Special privileges relating to common property
22 Special privileges relating to common property
An owners corporation for a units plan may, if authorised by a special resolution, grant a special privilege for a period of less than 3 months to—
a unit owner; or
someone else with an interest in a unit.
Example a right to the exclusive use of a pool area for a private party
A special privilege that is granted for a period of 3 months or more must be granted by a special privilege rule (see s 112A).
A grant under subsection (1) may be terminated, in accordance with a special resolution, by written notice given by the owners corporation to the person to whom the grant was made.
The owners corporation may only grant a special privilege under this section—
with the consent of the grantee of the special privilege; and
subject to a condition that states that the maintenance requirement is the responsibility of 1 of the following:
the owners corporation;
the grantee.
A condition that states that the maintenance requirement is the responsibility of the grantee—
must state the type and frequency of maintenance the grantee must undertake; and
relieves the owners corporation of its obligations under section 24 to the extent the rule places this obligation on the grantee.
A grantee must not unreasonably withhold consent mentioned in subsection (3) (a).
This Act’s bill:Explanatory statementSecond reading speech
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