South Australian Current Acts

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COMMUNITY TITLES ACT 1996 - SECT 37

37—Restrictions on making of by-laws

        (1)         Subject to subsection (2), a by-law cannot—

            (a)         prohibit or restrict the transfer, transmission, leasing (including the granting of a right of occupation) or mortgaging of, or other dealing with, a lot; or

            (b)         impose a monetary obligation on the owner or occupier of a lot except where the by-law provides for the exclusive use of part of the common property; or

            (c)         prevent access by the owner or occupier or other person to a lot; or

            (d)         prevent an occupier of a lot who has a disability from keeping a relevant animal on the lot or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability; or

            (e)         prevent a visitor to the community parcel who has a disability from using a relevant animal trained to assist the visitor in respect of the disability.

        (2)         A by-law may—

            (a)         prohibit or restrict the owner of a lot from leasing or granting rights of occupation in respect of the lot for valuable consideration for a period of less than 2 months; or

            (b)         impose a monetary obligation on the owner of a lot in relation to the payment of an insurance premium, where the by-laws authorise or require the community corporation to act as agent for the owner in arranging the policy of insurance.

        (3)         In this section—

"assistance animal" has the same meaning as in the Equal Opportunity Act 1984 ;

"relevant animal" means an assistance animal or a therapeutic animal;

"therapeutic animal" has the same meaning as in section 88A of the Equal Opportunity Act 1984 .



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