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 STRATA TITLES ACT 1985  (ACT 318)

Third Schedule
BY-LAWS FOR THE REGULATION OF SUBDIVIDED BUILDINGS

(Section 44 and 62)

PART I

1. Interpretation.
2. Duties of proprietor.
3. Common property for common benefit.
4. Provision of amenities or services.
5. Functions of the corporation.

PART II

6. Prohibitions for proprietor.

PART I

1. Interpretation.

(1) In the application of these by-laws to any particular subdivided building the word "corporation" shall mean the management corporation of the building.

(2) Except for paragraph (g) of by-law 2, references in these by-laws to a parcel proprietor however expressed, where the context so admits, in the case of a parcel occupied by a person who is not the parcel proprietor, shall be construed as including the occupier of that parcel.

2. Duties of proprietor.

(1) A parcel proprietor shall -

(a) permit the corporation and its agents at all reasonable times and on reasonable notice being given (except in the case of emergency when no notice is required) to enter his parcel for the purpose of-

(i) inspecting the parcel;

(ii) maintaining, repairing or renewing pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of any other parcel or the common property;

(iii) maintaining, repairing or renewing the common property; and

(iv) executing any work or doing any act reasonably necessary for or in connection with the performance of its duties or the enforcement of these by-laws affecting the building;

(b) forthwith carry out all the work ordered by any competent public or statutory authority in respect of his parcel other than such work for the benefit of the building generally, and pay all assessments, charges and outgoings which are payable in respect of his parcel;

(c) repair and maintain his parcel and keep it in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted;

(d) (Deleted by Act A753).

(e) not use or permit his parcel to be used in  such a manner or for such a purpose as to cause nuisance or danger to any other proprietor or the families of such a proprietor;

(f) not use his parcel contrary to the terms of use of the parcel shown in the plan approved by the relevant authority; and

(g) notify the corporation forthwith of any intended change in the proprietorship of his parcel or of any other dealing with his parcel of which he is aware, for entry in the strata roll maintained by the corporation for this purpose.

(2) A proprietor shall use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof other proprietors or their families or visitors.

3. Common property for common benefit.

The corporation shall control, manage and administer the common property for the benefit of all the proprietor.

Provided that the corporation may, by agreement with a particular proprietor, grant him exclusive use and enjoyment of part of the common property or special privileges in respect of the common property or part of it.

4. Provision of amenities or services.

The corporation may make an agreement with a particular proprietor for the provision of amenities or services by the corporation to or in respect of his parcel.

5. Functions of the corporation.

The corporation shall -

(a) maintain in a state of good and serviceable repair, the fixtures and fittings (including lifts) existing on the lot and used or capable of being used in connection with the enjoyment of more than one parcel or the common property;

(b) where practicable, establish and maintain suitable lawns and gardens on the common property;

(c) maintain, repair and (where necessary) renew sewers, pipes, wires, cables and ducts existing on the lot and used or capable of being used in connection with the enjoyment of more than one parcel or the common property;

(d) on the written request of a proprietor or of a registered chargee of a parcel, the corporation shall produce to the proprietor or  chargee, as the case may be (or to a person authorised in writing by the proprietor or chargee) all policies of insurance affected by the corporation together with the receipts for the last premiums paid in respect of the policies; and

(e) without delay enter in the strata roll any intended change or any other dealing notified to it pursuant to subparagraph (g) of paragraph (1) of by-law 2.

PART II

6. Prohibitions for proprietor.

A parcel proprietor shall not -

(a) use his parcel for any purpose (illegal or otherwise) which may be injurious to the reputation of the building;

(b) use as fuel any substance or material which may give rise to smoke or fumes or obnoxious smells;

(c) throw or allow to fall, any refuse or rubbish of any description on the common property or any part thereof except in refuse bins maintained by him or in refuse chutes provided in the building; or

(d) keep any animal in his parcel or on the common property which may cause annoyance to any other proprietor.

Links: | Part 1 | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part IXA | Part X | 1st Schedule | 2nd Schedule | 3rd Schedule | 4th Schedule |

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