South Australian Current Acts

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COMMUNITY TITLES ACT 1996 - SECT 115

115—Cases where owner not liable to contribute

        (1)         The owner of a community lot to whom the community corporation is under a financial or other obligation cannot be required to contribute to the satisfaction of that obligation by the corporation.

        (2)         Where a primary corporation is under a financial or other obligation to the owner of a secondary or tertiary lot comprising part of the primary scheme or a secondary corporation is under a financial or other obligation to the owner of a tertiary lot comprising part of the secondary scheme, the owner of the lot cannot be required to contribute to the contribution to be made by the secondary or tertiary corporation to the satisfaction of that obligation.

        (3)         Where the owner of a community lot and the community corporation were parties to proceedings before a court or other tribunal and the corporation has been ordered to pay the owner's costs or the corporation and the owner are to bear their own costs, the owner of the lot cannot be required to contribute to the payment by the corporation of the corporation's costs in those proceedings.

        (4)         Where a primary corporation and the owner of a secondary or tertiary lot comprising part of the primary scheme or a secondary corporation and the owner of a tertiary lot comprising part of the secondary scheme were parties to proceedings before a court or other tribunal and the corporation has been ordered to pay the owners costs or the corporation and the owner are to bear their own costs, the owner of the lot cannot be required to contribute to any contribution to be made by the secondary or tertiary corporation to the payment of the corporation's costs.



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