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STRATA TITLES ACT 1985 - SECT 38

38 .         Power of strata company to carry out work

        (1)         Where a notice has been served on the proprietor of a lot by a public authority or local government requiring that proprietor to carry out any work on or in relation to that lot and the notice is not complied with, the strata company may carry out the work.

        (2)         Where a proprietor, mortgagee in possession, or occupier of a lot fails or neglects to carry out any work —

            (a)         required to be carried out by him under a term or condition of a by-law referred to in section 42(8); or

            (b)         necessary to remedy a breach of the duty imposed on him by section 11(2),

                the strata company may carry out that work.

        (3)         Where a proprietor, mortgagee in possession, or occupier of a lot fails or neglects to carry out any work on or in relation to that lot required to be carried out by order of a court or tribunal, the strata company may carry out the work specified in the order.

        (4)         Where the strata company carries out any work on or in relation to a lot or common property pursuant to subsection (1), other than work performed for the benefit of the building generally, or (2), it may, subject to section 43(4), recover the cost of so doing, as a debt in a court of competent jurisdiction —

            (a)         from the proprietor, mortgagee in possession, or occupier referred to in subsection (1) or (2); or

            (b)         where the work is carried out pursuant to —

                  (i)         subsection (1) or (2)(b), from any person who, after the work is carried out, becomes the proprietor of the lot on or in relation to which the work was carried out; or

                  (ii)         subsection (2)(a), from any person who, after the work is carried out, becomes the proprietor of the lot in respect of which the by-law referred to in subsection (2)(a) was made.

        (5)         Where an order has been made to which subsection (3) refers and the order is not complied with, the strata company may recover from the person against whom the order was made the cost of carrying out the work, as a debt in a court of competent jurisdiction.

        (6)         Where —

            (a)         any part of a building comprised in a lot contains a structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or

            (b)         a defect occurs in any pipes, wires, cables or ducts referred to in section 11(2)(b) within a lot,

                and the defect is not due to any breach of the duty imposed on any person by section 11(2), the strata company may, at its own expense, carry out such work as is necessary to rectify the defect.

        [Section 38 amended: No. 14 of 1996 s. 4; No. 55 of 2004 s. 1119.]



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