(2) For common property other than common property for which an
entity other than the body corporate is the occupier, the body corporate may
sue and be sued as if the body corporate were the occupier.
Example—
If a
person is injured while on the common property (other than common property for
which an entity other than the body corporate is the occupier), an action
claiming failure by the occupier to exercise a proper standard of care lies
against the body corporate.
(3) If, before a community titles scheme is
established, a contract is entered into to have work carried out on land that
becomes scheme land—
(a) the body corporate is, on the establishment of the
scheme, subrogated to the rights (if any) of the original owner under the
contract to the extent that the contract applies to work affecting scheme land
that is common property; and
(b) a lot owner is, on the establishment of the
scheme, subrogated to the rights (if any) of the original owner under the
contract to the extent that the contract applies to work affecting scheme land
that is the lot.