Control and management of common property
75 Control and management of common property
The principal function of a community corporation is to control and manage the common property in the community titles scheme for the benefit of —
the members of the community corporation; and
if there are other community titles schemes that belong to the community titles scheme, the members of the community corporations of those other schemes.
The function includes the following —
an obligation to keep in good and serviceable repair, properly maintain and renew and replace the common property (including its fixtures and fittings) as necessary because of damage or deterioration arising from fair wear and tear, inherent defect or any other cause;
a power to improve or alter the common property;
a power to use, or allow the use of, the common property for any lawful purpose, including a commercial purpose.
The function must be exercised subject to any limitations imposed —
by the scheme by‑laws; or
by ordinary resolution of the community corporation.
Note for this subsection:
An ordinary resolution is invalid if it conflicts with scheme by‑laws unless the by‑laws expressly contemplate that: see section 106.
A community corporation may sue and be sued for rights and liabilities related to the common property of its community titles scheme as if it were the owner and occupier of the common property.
This Act’s bill:Explanatory memorandumSecond reading speech
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