South Australian Current Acts South Australian Current Acts29—Vesting of the common property
(1) The common
property of a community parcel is vested in fee simple as tenants in common in
the owners for the time being of the community lots in shares proportionate to
the lot entitlements of their respective lots.
(2) If a
primary parcel has been divided into primary and secondary lots or primary,
secondary and tertiary lots, the common property of the primary parcel is
vested in fee simple as tenants in common in the owners for the time being of
the primary and secondary lots or the primary, secondary and tertiary lots in
shares proportionate to the lot entitlements of their respective lots.
(3) If a
secondary parcel has been divided into secondary and tertiary lots, the common
property of the secondary parcel is vested in fee simple as tenants in common
in the owners for the time being of the secondary and tertiary lots in shares
proportionate to the lot entitlements of their respective lots.
(4) An owner's
interest in a lot is inseparable from his or her interest in the common
property and accordingly—
(a) a
dealing affecting the lot affects, without express reference, the interest in
the common property in the same manner and to the same extent; and
(b) the
owner of a lot cannot separately deal with or dispose of the interest in the
common property.
(5) If the
community corporation is authorised by or under this Act to enter into a
transaction affecting the common property, it may enter into the transaction
and execute documents related to the transaction, in its own name, as if it
were the owner of an estate in fee simple in the common property.
(6) A
community corporation may sue and be sued for rights and liabilities related
to the common property as if it were the owner and occupier of the common
property.