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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 54
Restricted property
(1) A by-law in a community management statement may restrict the use of part
of the community property-- (a) to the proprietor or proprietors of one or
more development lots, neighbourhood lots or strata lots, or
(b) to one or
more precinct associations, neighbourhood associations or strata corporations,
within the community scheme.
(2) A by-law in a precinct management statement
may restrict the use of part of the precinct property-- (a) to the proprietor
or proprietors of one or more development lots, neighbourhood lots or
strata lots, or
(b) to one or more neighbourhood associations or
strata corporations,
within the precinct scheme.
(3) A by-law in a
neighbourhood management statement may restrict the use of part of the
neighbourhood property to the proprietor or proprietors of one or more
neighbourhood lots.
(4) A by-law for a subsidiary scheme within a
community scheme or a precinct scheme may restrict the use of part of the
association property or common property to one or more of the following-- (a)
the proprietor or proprietors of one or more development lots within the
community scheme or precinct scheme, or
(b) the proprietor or proprietors of
one or more precinct development lots, neighbourhood lots or strata lots
within another subsidiary scheme, or
(c) the community association, or
(d)
if the subsidiary scheme is part of a precinct scheme--the
precinct association, or
(e) a precinct association,
neighbourhood association or strata corporation within another
subsidiary scheme.
(5) A by-law restricting the use of property under this
section may not be made, amended or revoked by amending a management statement
or the by-laws under a strata scheme-- (a) during the initial period for the
community scheme, precinct scheme, neighbourhood scheme or strata scheme
affected, or
(b) without the written consent of each person entitled by the
by-law to use the restricted property.
(6) The consent under subsection (5)
(b) of an association or a strata corporation must be given by
special resolution.
(7) A by-law made for the purposes of this section must
include-- (a) a description of the property to which it applies, and
(b)
details of the persons entitled to use the property, and
(c) the terms and
conditions on which those persons may use the property, and
(d) particulars
relating to access to the property and the provision and keeping of any key
necessary, and
(e) particulars of the hours during which the property may be
used, and
(f) provisions relating to the maintenance of the property, and
(g) matters relating to the determination, imposition and collection of levies
on those entitled to use the property.
(8) A failure to comply with a
condition precedent to the making of a by-law restricting the use of
association property, or to the amendment or revocation of such a by-law, is
not a ground for invalidating the by-law, amendment or revocation more than 2
years after the event.
(9) If a person entitled to use restricted property--
(a) fails to comply with a condition of its use imposed by the by-law
restricting use of the property, or
(b) fails to pay when due any money owed
to the association (whether or not in relation to the use of the property),
the association may serve on the person a written notice requiring compliance
with the condition, or payment of the money, within a time stated in the
notice.
(10) A person served with a notice under subsection (9) ceases to be
entitled to use the restricted property-- (a) until the notice is complied
with, or
(b) whether the notice is complied with or not--if the
management statement is amended to revoke the right of the person to use the
property.
(11) If a motion is put to amend a management statement to revoke
the right of a person to use restricted property, a vote on the motion by the
person does not count.
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