New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 30

30 Creation or variation of easements, restrictions and positive covenants

(1973 Act, s 26)

(1) Subject to subsection (4), a body corporate may, pursuant to a special resolution:

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

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

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

(d) accept a dealing releasing or varying an easement which burdens the leasehold estate in the common property or a restriction on the use of land or a positive covenant which burdens the leasehold estate in the common property or the leasehold estates in 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 or sublease accepted or acquired by the body corporate under section 22 (2) that, apart from subsection (1), it is not entitled to execute or accept as a lessee or sublessee or, by the terms of the lease or sublease, it is prevented from executing or accepting.

(3) A body corporate (pursuant to a special resolution) or the lessor under the scheme, or both of them, may join in or consent to the execution or acceptance of a dealing referred to in subsection (1) relating to a lease or sublease accepted or acquired by the body corporate under section 22 (2).

(4) A dealing referred to in subsection (1) is not effective unless the lessor has consented in writing to the execution or acceptance of the dealing by the body corporate.

(5) A body corporate (pursuant to a special resolution) and the lessor under the scheme may:

(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 or a restriction on the use of land which benefits the common property or the whole parcel,

(c) execute a dealing releasing or varying an easement or a restriction on the use of land 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 the whole parcel.

(6) Subsection (5) does not authorise a body corporate or the lessor under the scheme:

(a) to execute or accept a dealing relating to:

(i) common property the subject of a lease accepted or acquired by the body corporate under section 22 (2), unless the lessor under the scheme is the lessor under the lease, or

(ii) common property the subject of a sublease, or

(b) to execute or accept any such dealing contrary to the terms of the lease or sublease concerned or any other agreement entered into by either of them.