South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 28

28—Common property

        (1)         The common property created by a community plan comprises—

            (a)         those parts of the community parcel that do not comprise or form part of a lot; and

            (b)         the service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot); and

            (c)         in the case of a strata plan—those parts of the building that are not part of a lot; and

            (d)         any building that is not for the exclusive use of a lot and was erected before the deposit of the community plan; and

            (e)         any building erected by the developer or the community corporation as part of the common property; and

            (f)         any other building on the community parcel that has been committed to the care of the community corporation as part of the common property.

        (2)         The common property may be used for any lawful purpose including a commercial purpose.

        (3)         Any income arising from the use of the common property must be paid into the administrative fund or the sinking fund.

        (4)         If a plan of community division indicates that members of the public have access to the common property, or a part of it, then members of the public are entitled to use the common property, or the relevant part of it, in accordance with the by-laws.

        (5)         Despite any Act or law to the contrary, uninterrupted use by the public of common property under subsection (4) does not vest the public or any local or State government authority any rights in respect of the common property.