South Australian Current Acts South Australian Current Acts36—By-law as to the exclusive use of part of the common property
(1) A by-law may
confer on the occupier for the time being of a community lot (or the occupiers
of a group of lots) the exclusive right to use a specified part of the common
property for the purpose or purposes stated in the by-law.
(2) Where the owner of
the lot is—
(a) a
secondary corporation, the by-law will, subject to any restriction or
limitation expressed in the by-law, operate for the benefit of the occupiers
of the secondary lots; and
(b) a
tertiary corporation, the by-law will, subject to any restriction or
limitation expressed in the by-law, operate for the benefit of the occupiers
of the tertiary lots.
(a) may
impose conditions in relation to the use of that part of the common property;
and
(b) may
impose requirements on the owner or occupier of the lot; and
(c)
without limiting paragraph (b), may require the owner of the lot to pay a
fee (whether periodically or not) to the community corporation or to the owner
or owners of another lot or lots.
(4) The occupier
cannot erect a building or install a fixture on the part of the common
property of which he or she has exclusive use or alter that part of the common
property in any other way without the approval of a special resolution of the
corporation.
(5) A
community corporation cannot make a by-law under this section without the
written consent of the owner of the lot (or the owners of the group of lots)
to which it relates.
(6) The benefits of a
by-law under this section apply for the benefit of subsequent occupiers of the
lot or lots concerned and the obligations imposed by a by-law under this
section attach to subsequent owners and occupiers of the lot or lots
concerned.
(7) The fee referred
to in subsection (3)(c) may be recovered as a debt and the owner of the
lot when the fee became payable and the succeeding owners of the lot are
jointly and severally liable for payment of the fee.