New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 134

134 Association property rights by-laws

(1) Definition In this Act, an
"association property rights by-law" is a by-law referred to in this section or a by-law that revokes or changes a by-law referred to in this section.

(2) Use of community property A by-law in a community management statement may--

(a) confer a right of exclusive use and enjoyment of the whole or a specified part of the community property on the owner or owners of 1 or more development lots, neighbourhood lots or strata lots within the community scheme or on 1 or more precinct associations, neighbourhood associations or strata corporations within the scheme, or

(b) confer special privileges in respect of the whole or a specified part of the community property on the owner or owners of 1 or more development lots, neighbourhood lots or strata lots within the community scheme or on 1 or more precinct associations, neighbourhood associations or strata corporations within the scheme.

Note--: An example of a special privilege might be a licence to use the whole or any specified part of the association property in a particular manner or for particular purposes.

(3) Use of precinct property A by-law in a precinct management statement may--

(a) confer a right of exclusive use and enjoyment of the whole or a specified part of the precinct property on the owner or owners of 1 or more development lots, neighbourhood lots or strata lots within the precinct scheme or on 1 or more precinct associations, neighbourhood associations or strata corporations within the scheme, or

(b) confer special privileges in respect of the whole or a specified part of the precinct property on the owner or owners of 1 or more development lots, neighbourhood lots or strata lots within the precinct scheme or on 1 or more neighbourhood associations or strata corporations within the scheme.

Note--: An example of a special privilege might be a licence to use the whole or any specified part of the association property in a particular manner or for particular purposes.

(4) Use of neighbourhood property A by-law in a neighbourhood management statement may--

(a) confer a right of exclusive use and enjoyment of the whole or a specified part of the neighbourhood property on the owner or owners of the neighbourhood lots within the neighbourhood scheme, or

(b) confer special privileges in respect of the whole or a specified part of the neighbourhood property on the owner or owners of 1 or more neighbourhood lots within the neighbourhood scheme.

Note--: An example of a special privilege might be a licence to use the whole or any specified part of the association property in a particular manner or for particular purposes.

(5) Use of subsidiary scheme property A by-law for a subsidiary scheme within a community scheme or a precinct scheme may confer a right of exclusive use and enjoyment of, or special privileges in respect of, association property or common property on 1 or more of the following--

(a) the owner or owners of 1 or more development lots within the community scheme or precinct scheme,

(b) the owner or owners of 1 or more precinct development lots, neighbourhood lots or strata lots within another subsidiary scheme,

(c) the community association,

(d) if the subsidiary scheme is part of a precinct scheme--the precinct association,

(e) a precinct association, neighbourhood association or strata corporation within another subsidiary scheme.