(1) If a notice
issued, or order made, under a written law has been served on the owner of a
lot requiring that owner to carry out any work on or in relation to that lot
and the notice or order is not complied with, the strata company may carry out
the work.
(2) A strata company
may carry out work that an owner or occupier of a lot fails or neglects to
carry out if the work is —
(a)
required to be carried out by that person under a term or condition of
exclusive use by-laws; or
(b)
necessary to remedy a contravention of a duty that the person has under a
statutory easement.
(3) If an owner or
occupier of a lot fails or neglects to carry out work on or in relation to
that lot required to be carried out by order of a court or tribunal, the
strata company may carry out the work specified in the order.
(4) If the strata
company carries out work under subsection (1), other than work performed for
the benefit of the scheme building generally, or under subsection (2), it may
recover the cost of so doing, as a debt in a court of competent jurisdiction
—
(a) from
the owner or occupier referred to in subsection (1) or (2); or
(b) if
the work is carried out under —
(i)
subsection (1), from a person who, after the work is
carried out, becomes the owner of the lot on or in relation to which the work
was carried out; or
(ii)
subsection (2), from a person who, after the work is
carried out, becomes the owner of the lot referred to in subsection (2).
(5) If an order has
been made to which subsection (3) refers and the order is not complied with,
the strata company may recover from the person against whom the order was made
the cost of carrying out the work, as a debt in a court of competent
jurisdiction.
(6) If any part of a
scheme building comprised in a lot contains a structural defect which affects
or is likely to affect the support or shelter provided by that lot for another
lot in that building or the common property and the defect is not due to any
contravention of a duty that a person has under a statutory easement, the
strata company may, at its own expense, carry out such work as is necessary to
rectify the defect.
[Section 94, formerly section 38, amended: No. 14
of 1996 s. 4; No. 55 of 2004 s. 1119; amended, renumbered as section 94 and
relocated: No. 30 of 2018 s. 51 and 84.]