STRATA TITLES ACT 1988 - SECT 44
STRATA TITLES ACT 1988 - SECT 44
44—Dealing with part of unit
(1) Subject to this
section, a unit holder may not enter into any dealing with a part of the unit
unless—
(a) the
dealing is to be effected by amendment to the strata plan; or
(b) the
dealing consists of the granting, surrendering or extinction of an easement.
(2) Subject to any
other law, a unit holder may grant a lease or licence over a part of a
unit—
(a) if
all of the units comprised in the strata scheme consist of non-residential
premises; or
(b)
where paragraph (a) does not apply—
(i)
if the lease or licence is granted to another
unit holder; or
(ii)
if the lease or licence is authorised by
unanimous resolution of the strata corporation (but no authorisation is
required in relation to a lease or licence over the whole of a unit).
(3) Where a
unit holder acts in contravention of this section—
(a) the
dealing is void and no instrument purporting to give effect to the dealing may
be lodged for registration; and
(b) the
unit holder is guilty of an offence.
Penalty: Division 8 fine.