Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.175Easements over common property—unexecuted document
Start here
Get a plain-English read of sec.175
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management (Small Schemes Module) Regulation 2020.
sec.175 Easements over common property—unexecuted document
This section applies if— before the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a). New section 104 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction. s 175 ins 2024 SL No. 40 s 49 (sec.175-ssec.1) This section applies if— before the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a). (sec.175-ssec.2) New section 104 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.
- (a) before the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and
- (b) immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a).