Community Titles Act 2018

This section applies if —

a community corporation has entered into a contract (an infrastructure contract) with a person under which the person owns and operates infrastructure on common property in the community titles scheme; and

this section is applied to the infrastructure contract as follows —

if the infrastructure is utility infrastructure or sustainability infrastructure, by ordinary resolution of the community corporation;

in any other case, by special resolution of the community corporation.

An infrastructure contract must —

specify the common property over which there is an easement under this section; and

specify the infrastructure to which the easement applies.

The person (the infrastructure owner) who, from time to time, owns the infrastructure the subject of an infrastructure contract has an easement over the common property specified in the infrastructure contract that entitles the infrastructure owner —

to install and remove the infrastructure specified in the contract; and

to operate that infrastructure; and

to examine, maintain, repair, modify and replace that infrastructure.

The easement is subject to any conditions set out in the infrastructure contract (as in force from time to time).

The infrastructure contract may be varied by agreement between the community corporation and the person who is the infrastructure owner from time to time.

The easement ceases to exist if the infrastructure contract is terminated or otherwise ceases to have effect.

The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the enjoyment and use of the common property.

The regulations may —

specify special procedures for notice or voting on the resolution required for the application of this section; and

set out terms and conditions that are to be taken to be implied in an infrastructure contract; and

otherwise regulate the rights and obligations of the community corporation and the infrastructure owner.