Community Titles Act 2018

A community corporation has a right to enter the common property of its community titles scheme to exercise its rights under a statutory easement without notice to any person.

If a person needs to enter a lot or common property in order to exercise rights under a statutory easement (other than as set out in subsection (1)), the person must give notice —

for entry to a lot — to the occupier of the lot; and

for entry to common property other than special common property — to the community corporation for the community titles scheme to which the common property belongs; and

for special common property — to the occupiers of the special lots who have exclusive use and enjoyment of, or special privileges over, the special common property under an exclusive use by‑law or, if the special lots are all of the lots in a community titles scheme, the community corporation for that community titles scheme.

Notice is unnecessary —

in an emergency if there is insufficient time to give notice; or

for entry to a lot, if the occupier of the lot dispenses with the requirement for notice; or

for entry to common property other than special common property if —

the person has the right to enter and enters only for the purposes of inspection; or

the community corporation dispenses with the requirement for notice;

for entry to special common property — if the requirement for notice is dispensed with by the occupiers of the special lots, or, if the special lots are all of the lots in a community titles scheme, the community corporation for the community titles scheme.

Notice must be given in the approved form.

The length of the notice must be at least —

for entry by a community corporation — 7 days unless a shorter period is agreed to by the occupier of the lot; and

in any other case — 28 days unless a shorter period is agreed to by the occupier of the lot or community corporation, as the case requires.

If notice is not given (in an emergency) or the period of the notice has expired and it is not possible for the person, or a person acting on behalf of the person, to gain entry without using force, the person wishing to enter may use such force as is reasonable in the circumstances.

Rights of entry under a statutory easement include rights of entry by the person’s agents, employees and contractors, with vehicles, equipment, materials and other items as reasonably necessary for the purpose of exercising rights under the easement.