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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 55
Consequences of restricting use of association property
(1) While it remains in force, a by-law referred to in section 54 that
restricts the use of association property operates as appurtenant to, and for
the benefit of-- (a) any development lot, former development lot,
neighbourhood lot or strata lot in respect of which it was made, and
(b) any
association or strata corporation to which the use of the property is
restricted, and
(c) the proprietor or occupier of any development lot,
neighbourhood lot or strata lot to which the use of the property is
restricted.
(2) The obligation of an association or strata corporation to
maintain association property or common property in good condition is
discharged to the extent, if any, that a by-law restricting the use of the
property operates to waive the obligation.
(3) An amount of money that at any
time-- (a) a proprietor is required to pay to an association or a
strata corporation, or
(b) an association is required to pay to another
association or a strata corporation, or
(c) a strata corporation is required
to pay to an association,
under a by-law restricting the use of
association property or common property is money that the person required to
make the payment owes to the association or strata corporation in which the
restricted property is vested.
(4) If a person becomes proprietor of a
development lot, neighbourhood lot or strata lot when another person owes
money under subsection (3) in respect of the lot, the new proprietor is
jointly and severally liable under subsection (3) with the other person for
payment of the money.
(5) Subsections (3) and (4) do not apply in relation to
money owed that a person is absolved from paying because it was not disclosed
in a certificate given under clause 2 of Schedule 4.
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