(2)
Subsection (1) applies even though, under the Land Title Act , the registrar
creates an indefeasible title for the common property for a
community titles scheme.
(3) An owner’s interest in a lot is inseparable
from the owner’s interest in the common property.
Examples—
1 A dealing
affecting the lot affects, without express mention, the interest in the
common property.
2 An owner can not separately deal with or dispose of the
owner’s interest in the common property.
(4) If the occupier of a lot is
not the lot’s owner, a right the owner has under this Act to the occupation
or use of common property is enjoyed by the occupier.
(6) If a body corporate is authorised under this Act to
enter into a transaction affecting common property, it may enter into the
transaction, and execute documents related to the transaction, in its own
name, as if it were the owner of an estate of fee simple in the
common property.