South Australian Current Acts

STRATA TITLES ACT 1988 - SECT 28

28—Power to enforce duties of maintenance and repair

        (1)         A strata corporation may, by notice in writing to a unit holder, require the unit holder—

            (a)         to carry out specified work in pursuance of a duty of maintenance or repair imposed on the unit holder by the articles;

            (b)         to carry out specified work to remedy a breach of this Act or the articles on the part of the unit holder, a former unit holder, or an occupier or former occupier of the unit;

            (c)         to carry out specified work required to be carried out on the unit by a public authority or council.

        (2)         If the unit holder does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the strata corporation may (using such force as may be reasonably necessary in the circumstances) enter the unit and carry out the specified work.

        (3)         A power of entry must not be exercised under subsection (2) unless the unit holder and the occupier of the unit have been given at least 2 days notice in writing of the proposed entry.

        (3a)         Despite any other provision of this section, an officer of a strata corporation or a person or persons authorised by a strata corporation may, if satisfied that urgent action is necessary to avert a risk of death or injury or significant damage to property, enter a unit (using such force as may be reasonably necessary in the circumstances) and carry out such work as is reasonably necessary to deal with the risk.

        (3b)         A person proposing to enter a unit in accordance with subsection (3a) must give such notice (if any) to the unit holder and the occupier of the unit as he or she considers reasonable in the circumstances.

        (4)         Any cost reasonably incurred by the strata corporation in having work carried out under this section may be recovered as a debt from the unit holder.

        (5)         Where—

            (a)         the strata corporation recovers costs from a unit holder under subsection (4); and

            (b)         the circumstances out of which the work was required are attributable to the act or default of another person,

the unit holder may in turn recover those costs from that other person as a debt.