New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 136

136 Effect of association property rights by-laws

(1) An association property rights by-law, while it is in force, continues to operate for the benefit of, and is binding on, the following--

(a) the owner or occupier of a development lot, former development lot, neighbourhood lot or strata lot specified in the by-law,

(b) an association or strata corporation to which the use of the property is restricted or on which a privilege is conferred,

(c) the owner or occupier of a development lot, neighbourhood lot or strata lot to which the use of the property is restricted.

(2) An association property rights by-law must--

(a) provide that the association is to continue to be responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the association property or the relevant part of it, or

(b) impose on the owner or owners or associations or strata corporations to whom the use of the property or the relevant part of the property is restricted the responsibility for that maintenance and upkeep.

(3) To the extent to which an association property rights by-law makes a person directly responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, any association property, it discharges the association from its obligations to maintain and repair the property under this Act.

(4) If an owner, association or strata corporation is required at any time under an association property rights by-law to pay an amount to an association or strata corporation, the person required to make the payment owes the amount to the association or strata corporation in which the restricted property is vested.

(5) If a person becomes the owner of a development lot, neighbourhood lot or strata lot when, under an association property rights by-law or this section another person owes money in respect of the lot, the new owner is jointly and severally liable with the other person for payment of the money.

(6) Any money payable by an owner to the association or a strata corporation under a common property rights by-law or under subsection (5) may be recovered, as a debt in a court of competent jurisdiction, by the association or strata corporation.