sec.106Improvements to common property by owner of a lot— Act , s 159 [ SM, s 187 ]

sec.106 Improvements to common property by owner of a lot— Act , s 159 [ SM, s 187 ]

The body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot. The improvement must be authorised by ordinary resolution of the body corporate unless— the improvement is a minor improvement; and the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier. An authorisation may be given under this section on conditions the body corporate considers appropriate. An owner who is given an authority under this section— must comply with conditions of the authority; and must maintain the improvement made under the authority in good condition, unless excused by the body corporate. In this section— minor improvement means an improvement with an installed value of $3,000 or less. (sec.106-ssec.1) The body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot. (sec.106-ssec.2) The improvement must be authorised by ordinary resolution of the body corporate unless— the improvement is a minor improvement; and the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier. (sec.106-ssec.3) An authorisation may be given under this section on conditions the body corporate considers appropriate. (sec.106-ssec.4) An owner who is given an authority under this section— must comply with conditions of the authority; and must maintain the improvement made under the authority in good condition, unless excused by the body corporate. (sec.106-ssec.5) In this section— minor improvement means an improvement with an installed value of $3,000 or less.

• (a) the improvement is a minor improvement; and
• (b) the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and
• (c) the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.
• (a) must comply with conditions of the authority; and
• (b) must maintain the improvement made under the authority in good condition, unless excused by the body corporate.