South Australian Current Acts

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75—Functions and powers of corporations

        (1)         The functions of a corporation are—

            (a)         to administer, manage and control the common property for the benefit of the owners of the community lots; and

            (b)         to maintain the common property and the property of the corporation in good order and condition; and

            (c)         where practicable, to establish and maintain lawns or gardens on those parts of the common property not required or used for any other purpose; and

            (d)         to enforce the by-laws and the development contracts (if any); and

            (e)         to carry out the other functions assigned to it by this Act or conferred on it by the by-laws.

        (2)         Subject to this section, a community corporation has all the powers of a natural person for the purpose of carrying out its functions as well as the powers conferred by the other provisions of this Act.

        (3)         A corporation's decision to erect a building on, or to make any other improvements to, the common property (other than those referred to in subsection (1)(c)) must be made by special resolution.

        (4)         A corporation's power to carry on business is limited to—

            (a)         activities necessary or desirable to carry out its functions; and

            (b)         investment of money held by it that is not immediately required in carrying out its functions in the same manner and subject to the same requirements as a trustee investing trust funds under the Trustee Act 1936 ; and

            (c)         use of the common property or the property of the corporation to produce income (but only if authorised by a unanimous resolution of the corporation).

        (5)         A community corporation can only delegate its functions or powers to the extent permitted by Division 1A.

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