Community Land Management Act 1989 No 202
Current version for 4 July 2014 to date (accessed 29 November 2014 at 11:01)
Part 6

Part 6 General

110   Mutual duties owed by proprietor and others

A proprietor, mortgagee or covenant chargee in possession, lessee or occupier of a development lot, neighbourhood lot, or strata lot, must not:
(a)  do anything, or allow anything to be done, on or in relation to the lot that interferes with any support or shelter provided by the lot for another lot, for association property or for common property, or
(b)  do anything, or allow anything to be done, on or in relation to the lot that interferes with, or with the use of, the statutory easement created by section 36 of the Community Land Development Act 1989 or any service lines within the parcel, or
(c)  use or enjoy the lot, or allow it to be used or enjoyed, in a manner, or for a purpose, that causes a nuisance (by noise or otherwise) or hazard to any other person who is exercising a right to use and enjoy another lot, or
(d)  do anything, or allow anything to be done, on an open access way or a private access way that interferes with the use of the access way.

111   Company nominees

(1)  A corporation that is the proprietor, mortgagee or covenant chargee of a development lot, neighbourhood lot, or strata lot, may:
(a)  authorise a person who is not a corporation to exercise a function of the proprietor, mortgagee or covenant chargee of such a lot under this Act, or
(b)  revoke such an authorisation.
(2)  A function exercised by the authorised person is to be taken to have been exercised by the proprietor, mortgagee or covenant chargee.
(3)  A document that is under the seal of a corporation and purports to be an authorisation or revocation under subsection (1) is evidence that it is such an authorisation or revocation.

111A   Can a proprietor of a lot appoint an agent for dealings with the association?

(1)  A proprietor of a development lot, neighbourhood lot or strata lot may appoint an agent to receive notices and other documents under this Act if the proprietor is unable to deal with those notices because of intellectual impairment or physical impairment, illiteracy or an inability to read or write English sufficiently well or absence from the lot.
(2)  A person must not be appointed as an agent unless the person is a resident of Australia.
(3)  An appointment of an agent may be made at any time and may be revoked at any time.
(4)  However, the appointment or revocation has no effect until communicated to the association and recorded in the relevant roll kept in accordance with Schedule 3.
(5)  If an agent for a proprietor has been so appointed and the name and address for service of the agent recorded on the strata roll, notices or other documents required to be given to the proprietor under this Act are to be given to the agent.

112   Costs in proceedings between association and members

(1)  This section applies to legal proceedings brought:
(a)  against an association by one or more of its members, or
(b)  by an association against one or more of its members,
including any member joined in third party proceedings.
(2)  In proceedings to which this section applies, the Court may order that any costs and expenses payable by the association under an order made in the proceedings must be paid from a levy made:
(a)  only in respect of such lots, and
(b)  in such proportions,
as are specified in the order.

113   Association may represent its members in certain proceedings

(1)  If the members of an association:
(a)  are jointly entitled to take legal proceedings, or
(b)  are liable to have legal proceedings taken against them jointly,
in relation to association property, the proceedings may be taken by or against the association instead.
(2)  A judgment or order given or made in the proceedings:
(a)  in favour of the association—has effect as if it had been given or made in favour of its members, or
(b)  against the association—has effect as if it had been given or made against its members.
(3)  If a member of an association is liable to make a contribution to another member in respect of a judgment debt arising out of the proceedings, the contribution must be the proportion of the judgment debt prescribed by subsection (4), (5) or (6), whichever is applicable.
(4)  If the judgment relates to community property, the proportion prescribed by this subsection for a member of the community association is:
(a)  if the member is the proprietor of a community development lot—the proportion borne to the total unit entitlement for the community scheme by the unit entitlement for the development lot, or
(b)  if the member is a precinct association, neighbourhood association or strata corporation—the proportion borne to the total unit entitlement for the community scheme by the unit entitlement for the former development lot that became subject to the precinct scheme, neighbourhood scheme or strata scheme.
(5)  If the judgment relates to precinct property, the proportion prescribed by this subsection for a member of the precinct association is:
(a)  if the member is the proprietor of a precinct development lot—the proportion borne to the total unit entitlement for the precinct scheme by the unit entitlement for the development lot, or
(b)  if the member is a neighbourhood association or a strata corporation—the proportion borne to the total unit entitlement for the precinct scheme by the unit entitlement for the former development lot that became subject to the neighbourhood scheme or strata scheme.
(6)  If the judgment relates to neighbourhood property, the proportion prescribed by this subsection for the proprietor of a neighbourhood lot is the proportion borne to the total unit entitlement for the neighbourhood scheme by the unit entitlement for the neighbourhood lot.

114   Service of documents on association

(1)  A summons or other legal process may be served on an association by leaving it with the chairperson or secretary, or with any other member of its executive committee.
(2)  A document other than a summons or other legal process may be served on an association as provided by its management statement or, if no such provision is made:
(a)  by leaving it with a person referred to in subsection (1) or at the means provided by the association for the receipt of mail, or
(b)  by serving it by post on the association at the address for the association recorded in the folio for its association property.
(3)  A document (including a summons or other legal process) may be served by a person on an association in any manner agreed on between the person and the association.

115   Service of documents by certain persons

(1)  This section applies to service of a notice or other document by the Director-General, an Adjudicator, the Tribunal, an association, the executive committee of an association or the secretary of such a committee:
(a)  on a member of an association, or
(b)  on the proprietor, lessee, mortgagee, covenant chargee or occupier of a lot.
(2)  A notice may be served on an occupier of a lot by leaving it at the address of the lot with someone who seems to be at least 16 years old.
(3)  If an address for service of notices on a person is recorded in the association roll or strata roll, a document may be served on the person:
(a)  by post at that address, or
(b)  by leaving it at that address with someone who seems to be at least 16 years old.
(4)  A document may be served on the proprietor of a lot:
(a)  personally, or
(b)  by post at the address of the lot, or
(c)  by leaving it on a part of the lot that is the proprietor’s place of residence or business, or
(d)  by leaving it at a place provided at the parcel for receiving mail posted to the lot, or
(e)  in any manner provided by the by-laws for the service of notices on the proprietor of a lot.
(5)  In this section:

lot means a development lot, a neighbourhood lot or a strata lot.

parcel means a community parcel, a precinct parcel or a neighbourhood parcel.

116   Open and private access ways

(1)  An open access way is not a road or road related area or a public place but, except to the extent that this Act or the Community Land Development Act 1989 otherwise provides, the provisions of:
(a)  the road transport legislation within the meaning of the Road Transport Act 2013, and
(b)  the Motor Accidents Compensation Act 1999, and
(c)  Division 2 of Part 7 of the Roads Act 1993, and
(d)  the Summary Offences Act 1988,
apply to an open access way as if it were a road or road related area.
(2)  (Repealed)
(3)  An open access way is a private road for the purposes of the Roads Act 1993 and is not a public road for the purposes of that Act.
(4)  A private access way is a road or road related area for the purposes of the Motor Accidents Compensation Act 1999.
(5)  An authorised person may enter an open access way or a private access way and there exercise a function that the person could have exercised if the access way had been a road or road related area.
(6)  Except as provided by subsections (4) and (5), a private access way is not for any purpose a road or road related area, a public road or a public thoroughfare or way.
(7)  In this section:

authorised person means:

(a)  a member of the Police Force, or
(b)  an employee of Roads and Maritime Services, or
(c)  a person authorised by Roads and Maritime Services, or
(d)  a person prescribed by the regulations as an authorised person for the purposes of this section.

road or road related area means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

117   Dividing Fences Act 1951

The Dividing Fences Act 1951 has effect:
(a)  in relation to a community scheme and an owner of land outside the community parcel—as if the community association were the owner of the community parcel, and
(b)  in relation to a subsidiary scheme within a community scheme and an owner of land outside the subsidiary parcel—as if the community association were the owner of the subsidiary parcel, and
(c)  in relation to a neighbourhood scheme that is not part of a community scheme—as if the neighbourhood association were the owner of the neighbourhood parcel.

118   Power of entry for public authority

If an Act authorises a public authority (including a consent authority) to enter a part of a community parcel, precinct parcel or neighbourhood parcel for the purpose of exercising any of its functions, it may also enter any other part of the parcel for that purpose.

119   Effect of notice under the Real Property Act 1900

A notice given under the Real Property Act 1900 to an association also has effect as if it had been given to each member of the association unless, in a particular case, it is proved that the association did not inform the member of its effect.

120   Other rights and remedies not affected

(1)  Nothing in this Act detracts from any rights or remedies that:
(a)  an association, or
(b)  a strata corporation, or
(c)  the proprietor, mortgagee or covenant chargee of a development lot or a neighbourhood lot, or
(d)  the proprietor, mortgagee or covenant chargee of a strata lot,
may have in relation to any such lot, or any association property or common property, apart from this Act and the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes Management Act 1996.
(2)  In any proceedings to enforce a right or remedy preserved by subsection (1), the Court must, if of the opinion referred to in subsection (3), order the plaintiff to pay the costs of the defendant as determined by the Court.
(3)  Subsection (2) applies only if the Court is of the opinion that, having regard to the subject-matter of the proceedings and the circumstances of the case, the taking of the proceedings was not justified because this Act, or Chapter 5 of the Strata Schemes Management Act 1996, makes adequate provision for enforcement of the rights and remedies.

121   Proceedings for offences

Proceedings for an offence under this Act may be dealt with summarily by the Local Court.

122   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A)  In particular, the regulations may make provision for or with respect to fees payable under the Act, including the waiver or refund of the whole or any part of a fee.
(2)  A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.

123   Savings, transitional and other provisions

Schedule 7 has effect.
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