sec.139Principal body corporate

sec.139 Principal body corporate

Upon registration of the first plan of subdivision creating a lot or lots within a residential precinct, the proprietor or proprietors of all the land within the residential precincts shall by virtue of this Act be a body corporate under the name ‘(insert name of development specified in the approval of the scheme) Principal Body Corporate’. When an initial lot is subdivided into secondary lots (whether or not lots for secondary thoroughfares are thereby created), the proprietor of the initial lot shall cease to be a member of the principal body corporate and the proprietor or proprietors of the secondary lots shall become a member or, as the case may be, members of the principal body corporate. When a secondary lot is subdivided by way of a group titles plan or a building units plan, the proprietor of the secondary lot— shall give notice in writing to the principal body corporate of the name and address for service of notices of the body corporate incorporated by the registration of that plan; and shall cease to be a member of the principal body corporate in so far as the proprietor was a member by virtue of being proprietor of that secondary lot; and the body corporate created by the registration of that plan shall become a member of the principal body corporate. Subdivision or resubdivision of a lot or of a lot and common property on a group titles plan by way of a building units plan or a group titles plan does not affect the membership of the principal body corporate. The Corporations Act does not apply to or in respect of the principal body corporate. Subject to this Act, the principal body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act or the development control by-laws and shall do all things reasonably necessary for the enforcement of the development control by-laws, the secondary thoroughfare by-laws and the control, management and administration of the secondary thoroughfares. The principal body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the principal body corporate by-laws (if any) for the time being in force. The principal body corporate may— sue and be sued on any contract made by it; and sue for and in respect of any damage or injury to the secondary thoroughfares caused by any person; and be sued in respect of any matter connected with the secondary thoroughfares for which as proprietor it is so liable; and take such legal action as may be necessary to enforce the development control by-laws and the secondary thoroughfare by-laws. In any case in which work is carried out for the purpose of constructing or preparing a secondary thoroughfare, upon registration of the initial plan or plans of subdivision, the principal body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. Nothing in subsection (9) shall relieve the applicant from the applicant’s obligation to pay for the initial construction of secondary thoroughfares to the standard prescribed pursuant to section 89 . s 139 amd 1993 No. 46 s 3 sch ; 2001 No. 45 s 29 sch 3 ; 2004 No. 53 s 2 sch (sec.139-ssec.1) Upon registration of the first plan of subdivision creating a lot or lots within a residential precinct, the proprietor or proprietors of all the land within the residential precincts shall by virtue of this Act be a body corporate under the name ‘(insert name of development specified in the approval of the scheme) Principal Body Corporate’. (sec.139-ssec.2) When an initial lot is subdivided into secondary lots (whether or not lots for secondary thoroughfares are thereby created), the proprietor of the initial lot shall cease to be a member of the principal body corporate and the proprietor or proprietors of the secondary lots shall become a member or, as the case may be, members of the principal body corporate. (sec.139-ssec.3) When a secondary lot is subdivided by way of a group titles plan or a building units plan, the proprietor of the secondary lot— shall give notice in writing to the principal body corporate of the name and address for service of notices of the body corporate incorporated by the registration of that plan; and shall cease to be a member of the principal body corporate in so far as the proprietor was a member by virtue of being proprietor of that secondary lot; and the body corporate created by the registration of that plan shall become a member of the principal body corporate. (sec.139-ssec.4) Subdivision or resubdivision of a lot or of a lot and common property on a group titles plan by way of a building units plan or a group titles plan does not affect the membership of the principal body corporate. (sec.139-ssec.5) The Corporations Act does not apply to or in respect of the principal body corporate. (sec.139-ssec.6) Subject to this Act, the principal body corporate shall have the powers, authorities, duties and functions conferred or imposed on it by or under this Act or the development control by-laws and shall do all things reasonably necessary for the enforcement of the development control by-laws, the secondary thoroughfare by-laws and the control, management and administration of the secondary thoroughfares. (sec.139-ssec.7) The principal body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with the principal body corporate by-laws (if any) for the time being in force. (sec.139-ssec.8) The principal body corporate may— sue and be sued on any contract made by it; and sue for and in respect of any damage or injury to the secondary thoroughfares caused by any person; and be sued in respect of any matter connected with the secondary thoroughfares for which as proprietor it is so liable; and take such legal action as may be necessary to enforce the development control by-laws and the secondary thoroughfare by-laws. (sec.139-ssec.9) In any case in which work is carried out for the purpose of constructing or preparing a secondary thoroughfare, upon registration of the initial plan or plans of subdivision, the principal body corporate shall be deemed to have been a party to an enforceable contract for the carrying out of such work, and may sue in respect of that contract. (sec.139-ssec.10) Nothing in subsection (9) shall relieve the applicant from the applicant’s obligation to pay for the initial construction of secondary thoroughfares to the standard prescribed pursuant to section 89 .