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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 58
Community association or precinct association may do certain work
(1) If the proprietor of a development lot does not do work on or in relation
to the lot in accordance with a notice given to the proprietor by a
public authority, the relevant association may do the work after giving the
proprietor notice that it proposes to do so.
(2) If the proprietor, mortgagee
or covenant chargee in possession, lessee or occupier of a development lot--
(a) is required to do work under a by-law relating to restricted property of a
relevant association and fails to do the work, or
(b) is in breach of the
duty imposed by section 110 and does not do work required to remedy the
breach, or
(c) is in breach of the duty not to interfere with the passage or
provision of services and does not do work required to remedy the breach,
the
relevant association may do the work.
(3) If an order by an Adjudicator or
the Tribunal to carry out work in relation to a development lot is not
complied with, the relevant association may do the work.
(4) If, without any
breach of duty referred to in subsection (2), there is a defect in the
services within a development lot, the defect may be remedied by the
relevant association at its own expense.
(5) Except where work is done under
subsection (4), the relevant association may recover the cost of the work, as
a debt, from the person who failed to do the work or from a
subsequent proprietor of the lot.
(6) Subsection (5) does not apply to a
subsequent proprietor who is absolved from payment because the debt was not
disclosed in a certificate given under clause 2 of Schedule 4.
(7) In this
section--
"relevant association" means-- (a) in relation to a
community development lot--the community association, or
(b) in relation to a
precinct development lot--the precinct association.
"subsequent proprietor" , in relation to a development lot, includes a
precinct association, neighbourhood association or strata corporation
constituted under a scheme to which the development lot has become subject.
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