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UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 112A

Grant of special privileges in relation to common property

    (1)     The owners corporation may, by special resolution, make a rule granting a special privilege for a period of 3 months or more (a special privilege rule ) to—

        (a)     a unit owner; or

        (b)     someone else with an interest in a unit in the units plan.

    (2)     A special privilege rule must—

        (a)     only be made with the grantee's written consent; and

        (b)     must include a provision that states the maintenance requirement is the responsibility of 1 of the following:

              (i)     the owners corporation;

              (ii)     the grantee.

    (3)     A special privilege rule that states that the maintenance requirement is the responsibility of the grantee—

        (a)     must state the type and frequency of maintenance the grantee must undertake; and

        (b)     relieves the owners corporation of its obligations under section 24 (Maintenance obligations) to the extent the rule places this obligation on the grantee.

    (4)     A special privilege rule may be made to have effect for a specific period.

    (5)     A grantee must not unreasonably withhold consent mentioned in subsection (2).

    (6)     A special privilege rule that is registered is taken to have been validly made after a period of 2 years from the day the rule was made, or purportedly made, despite any defect or irregularity in relation to making the rule.

Note     A modification of the rules of the owners corporation must be registered with the registrar-general under the Land Titles (Unit Titles) Act 1970

, s 27A.



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