NSWIn ForceAct
Community Land Management Act 2021
118Association may carry out work required to be carried out by others
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#### 118 Association may carry out work required to be carried out by others
118 Association may carry out work required to be carried out by others
> > (1) Application of section For the purposes of this section, the association that may carry out work on a lot is as follows—
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> > > (a) for a community development lot—the community association,
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> > > (b) for a precinct development lot—the precinct association,
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> > > (c) for a neighbourhood lot—the neighbourhood association.
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> > (2) Work required by public authority If the owner of a community development lot, precinct development lot or neighbourhood lot does not do work on or in relation to the lot in accordance with a notice given to the owner by a public authority, the association may carry out the work after giving the owner notice that it proposes to do so.
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> > (3) Work required to be carried out under term or condition of by-law If the owner, mortgagee or covenant chargee in possession, lessee or occupier of a community development lot, precinct development lot or neighbourhood lot is required to do work under a by-law relating to restricted property of the association and fails to carry out the work, the association may carry out the work.
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> > (4) Work that is duty of owner or occupier to carry out If the owner, mortgagee or covenant chargee in possession, lessee or occupier of a community development lot, precinct development lot or neighbourhood lot is in breach of a duty imposed by Part 8 and does not carry out the work required to remedy the breach, the association may carry out the work.
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> > (5) Work resulting from breach of duty not to interfere with services If the owner, mortgagee or covenant chargee in possession, lessee or occupier of a community development lot, precinct development lot or neighbourhood lot is in breach of the duty not to interfere with the passage or provision of services and does not carry out the work required to remedy the breach, the association may carry out the work.
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> > (6) Work required to be carried out under order If the owner, mortgagee or covenant chargee in possession, lessee or occupier of a community development lot, precinct development lot or neighbourhood lot fails to comply with an order to carry out work in relation to a lot, the association may carry out the work.
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> > (7) Recovery of costs as a debt The costs incurred by an association in carrying out work referred to in this section may be recovered by the association as a debt from the person who failed to carry out the work or from a subsequent owner of the lot.