South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 146

146—Entry onto lot or common property

        (1)         Where the owner of a lot needs to enter another lot or the common property, or the community corporation needs to enter a lot, in order to exercise rights under an easement for the establishment, maintenance and repair of part of the service infrastructure—

            (a)         the owner or the corporation must give notice to the owner of the lot to be entered; or

            (b)         where it is necessary to enter the common property, the owner must give notice to the corporation.

        (2)         Notice is unnecessary—

            (a)         in an emergency if there is insufficient time to give notice; or

            (b)         if the owner of the lot to be entered dispenses with the requirement for notice; or

            (c)         if, in the case of entry to the common property—

                  (i)         the owner has the right to enter; or

                  (ii)         the corporation has dispensed with the requirement for notice.

        (3)         The length of the notice must be reasonable in the circumstances of the particular case.

        (4)         If notice is not given (in an emergency) or the period of the notice has expired and it is not possible for the owner or the corporation, or a person acting on his, her or its behalf, to gain entry without using force, the person wishing to enter may use such force as is reasonable in the circumstances.

        (5)         Any damage caused by the use of force must be made good as soon as practicable by the owner or corporation entering the lot or common property unless the need for force was the result of an unreasonable act or omission on the part of the owner of the lot that was entered or, in the case of entry to the common property, on the part of the corporation.

        (6)         In an emergency the owner or occupier of a lot may enter another lot or the common property to assist a person on the lot or common property or to prevent or reduce damage to the lot or another lot or to the common property.

        (7)         A person who uses force when entering a lot or the common property or a building on a lot or the common property under subsection (6) is not liable for the damage caused if he or she acted reasonably in the circumstances.

        (8)         Where a primary scheme includes a secondary scheme or a secondary and tertiary scheme, a reference in this section to a lot or common property is a reference to a lot or common property in the primary, secondary or tertiary scheme.

        (9)         A person who is entitled under an Act or any other law to enter a lot is entitled where reasonably necessary to enter the common property in order to gain access to the lot.