Queensland Subordinate Legislation as Made

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BODY CORPORATE AND COMMUNITY MANAGEMENT (COMMERCIAL MODULE) REGULATION 2008 No. 271 - SECT 129

129 Conditions and obligations under exclusive use by-law [SM, s 173]

(1) If the owner of a lot included in the community titles scheme to whom rights are in the first instance given under an exclusive use by-law agrees in writing, the by-law may impose conditions (that may include conditions requiring the owner to make a payment or periodic payments to the scheme's body corporate or the owners of lots included in the scheme, or both).

(2) An exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance and operating costs, to make the owner of the lot to whom exclusive use or other rights are given responsible for the maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies.

Example of operating cost for part of common property--
cost of providing lighting to the part of common property

(3) However, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for--

(a) maintaining in good condition roofing membranes that--
(i) are on the part of the common property to which the by-law applies; and
(ii) provide protection for lots or common property; or
(b) maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner--
(i) foundation structures;
(ii) roofing structures providing protection;
(iii) essential supporting framework, including load-bearing walls.


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