South Australian Consolidated Acts

COMMUNITY TITLES ACT 1996 - SECT 34

34—By-laws

        (1)         The first by-laws of a community scheme are the by-laws filed with the community plan by the Registrar-General when depositing the plan in the Lands Titles Registration Office.

        (2)         The by-laws of a community scheme must—

            (a)         be in a form approved by the Registrar-General; and

            (b)         provide for the administration, management and control of the common property; and

            (c)         regulate the use and enjoyment of the common property; and

            (d)         regulate the use and enjoyment of the community lots to the extent necessary to give effect to the scheme description; and

            (e)         be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the by-laws certifying that the by-laws have been correctly prepared in accordance with this Act.

        (3)         A by-law may also—

            (a)         regulate—

                  (i)         the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or

                  (ii)         the maintenance and repair of buildings or other improvements on community lots; or

                  (iii)         landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or

            (b)         impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or

            (c)         regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots; or

            (d)         regulate such other matters as are permitted by this Act to be regulated by by-laws; or

            (e)         impose a penalty, not exceeding $500, for contravention of, or failure to comply with, a by-law.

        (4)         A by-law may confer discretionary powers on the community corporation or any other person.

        (5)         A by-law may apply to a particular lot or lots, to a class or classes of lots, or to lots generally.

        (6)         Notwithstanding section 29 of the Acts Interpretation Act 1915 , a fine recovered for contravention of, or failure to comply with, a by-law must be paid to the community corporation.