(1) Subject to
subsection (1a), a person must not carry out prescribed work in relation
to a unit unless the person is authorised to do so—
(a)
where all of the units comprised in the strata scheme consist of
non-residential premises—under the articles of the strata corporation;
or
(b) in
any case—by special resolution of the strata corporation.
(1a)
Subsection (1) does not apply to—
(a)
prescribed work carried out in compliance with a direction under
section 23 of the Housing Improvement Act 1940 ; or
(b)
prescribed work carried out on a unit in a strata scheme consisting only of
2 units if the work is approved development under the
Planning, Development and Infrastructure Act 2016 .
(1b) Where a person
carries out prescribed work referred to in subsection (1a)(b), the
strata corporation may, by notice in writing to the owner of the unit, require
the owner to carry out, within a reasonable period fixed in the notice,
specified work to remedy any structural deficiency caused by the work.
(2) Where a person
acts in contravention of subsection (1), the strata corporation may, by
notice in writing to the unit holder, require him or her to carry out, within
a reasonable period fixed in the notice, specified work—
(a) to
remedy any structural deficiency caused by the work; or
(b) to
restore the unit to its previous state.
(6) In this
section—
"prescribed work" in relation to a unit means—
(a) the
erection, alteration, demolition or removal of a building or structure;
(b) the
alteration of the external appearance of a building or structure.