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s 45

Recovery of certain repairs, &c.

In force
Part VManagement corporations
Division 2Duties, functions and powers of corporation

45 Recovery of certain repairs, &c.

(1) Where a corporation has performed any act which it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, and which related to one unit only or some of the units only, any money expended by the corporation in performing that act is recoverable by the corporation as a debt from the proprietor or proprietors, for the time being, of that unit or those units, as the case may be.

(2) Where the act referred to in subsection (1) related to some of the units only the amount recoverable from a proprietor in respect of a unit bears to the whole amount of the debt the same proportion as the unit entitlement of the unit bears to the aggregate unit entitlement of all those units.

(3)

For the purposes of this section:

(a)

act includes repairs and work; and

(b) an act shall be deemed to relate to a unit if, but only if, the act is wholly or substantially for the benefit of the unit or wholly or substantially the liability or the responsibility of the proprietor of the unit.

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