South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 111

111—Limitations on leasing of common property and lots

        (1)         A right to occupy the whole or a part of the common property to the exclusion of all or some of the owners or occupiers of the community lots—

            (a)         may be granted by the corporation pursuant to a unanimous resolution of the corporation; and

            (b)         must not be granted contrary to the scheme description.

        (2)         A right to occupy the whole or a part of the common property or a lot—

            (a)         must not be granted contrary to the by-laws; ¹ and

            (b)         in the case of the common property or a lot in a secondary scheme—must not be granted contrary to the by-laws of the primary scheme; and

            (c)         in the case of the common property or a lot in a tertiary scheme—must not be granted contrary to the by-laws of the primary or secondary scheme.

Explanatory Note—

1         The only restriction that the by-laws can impose in relation to the leasing or occupancy of a lot relates to short term occupancy—see section 37(2).