South Australian Consolidated Acts

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STRATA TITLES ACT 1988 - SECT 28

28—Power to enforce duties of maintenance or repair

        (1)         A strata corporation may, by notice in writing to a unit holder, require the unit holder

            (a)         to carry out specified work in pursuance of a duty of maintenance or repair imposed on the unit holder by the articles;

            (b)         to carry out specified work to remedy a breach of this Act or the articles on the part of the unit holder, a former unit holder, or an occupier or former occupier of the unit;

            (c)         to carry out specified work required to be carried out on the unit by a public authority or council.

        (2)         If the unit holder does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the strata corporation may (using such force as may be reasonably necessary in the circumstances) enter the unit and carry out the specified work.

        (3)         A power of entry must not be exercised under subsection (2) unless the unit holder has been given reasonable notice of the proposed entry.

        (4)         Any cost reasonably incurred by the strata corporation in having work carried out under this section may be recovered as a debt from the unit holder.

        (5)         Where—

            (a)         the strata corporation recovers costs from a unit holder under subsection (4); and

            (b)         the circumstances out of which the work was required are attributable to the act or default of another person,

the unit holder may in turn recover those costs from that other person as a debt.



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