Div 4Common property

Division 4—Common property 28—Common property (1) The common property created by a community plan comprises— (a) those parts of the community parcel that do not comprise or form part of a lot; and (b) the service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot); and (c) in the case of a strata plan—those parts of the building that are not part of a lot; and (d) any building that is not for the exclusive use of a lot and was erected before the deposit of the community plan; and (e) any building erected by the developer or the community corporation as part of the common property; and (f) any other building on the community parcel that has been committed to the care of the community corporation as part of the common property. (2) The common property may be used for any lawful purpose including a commercial purpose. (3) Any income arising from the use of the common property must be paid into the administrative fund or the sinking fund. (4) If a plan of community division indicates that members of the public have access to the common property, or a part of it, then members of the public are entitled to use the common property, or the relevant part of it, in accordance with the by-laws. (5) Despite any Act or law to the contrary, uninterrupted use by the public of common property under subsection (4) does not vest the public or any local or State government authority any rights in respect of the common property. 29—Vesting of the common property (1) The common property of a community parcel is vested in fee simple as tenants in common in the owners for the time being of the community lots in shares proportionate to the lot entitlements of their respective lots. (2) If a primary parcel has been divided into primary and secondary lots or primary, secondary and tertiary lots, the common property of the primary parcel is vested in fee simple as tenants in common in the owners for the time being of the primary and secondary lots or the primary, secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots. (3) If a secondary parcel has been divided into secondary and tertiary lots, the common property of the secondary parcel is vested in fee simple as tenants in common in the owners for the time being of the secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots. (4) An owner's interest in a lot is inseparable from his or her interest in the common property and accordingly— (a) a dealing affecting the lot affects, without express reference, the interest in the common property in the same manner and to the same extent; and (b) the owner of a lot cannot separately deal with or dispose of the interest in the common property. (5) If the community corporation is authorised by or under this Act to enter into a transaction affecting the common property, it may enter into the transaction and execute documents related to the transaction, in its own name, as if it were the owner of an estate in fee simple in the common property. (6) A community corporation may sue and be sued for rights and liabilities related to the common property as if it were the owner and occupier of the common property.