sec.206ARestricted community property by-laws

sec.206A Restricted community property by-laws

The community body corporate may make by-laws under section 206 that restrict the use of any part of the community property ( restricted community property ) to— a member of the community body corporate; or a body corporate created by the registration of a building units or group titles plan; or a proprietor of a lot created by the registration of a building units or group titles plan; or a precinct body corporate; or a member of a precinct body corporate; or a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan; or a lessee or occupier of a lot within the site; or someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage. Despite section 206 (1) , the by-law may only be made by resolution without dissent. The by-law may restrict the use of community property that is to be created in a subsequent stage. To remove any doubt, the by-law made may give the use of restricted community property to the person who is, for the time being, the proprietor or other person mentioned in that subsection. The by-law that restricts the use of any part of the community property— must include— subject to paragraph (c) , a description of the restricted community property; and details of the persons entitled to use the restricted community property; and the conditions on which the persons may use the restricted community property; and may include— particulars about— access to the restricted community property; and the keeping and supply of any necessary key; and particulars of the hours when the restricted community property may be used; and provisions about the maintenance of the restricted community property; and provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and need not describe the restricted community property, if— the by-law prescribes a way of identifying the property; or the by-law authorises a person to identify the property; and may authorise a person to allocate the use of the restricted community property. If a person identifies the restricted community property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the community body corporate a description of the property. If a person allocates the use of the restricted community property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the community body corporate details of the persons to whom use of the property has been allocated. The description and details given to the community body corporate under subsection (6) or (7) are taken to be a by-law made under section 206 when both the description and details are received by the community body corporate. The community body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 206 as soon as practicable but not later than 3 months after it is made or taken to be made. Maximum penalty—50 penalty units. If the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it. A by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant community plan. s 206A ins 1993 No. 80 s 11 (sec.206A-ssec.1) The community body corporate may make by-laws under section 206 that restrict the use of any part of the community property ( restricted community property ) to— a member of the community body corporate; or a body corporate created by the registration of a building units or group titles plan; or a proprietor of a lot created by the registration of a building units or group titles plan; or a precinct body corporate; or a member of a precinct body corporate; or a proprietor of a lot created in a staged use precinct by the registration of a building units or group titles plan; or a lessee or occupier of a lot within the site; or someone else while the person is engaged in construction works in the site or in a future development area or subsequent stage. (sec.206A-ssec.2) Despite section 206 (1) , the by-law may only be made by resolution without dissent. (sec.206A-ssec.3) The by-law may restrict the use of community property that is to be created in a subsequent stage. (sec.206A-ssec.4) To remove any doubt, the by-law made may give the use of restricted community property to the person who is, for the time being, the proprietor or other person mentioned in that subsection. (sec.206A-ssec.5) The by-law that restricts the use of any part of the community property— must include— subject to paragraph (c) , a description of the restricted community property; and details of the persons entitled to use the restricted community property; and the conditions on which the persons may use the restricted community property; and may include— particulars about— access to the restricted community property; and the keeping and supply of any necessary key; and particulars of the hours when the restricted community property may be used; and provisions about the maintenance of the restricted community property; and provisions about imposing and collecting levies from the persons entitled to use the restricted community property; and need not describe the restricted community property, if— the by-law prescribes a way of identifying the property; or the by-law authorises a person to identify the property; and may authorise a person to allocate the use of the restricted community property. (sec.206A-ssec.6) If a person identifies the restricted community property under a by-law mentioned in subsection (5) (c) , the person must, as soon as practicable, give the community body corporate a description of the property. (sec.206A-ssec.7) If a person allocates the use of the restricted community property under a by-law mentioned in subsection (5) (d) , the person must, as soon as practicable, give the community body corporate details of the persons to whom use of the property has been allocated. (sec.206A-ssec.8) The description and details given to the community body corporate under subsection (6) or (7) are taken to be a by-law made under section 206 when both the description and details are received by the community body corporate. (sec.206A-ssec.9) The community body corporate must give a by-law made or taken to be made under this section to the Minister for approval under section 206 as soon as practicable but not later than 3 months after it is made or taken to be made. Maximum penalty—50 penalty units. (sec.206A-ssec.10) If the by-law is approved by the Minister, the Minister must give details of the by-law to the registrar of titles as soon as practicable after the Minister approves it. (sec.206A-ssec.11) A by-law made under this section does not have effect until the registrar of titles has recorded details of the by-law on the relevant community plan.