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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 55 Consequences of restricting use of association property

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 55

Consequences of restricting use of association property

55 Consequences of restricting use of association property

(1) While it remains in force, a by-law referred to in section 54 that restricts the use of association property operates as appurtenant to, and for the benefit of--
(a) any development lot, former development lot, neighbourhood lot or strata lot in respect of which it was made, and
(b) any association or strata corporation to which the use of the property is restricted, and
(c) the proprietor or occupier of any development lot, neighbourhood lot or strata lot to which the use of the property is restricted.
(2) The obligation of an association or strata corporation to maintain association property or common property in good condition is discharged to the extent, if any, that a by-law restricting the use of the property operates to waive the obligation.
(3) An amount of money that at any time--
(a) a proprietor is required to pay to an association or a strata corporation, or
(b) an association is required to pay to another association or a strata corporation, or
(c) a strata corporation is required to pay to an association,
under a by-law restricting the use of association property or common property is money that the person required to make the payment owes to the association or strata corporation in which the restricted property is vested.
(4) If a person becomes proprietor of a development lot, neighbourhood lot or strata lot when another person owes money under subsection (3) in respect of the lot, the new proprietor is jointly and severally liable under subsection (3) with the other person for payment of the money.
(5) Subsections (3) and (4) do not apply in relation to money owed that a person is absolved from paying because it was not disclosed in a certificate given under clause 2 of Schedule 4.