New South Wales Consolidated Acts

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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 54

Restricted property

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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