COMMUNITY TITLE ACT 2001 - SECT 37 Recovery of expenditure resulting from member's etc default
COMMUNITY TITLE ACT 2001 - SECT 37
Recovery of expenditure resulting from member's etc default(1) This section applies if a body corporate has, in carrying out its functions, incurred expense, or carried out any work, that is necessary because of—
(a) a wilful or negligent act or omission of a member of the community title scheme, or an occupier of the member's lot; or
(b) a breach of its by-laws by a member of the community title scheme, or an occupier of the member's lot.
(2) The amount of the expense, or the amount spent on the cost of the work, is recoverable by the body corporate from the member as a debt.
(3) If a body corporate receives or recovers an amount under subsection (2) from a member of the community title scheme for an act, omission or breach of an occupier of the member's lot, the member may recover the amount from the occupier as a debt.
(4) In this section:
"work" carried out by a body corporate means maintenance or anything else the body is authorised or required under this Act to do.