COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 58 Community association or precinct association may do certain work

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 58

58 Community association or precinct association may do certain work

(1) If the proprietor of a development lot does not do work on or in relation to the lot in accordance with a notice given to the proprietor by a public authority, the relevant association may do the work after giving the proprietor notice that it proposes to do so.

(2) If the proprietor, mortgagee or covenant chargee in possession, lessee or occupier of a development lot--

(a) is required to do work under a by-law relating to restricted property of a relevant association and fails to do the work, or

(b) is in breach of the duty imposed by section 110 and does not do work required to remedy the breach, or

(c) is in breach of the duty not to interfere with the passage or provision of services and does not do work required to remedy the breach,

the relevant association may do the work.

(3) If an order by an Adjudicator or the Tribunal to carry out work in relation to a development lot is not complied with, the relevant association may do the work.

(4) If, without any breach of duty referred to in subsection (2), there is a defect in the services within a development lot, the defect may be remedied by the relevant association at its own expense.

(5) Except where work is done under subsection (4), the relevant association may recover the cost of the work, as a debt, from the person who failed to do the work or from a subsequent proprietor of the lot.

(6) Subsection (5) does not apply to a subsequent proprietor who is absolved from payment because the debt was not disclosed in a certificate given under clause 2 of Schedule 4.

(7) In this section--


"relevant association" means--

(a) in relation to a community development lot--the community association, or

(b) in relation to a precinct development lot--the precinct association.

"subsequent proprietor" , in relation to a development lot, includes a precinct association, neighbourhood association or strata corporation constituted under a scheme to which the development lot has become subject.