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COMMUNITY TITLE ACT 2001 - SCHEDULE 1

COMMUNITY TITLE ACT 2001 - SCHEDULE 1

Schedule 1     Default by-laws

(see s 48)

1.1     Duty to keep lot in good order and repair

    (1)     The owner of a lot must keep buildings and structural improvements on the lot in a state of good repair and to a standard in keeping with other buildings and structural improvements on the site.

    (2)     The owner must carry out any work in relation to the owner's lot that the owner is required to carry out by—

        (a)     the Territory; or

        (b)     a territory authority; or

        (c)     the body corporate.

    (3)     The owner of a lot must not, without the body corporate's written permission, make or allow a change to the exterior character, design or finish of buildings or structural improvements on the lot.

1.2     Duty to prevent nuisance

The occupier of a lot must not use the lot, or allow its use, in a way that causes a nuisance to the owner or occupier of another lot.

1.3     Duty to allow access for maintenance and repair of common property

    (1)     The body corporate is entitled to reasonable access to a lot to maintain, repair or replace common property.

    (2)     A person authorised by the body corporate may enter the lot for that purpose—

        (a)     after giving to the occupier of the lot reasonable notice of intention to exercise the rights of access; or

        (b)     in an emergency, without notice.

1.4     Duty to pay rates and taxes

The owner of a lot must pay all rates, taxes and charges payable in relation to the owner's lot.

1.5     Use of lots

    (1)     The occupier of a lot must not behave in a way likely to interfere with the reasonable use and enjoyment of another lot by the owner or occupier of another lot or the invitees of the owner or occupier of another lot.

    (2)     An owner or occupier of a lot must take reasonable steps to ensure that invitees do not behave in a way likely to interfere with the reasonable use or enjoyment of another lot by the owner or occupier of another lot or the invitees of the owner or occupier of another lot.

1.6     Duty to give information

The owner of a lot must give the body corporate written notice of any change in the ownership of the lot.

1.7     Animals and birds

    (1)     The owner of a lot must not keep, or permit to be kept, any animal or bird on the lot or the common property.

    (2)     This by-law does not apply to the keeping of an animal or bird if the body corporate has given the person keeping the animal or bird written permission to do so.

    (3)     Permission may be given subject to stated conditions.

    (4)     Permission may be withdrawn by resolution of the body corporate.

1.8     Body corporate's duties in relation to the common property

The body corporate must—

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

        (b)     establish and maintain (where appropriate) suitable lawns and gardens on the common property; and

        (c)     maintain the utility infrastructure in good and serviceable order and condition.