Northern Territory Consolidated Acts

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UNIT TITLE SCHEMES ACT 2009 - SECT 29

Body corporate assets

    (1)     A body corporate asset of a scheme is property acquired and held by the body corporate.

Notes for subsection (1)

1     A body corporate asset cannot be the common property. See section 33(2).

2     A body corporate may acquire and incorporate lots and units into the common property. See section 35.

    (2)     Without limiting subsection (1), each of the following is a body corporate asset:

        (a)     a statutory easement that benefits the common property;

        (b)     an interest in a unit of the scheme that is leased to a service contractor or letting agent.

    (3)     A body corporate may hold property, as tenant in common, with the body corporate of another scheme.

    (4)     Except as provided by subsection (3), property cannot be a body corporate asset of more than 1 scheme.

    (5)     A body corporate may mortgage or create a charge over a body corporate asset only as provided by the management module.

    (6)     The right of the body corporate over the body corporate assets of a higher scheme is subject to the scheme statement of each higher scheme.



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