sec.33Disposal of interest in and leasing or licensing of common property— Act , s 154

sec.33 Disposal of interest in and leasing or licensing of common property— Act , s 154

This section sets out the way and the extent that the body corporate is authorised— to sell or otherwise dispose of common property; and to grant or amend a lease or licence over common property. The body corporate may, if authorised by a lot owner agreement— sell or otherwise dispose of part of the common property; or grant or amend a lease or licence over part or the whole of the common property. The body corporate must not lease or license common property if the lease or licence would interfere with access to a lot, or to a part of the common property over which exclusive rights have been given under a by-law. An instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by— a relevant certificate certifying the transaction has been authorised under this section; and a certificate of the relevant planning body certifying the transaction has been approved or noted as required under the relevant Planning Act; and if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the specified two-lot scheme in the place of the existing statement for the scheme. The body corporate may not grant a lease or licence over utility infrastructure that is common property. If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate. In this section— relevant certificate means a certificate signed by— the owner of each lot; or the owner of a lot and a representative of the owner of the other lot; or a representative of the owner of each lot; or if all the lots in the community titles scheme are in identical ownership—an owner or a representative of the owner. relevant Planning Act means— if the relevant planning body for the specified two-lot scheme is MEDQ—the Economic Development Act 2012 ; or if the relevant planning body for the specified two-lot scheme is the local government—the Sustainable Planning Act 2009 . relevant planning body , for a specified two-lot scheme, means— to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area. s 33 amd 2013 SL No. 2 s 14 ; 2024 SL No. 40 s 51 (sec.33-ssec.1) This section sets out the way and the extent that the body corporate is authorised— to sell or otherwise dispose of common property; and to grant or amend a lease or licence over common property. (sec.33-ssec.2) The body corporate may, if authorised by a lot owner agreement— sell or otherwise dispose of part of the common property; or grant or amend a lease or licence over part or the whole of the common property. (sec.33-ssec.3) The body corporate must not lease or license common property if the lease or licence would interfere with access to a lot, or to a part of the common property over which exclusive rights have been given under a by-law. (sec.33-ssec.4) An instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by— a relevant certificate certifying the transaction has been authorised under this section; and a certificate of the relevant planning body certifying the transaction has been approved or noted as required under the relevant Planning Act; and if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the specified two-lot scheme in the place of the existing statement for the scheme. (sec.33-ssec.5) The body corporate may not grant a lease or licence over utility infrastructure that is common property. (sec.33-ssec.5A) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate. (sec.33-ssec.6) In this section— relevant certificate means a certificate signed by— the owner of each lot; or the owner of a lot and a representative of the owner of the other lot; or a representative of the owner of each lot; or if all the lots in the community titles scheme are in identical ownership—an owner or a representative of the owner. relevant Planning Act means— if the relevant planning body for the specified two-lot scheme is MEDQ—the Economic Development Act 2012 ; or if the relevant planning body for the specified two-lot scheme is the local government—the Sustainable Planning Act 2009 . relevant planning body , for a specified two-lot scheme, means— to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area.