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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 30
By-laws
30 By-laws
(1) Except as provided in this section the by-laws set forth in schedule 3
shall be the by-laws in force in respect of each plan.
(2) Save where
otherwise provided in subsections (7) , (11) and (11A) a body corporate,
pursuant to a special resolution, may, for the purpose of the control,
management, administration, use or enjoyment of the lots and common property
the subject of the plan, make by-laws amending, adding to or repealing the
by-laws set forth in schedule 3 or any by-laws made under this subsection.
(3) An amendment of, addition to or repeal of the by-laws has no force or
effect until the registrar of titles has, pursuant to a notification in the
approved form lodged in the land registry by the body corporate, recorded the
notification on the registered plan.
(3A) The registrar of titles shall not
record a notification on the registered plan in relation to an amendment of,
addition to or repeal of the by-laws made more than 3 months prior to the
lodgement of the notification.
(4) A lease of a lot or common property shall
be deemed to contain an agreement by the lessee that the lessee will comply
with the by-laws for the time being in force.
(5) Without limiting the
operation of any other provision of this Act, the by-laws for the time being
in force bind the body corporate and the proprietors and any mortgagee in
possession (whether by himself, herself or any other person), lessee or
occupier, of a lot to the same extent as if the by-laws had been signed and
sealed by the body corporate and each proprietor and each such mortgagee,
lessee and occupier respectively and as if they contained mutual covenants to
observe and perform all the provisions of the by-laws.
(6) No by-law or any
amendment of or addition to a by-law shall be capable of operating to prohibit
or restrict the devolution of a lot or a transfer, lease, mortgage or other
dealing therewith or to destroy or modify any easement, service right or
service obligation implied or created by this Act.
(7) With the written
consent of the proprietor or proprietors of the lot or lots concerned, a
body corporate may, pursuant to a resolution without dissent make a by-law—
(a) conferring on the proprietor of a lot specified in the by-law, or on the
proprietors of the several lots so specified— (i) the exclusive use and
enjoyment of; or
(ii) special privileges in respect of;
the whole or any part
of the common property, upon conditions (including the payment of money at
specified times or as required by the body corporate, by the proprietor or
proprietors of the lot or several lots) specified in the by-law; or
(b)
amending, adding to or repealing a by-law made in accordance with this
subsection.
(7A) A by-law referred to in subsection (7) shall either provide
that— (a) the body corporate shall continue to be responsible to carry out
its duties pursuant to section 37 (1) (b) and (c) , at its own expense; or
(b) the proprietor or proprietors of the lot or lots concerned shall be
responsible for, at the proprietor’s or proprietors’ expense, the
performance of the duties of the body corporate referred to in paragraph (a) ;
and in the case of a by-law that confers rights or privileges on more than 1
proprietor, any money payable by virtue of the by-law by the proprietors
concerned— (c) to the body corporate; or
(d) to any person for or towards
the maintenance or upkeep of any common property;
shall, except to the extent
that the by-law otherwise provides, be payable by the proprietors concerned
proportionately according to the relevant proportions of their respective
lot entitlements.
(7AA) If a by-law does not provide as required by
subsection (7A) (a) or (b) , the proprietor or proprietors shall be
responsible at his, her or their own expense, for the duties of the
body corporate referred to in subsection (7A) (a) .
(7B) A by-law made
pursuant to subsection (7) — (a) need not identify or define the
common property the subject of the grant of exclusive use and enjoyment or
special privileges provided that the by-law prescribes a method of identifying
or defining the common property; and
(b) may authorise a person (including
the original proprietor or the original proprietor’s agent) to identify or
define the common property and to allocate such identified or defined area of
common property to the respective proprietors of each lot who are entitled by
the by-law to the grant of exclusive use and enjoyment or special privileges;
and
(c) may authorise the transposition of an identified or defined area of
common property from one proprietor of a lot to another proprietor of a lot at
any time and from time to time on receipt of written notice to the
body corporate from both such proprietors.
(7C) The notification on the
registered plan referred to in subsection (7D) shall be given forthwith by the
body corporate on receipt of a written request from the person referred to in
subsection (7B) (b) or the proprietors referred to in subsection (7B) (c) .
(7D) Neither the allocation of identified or defined common property nor any
variation or transposition in relation thereto (which occurs after the
commencement of the Building Units and Group Titles Act Amendment Act 1990 ,
other than sections 1 and 2 ) has any force or effect until the
registrar of titles has, pursuant to a notification in the approved form
lodged in the land registry by the body corporate, recorded the notification
on the registered plan.
(7E) The registrar of titles shall not record a
notification on the registered plan in relation to an allocation of identified
or defined common property or any variation or transposition in relation
thereto (not being an allocation of identified or defined common property or
any variation or transposition in relation thereto which occurred prior to the
commencement of the Building Units and Group Titles Act Amendment Act 1990 ,
other than sections 1 and 2 ) which occurred more than 3 months prior to the
lodgement of the notification.
(8) A by-law referred to in subsection (7)
shall, while it remains in force, enure as appurtenant to, and for the benefit
of, and (subject to section 40 (4) ) is binding upon, the proprietor or
proprietors for the time being of the lot or lots specified in the by-law.
(9) To the extent to which such a by-law makes a proprietor directly
responsible for the duties of the body corporate referred to in subsection
(7A) (a) , it discharges the body corporate from the performance of those
duties.
(9A) Where a person becomes a proprietor of a lot at a time when,
pursuant to a by-law, another person is liable to pay money to the
body corporate, the person who so becomes proprietor is, subject to section 40
(4) , jointly and severally liable with the other person to pay the money to
the body corporate.
(10) Any moneys payable by a proprietor to the
body corporate under a by-law referred to in subsection (7) may be recovered,
as a debt, by the body corporate in any court of competent jurisdiction.
(11)
Where an order made under part 5 , division 3 has effect as if its terms were
a by-law, a by-law may vary or nullify the effect thereof.
(11A) However,
such by-law shall be made pursuant to a resolution without dissent.
(12) A
by-law which, but for this section, would have effect to prohibit or
restrict— (a) the keeping on a lot of a guide, hearing or assistance dog
used by a proprietor or occupier of a lot who is a person with a disability
who relies on a guide, hearing or assistance dog; or
(b) the use of a guide,
hearing or assistance dog on a lot or common property by a person with a
disability who relies on a guide, hearing or assistance dog;
shall, to the
extent of that prohibition or restriction, have no force or effect.
(12A) For
the purposes of subsection (12) —
"assistance dog" ,
"disability" ,
"guide dog" and
"hearing dog" have the meanings respectively assigned to them under the
Guide, Hearing and Assistance Dogs Act 2009 .
(13) Subject to subsection (12)
, each by-law in force in respect of a plan immediately before the
commencement of the Building Units and Group Titles Act Amendment Act 1988 ,
section 19 shall, notwithstanding the commencement of that section, continue
to be a by-law in force in respect of that plan except to the extent of any
subsequent amendment or addition thereto or repeal thereof pursuant to this
section.
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