sec.206Community property by-laws

sec.206 Community property by-laws

Subject to subsection (5) , the community body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the community property. A community property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette. If land has access to a dedicated road by way of the community property, a lease of the land is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws. The property by-laws bind— the community body corporate; and the members of the community body corporate; and the proprietors of lots created by the registration of a building units or group titles plan; and a precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and a lessee or occupier of a lot within the site. A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. A property by-law may apply to all the community property or a particular part of the community property specified in the by-law. A property by-law does not affect the operation of any other Act or law. (sec.206-ssec.1) Subject to subsection (5) , the community body corporate may, by comprehensive resolution, make by-laws ( property by-laws ) for the control, management, administration, use or enjoyment of the community property. (sec.206-ssec.2) A community property by-law does not have effect until— the Minister approves the by-law; and notification of the Minister’s approval is published in the gazette. (sec.206-ssec.3) If land has access to a dedicated road by way of the community property, a lease of the land is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws. (sec.206-ssec.4) The property by-laws bind— the community body corporate; and the members of the community body corporate; and the proprietors of lots created by the registration of a building units or group titles plan; and a precinct body corporate; and the members of a precinct body corporate; and the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and a lessee or occupier of a lot within the site. (sec.206-ssec.5) A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act. (sec.206-ssec.6) A property by-law may apply to all the community property or a particular part of the community property specified in the by-law. (sec.206-ssec.7) A property by-law does not affect the operation of any other Act or law.