development lot, neighbourhood lot or strata lot, or its contents, caused by, or arising from:(a) the carrying out of work under section 58 or 59, or(b) the exercise of the powers conferred by this section.(5) Subsection (4) does not apply in relation to damage that would not have occurred but for the commission of an offence under subsection (3), whether or not there has been a conviction for the offence.
61 Duties in relation to association property or common property
A proprietor, mortgagee or covenant chargee in possession, lessee or occupier of a development lot, neighbourhood lot or strata lot must not:(a) use or enjoy association property or common property in a way that unreasonably interferes with the right of any other person to use and enjoy the lot or the property, or(b) use or enjoy restricted property in a way that unreasonably interferes with the right of a person to use and enjoy other association property or common property, or(c) unless authorised to do so by a management statement or the by-laws for a strata scheme—damage, or use for his or her own purposes as a garden, any association property or common property, or(d) obstruct the lawful use of association property or common property by another person, or(e) use or enjoy association property or common property in a way that interferes with the statutory easement created by section 36 of the Community Land Development Act 1989 or with any service lines referred to in that section that define the easement.