New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 26

26 Creation or variation of easements, restrictions and positive covenants

(1) A body corporate may, pursuant to a special resolution:

(a) execute a dealing creating an easement which burdens the common property or a restriction on the use of land or a positive covenant which burdens the common property or the whole parcel,

(b) accept a dealing creating an easement which, or a restriction on the use of land or a positive covenant which, benefits the common property or the whole parcel,

(c) execute a dealing releasing or varying an easement which, or a restriction on the use of land or a positive covenant which, benefits the common property or the whole parcel, or

(d) accept a dealing releasing or varying an easement which burdens the common property or a restriction on the use of land or a positive covenant which burdens the common property or the whole parcel.

(2) Subsection (1) does not authorise a body corporate to execute or accept a dealing relating to common property the subject of a lease accepted or acquired by the body corporate under section 19 (2) that, apart from subsection (1), it is not entitled to execute or accept as a lessee or, by the terms of the lease, it is prevented from executing or accepting.

(3) A body corporate may, pursuant to a special resolution, join in or consent to the execution or acceptance of a dealing referred to in subsection (1) relating to common property under section 19 (2).