sec.37Duties and powers of body corporate regarding property etc.

### sec.37 Duties and powers of body corporate regarding property etc. A body corporate shall— control, manage and administer the common property for the benefit of the proprietors; and where reasonably practicable, establish and maintain suitable lawns and gardens on the common property; and subject to section 37A , properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof)— the common property; and any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised on the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot; and any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of any other lot or of the common property; and each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and any personal property vested in the body corporate; and cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the body corporate clearly shown thereon. A body corporate may— enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the proprietor or occupier thereof; and acquire and hold any personal property; and enter into hiring agreements and leasing arrangements; and accept or acquire a lease, licence or permit for the purposes of providing moorings for vessels; and accept and deal with a lease, licence or permit that may be issued or granted under the Land Act 1994 to any person in respect of any unallocated State land, road or reserve which abuts on the parcel; and make or cause to be made improvements to the common property where— in any one case, the cost of the improvements does not exceed the prescribed amount; or the body corporate by resolution without dissent so resolves; or the body corporate resolves in general meeting that the improvements are considered to be essential for the health, safety or security of users of the common property and the referee makes an order approving the making of the improvements. For the purposes of the application of the Land Act 1994 the body corporate shall be deemed to be the holder or the registered proprietor in fee simple of the land comprising the parcel. Any unallocated State land, road or reserve referred to in subsection (2) (f) is additional common property. s 37 sub 1988 No. 23 s 25 (as amd by 1990 No. 87 s 14 ) amd 1990 No. 87 s 15 ; 2022 No. 28 s 48 sch 1 (sec.37-ssec.1) A body corporate shall— control, manage and administer the common property for the benefit of the proprietors; and where reasonably practicable, establish and maintain suitable lawns and gardens on the common property; and subject to section 37A , properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof)— the common property; and any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised on the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot; and any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of any other lot or of the common property; and each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and any personal property vested in the body corporate; and cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the body corporate clearly shown thereon. (sec.37-ssec.2) A body corporate may— enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the proprietor or occupier thereof; and acquire and hold any personal property; and enter into hiring agreements and leasing arrangements; and accept or acquire a lease, licence or permit for the purposes of providing moorings for vessels; and accept and deal with a lease, licence or permit that may be issued or granted under the Land Act 1994 to any person in respect of any unallocated State land, road or reserve which abuts on the parcel; and make or cause to be made improvements to the common property where— in any one case, the cost of the improvements does not exceed the prescribed amount; or the body corporate by resolution without dissent so resolves; or the body corporate resolves in general meeting that the improvements are considered to be essential for the health, safety or security of users of the common property and the referee makes an order approving the making of the improvements. (sec.37-ssec.3) For the purposes of the application of the Land Act 1994 the body corporate shall be deemed to be the holder or the registered proprietor in fee simple of the land comprising the parcel. (sec.37-ssec.4) Any unallocated State land, road or reserve referred to in subsection (2) (f) is additional common property. - (a) control, manage and administer the common property for the benefit of the proprietors; and - (b) where reasonably practicable, establish and maintain suitable lawns and gardens on the common property; and - (c) subject to section 37A , properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof)— (i) the common property; and (ii) any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised on the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot; and (iii) any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of any other lot or of the common property; and (iv) each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and (v) any personal property vested in the body corporate; and - (i) the common property; and - (ii) any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised on the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot; and - (iii) any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of any other lot or of the common property; and - (iv) each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and - (v) any personal property vested in the body corporate; and - (d) cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the body corporate clearly shown thereon. - (i) the common property; and - (ii) any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised on the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot; and - (iii) any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of any other lot or of the common property; and - (iv) each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and - (v) any personal property vested in the body corporate; and - (a) enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the proprietor or occupier thereof; and - (b) acquire and hold any personal property; and - (d) enter into hiring agreements and leasing arrangements; and - (e) accept or acquire a lease, licence or permit for the purposes of providing moorings for vessels; and - (f) accept and deal with a lease, licence or permit that may be issued or granted under the Land Act 1994 to any person in respect of any unallocated State land, road or reserve which abuts on the parcel; and - (g) make or cause to be made improvements to the common property where— (i) in any one case, the cost of the improvements does not exceed the prescribed amount; or (ii) the body corporate by resolution without dissent so resolves; or (iii) the body corporate resolves in general meeting that the improvements are considered to be essential for the health, safety or security of users of the common property and the referee makes an order approving the making of the improvements. - (i) in any one case, the cost of the improvements does not exceed the prescribed amount; or - (ii) the body corporate by resolution without dissent so resolves; or - (iii) the body corporate resolves in general meeting that the improvements are considered to be essential for the health, safety or security of users of the common property and the referee makes an order approving the making of the improvements. - (i) in any one case, the cost of the improvements does not exceed the prescribed amount; or - (ii) the body corporate by resolution without dissent so resolves; or - (iii) the body corporate resolves in general meeting that the improvements are considered to be essential for the health, safety or security of users of the common property and the referee makes an order approving the making of the improvements.