South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 102

102—Alterations and additions in relation to strata schemes

        (1)         Subject to subsection (1a), a person must not carry out prescribed work in relation to a strata lot unless the person is authorised to do so—

            (a)         where each of the lots comprised in the strata scheme is used, or is intended to be used, solely or predominantly for non-residential purposes—by the by-laws of the strata scheme; or

            (b)         in any other case—by special resolution of the community corporation.

        (1a)         Subsection (1) does not apply to—

            (a)         prescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940 ; or

            (b)         prescribed work carried out on a lot in a strata scheme consisting only of 2 lots if the work is approved development under the Planning, Development and Infrastructure Act 2016 .

        (1b)         Where a person carries out prescribed work referred to in subsection (1a)(b), the corporation may, by notice in writing to the owner of the lot, require the owner to carry out, within a reasonable period fixed in the notice, specified work to remedy any structural deficiency caused by the work.

        (2)         Where a person acts in contravention of subsection (1), the corporation may, by notice in writing to the owner of the lot, require him or her to carry out, within a reasonable period fixed in the notice, specified work—

            (a)         to remedy any structural deficiency caused by the work; or

            (b)         to restore the lot to its previous state.

        (3)         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 enter the lot and carry out the specified work.

        (4)         A power of entry must not be exercised under subsection (3) unless the owner of the lot has been given reasonable notice of the proposed entry.

        (5)         A person may only use force to enter a lot under subsection (3) pursuant to an order of the Magistrates Court authorising the entry.

        (6)         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.

        (7)         In this section—

"prescribed work" in relation to a lot means—

            (a)         the erection, alteration, demolition or removal of a building;

            (b)         the alteration of the external appearance of a building.