sec.104Easements over common property— Act , s 155 [ SM, s 185 ]

sec.104 Easements over common property— Act , s 155 [ SM, s 185 ]

This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property. The body corporate may, if authorised by a resolution without dissent— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property. An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the resolution, or resolutions, signed by— if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or otherwise— the secretary and the treasurer of the committee; or if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme. If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions. In this section— representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner. s 104 amd 2024 SL No. 40 s 43 (sec.104-ssec.1) This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property. (sec.104-ssec.2) The body corporate may, if authorised by a resolution without dissent— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property. (sec.104-ssec.3) An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the resolution, or resolutions, signed by— if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or otherwise— the secretary and the treasurer of the committee; or if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme. (sec.104-ssec.4) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions. (sec.104-ssec.5) In this section— representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.