COMMUNITY TITLE ACT 2001 - SECT 53 Breach of by-laws—remedy

COMMUNITY TITLE ACT 2001 - SECT 53

    (1)     If the owner or an occupier of a lot in a community title scheme breaches the by-laws of the scheme by an act or omission, the body corporate may serve on the owner or occupier written notice giving particulars of the breach and requiring the owner or occupier to remedy the breach within a reasonable time stated in the notice.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (2)     If the person on whom the notice is served fails to remedy the breach within the time stated in the notice, the body corporate may remedy the breach itself.

Note     If the body corporate remedies the breach, it may recover the cost of doing so from the owner or occupier concerned (see s 37 (Recovery of expenditure resulting from member's etc default)).