South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 114

114—Contributions by owners of lots

        (1)         A community corporation must, in general meeting, fix the amount it requires by way of contributions from the owners of community lots.

        (2)         The amount must be fixed by an ordinary resolution of the corporation and not by the management committee.

        (3)         Subject to this Act, the share of an amount fixed under subsection (1) to be contributed by the owner of each lot is proportional to the lot entitlement of the lot unless otherwise provided by a unanimous resolution of the corporation.

        (4)         A corporation may, by ordinary resolution—

            (a)         permit contributions to be paid in instalments specified in the resolution;

            (b)         fix (in accordance with the regulations) interest payable in respect of a contribution, or an instalment of a contribution, that is in arrears.

        (5)         A contribution, or an instalment of a contribution, is payable on the day specified for payment in a notice served by the corporation on the owner of the lot.

        (6)         The notice must—

            (a)         include information required by regulation; and

            (b)         be served on the owner at least 14 days before the date for payment.

        (7)         Payment of a contribution, instalment or interest is enforceable jointly and severally against the owner or owners of the lot and the subsequent owner or owners of the lot.

        (8)         A contribution, instalment or interest may be recovered as a debt.

        (9)         Where a leaseback arrangement is in force, the lessee and not the owners of the lots that are subject to the leases comprising the leaseback arrangement must pay the amount of the contribution.

        (10)         If the community corporation carries out work at the request, or with the consent, of the owner of a lot and the work wholly or substantially benefits that lot to the exclusion of the other lots, the corporation may, subject to any agreement to the contrary, recover the cost of that work as a debt from the owner of the lot.

        (11)         Where a debt referred to in subsection (10) is recoverable from the owners of two or more lots, they are liable jointly and severally for the debt and are entitled to contribution amongst each other in proportion to their respective lot entitlements.

        (12)         An amount paid by a person under this section is not recoverable by the person from the corporation when he or she ceases to be the owner of the lot.