South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 101

101—Power to enforce duties of maintenance and repair etc

        (1)         A community corporation may, by notice in writing to the owner of a lot, require the owner—

            (a)         to carry out specified work in pursuance of a duty of maintenance or repair imposed on the owner by this Act or the by-laws;

            (b)         to carry out specified work to remedy—

                  (i)         a breach of this Act or the by-laws by the owner or a former owner or an occupier or former occupier of the lot; or

                  (ii)         a situation that is likely to result in a breach of this Act or the by-laws;

            (c)         to carry out specified work required to be carried out on the lot by a council or other public authority.

        (2)         Subject to subsection (4), if the owner of a lot does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the corporation may (using such force as may be reasonably necessary in the circumstances) enter the lot and carry out the specified work.

        (3)         A power of entry must not be exercised under subsection (2) unless the owner and the occupier of the lot have been given at least 2 days notice in writing of the proposed entry.

        (4)         A person must not use force to enter a strata lot or a building on any other lot under subsection (2) except pursuant to an order of the Magistrates Court authorising the entry.

        (4a)         Despite any other provision of this section, an officer of a community corporation or a person or persons authorised by a community corporation may, if satisfied that urgent action is necessary to avert a risk of death or injury or significant damage to property, enter a lot (using such force as may be reasonably necessary in the circumstances) and carry out such work as is reasonably necessary to deal with the risk.

        (4b)         A person proposing to enter a lot in accordance with subsection (4a) must give such notice (if any) to the owner and occupier of the lot as he or she considers reasonable in the circumstances.

        (5)         Any cost reasonably incurred by the corporation in having work carried out under this section may be recovered as a debt from the owner of the lot.

        (6)         Where—

            (a)         —

                  (i)         the owner of a lot incurs costs in complying with a notice under subsection (1); or

                  (ii)         the corporation recovers costs from the owner of a lot under subsection (5); and

            (b)         the circumstances out of which the work was required are attributable to the act or default of another person,

the owner of the lot may recover those costs from that other person as a debt.

        (7)         Where a community parcel is subject to a leaseback arrangement, this section applies to, and in relation to, the lessee instead of the owners of the community lots.