(1) Where a notice has been served on the proprietor of a lot by a public
authority or local government requiring that proprietor to carry out work on
or in relation to that lot and the notice is not complied with the
body corporate may carry out the work.
(2) Where a proprietor, mortgagee in
possession, lessee or occupier of a lot fails or neglects to carry out work—
(a) required to be carried out by him or her under a term or condition of a
by-law referred to in section 30(7) ; or
(b) necessary to remedy a breach of
the duty imposed on him or her by section 51(1) (a) ;
(3) Where the body corporate carries out work on or in
relation to a lot or common property pursuant to subsection (1) or (2) , it
may, subject to section 40(4) , recover the cost of so doing, as a debt—
(a) from the proprietor, mortgagee in possession, lessee or occupier referred
to in subsection (1) or (2) ; or
(b) where the work is carried out pursuant
to—
(i) subsection (1) or (2) (b) —from any person who, after the work is
carried out, becomes the proprietor of the lot on or in relation to which the
work was carried out; or
(ii) subsection (2) (a) —from any person who,
after the work is carried out, becomes the proprietor of the lot in respect of
which the by-law referred to in subsection (2) (a) was made.
(4) Where an
order has been made under part 5 and the order is not complied with, the
body corporate may carry out any work specified in the order and recover from
the person against whom the order was made the cost of so doing, as a debt, in
any court of competent jurisdiction.
(5) Where—
(a) part of a building
comprised in a lot in a building units plan contains a structural defect which
affects or is likely to affect the support or shelter provided by that lot for
another lot in that building or the common property; or
(b) a defect occurs
in any pipes, poles, wires, cables or ducts referred to in section 51(1) (a)
(ii) within a lot;
and the defect is not due to any breach of the duty imposed
on any person by section 51(1) (a) , the body corporate shall, at its own
expense, carry out such work as is necessary to rectify the defect.
