sec.221Restricted property by-laws

sec.221 Restricted property by-laws

A body corporate may, by resolution without dissent, make a by-law ( restricted property by-law ) giving to the community body corporate the exclusive use and control of any part of the common property identified in the by-law. A restricted property by-law does not have effect until— the Minister approves the by-law; and the registrar of titles has recorded a notification on the registered plan under section 30 (3) of the Building Units and Group Titles Act 1980 . If a restricted property by-law is made— the restricted property area is taken to be community property for the purposes of section 177 (1) (a) and (b) and sections 206 and 206A ; and the other by-laws of the body corporate do not apply to the restricted property area; and the community body corporate is not bound by the by-laws of the body corporate; and the Building Units and Group Titles Act 1980 (other than sections 22 , 23 , 37 (1) , 37 (2) and 37A ) applies to the restricted property area and a body corporate; and for the purposes of the by-law and despite paragraph (c) , the community body corporate is taken to be an occupier of a lot in the building units or group titles plan that created the body corporate that made the by-law. A restricted property by-law may be made, amended, or repealed within 3 months of registration of the plan that creates the body corporate that makes the by-law, without the consent of the community body corporate. However, after 3 months, a restricted property by-law may be made, amended, or repealed only with the consent of the community body corporate by comprehensive resolution. s 221 ins 1993 No. 80 s 13 (sec.221-ssec.1) A body corporate may, by resolution without dissent, make a by-law ( restricted property by-law ) giving to the community body corporate the exclusive use and control of any part of the common property identified in the by-law. (sec.221-ssec.2) A restricted property by-law does not have effect until— the Minister approves the by-law; and the registrar of titles has recorded a notification on the registered plan under section 30 (3) of the Building Units and Group Titles Act 1980 . (sec.221-ssec.3) If a restricted property by-law is made— the restricted property area is taken to be community property for the purposes of section 177 (1) (a) and (b) and sections 206 and 206A ; and the other by-laws of the body corporate do not apply to the restricted property area; and the community body corporate is not bound by the by-laws of the body corporate; and the Building Units and Group Titles Act 1980 (other than sections 22 , 23 , 37 (1) , 37 (2) and 37A ) applies to the restricted property area and a body corporate; and for the purposes of the by-law and despite paragraph (c) , the community body corporate is taken to be an occupier of a lot in the building units or group titles plan that created the body corporate that made the by-law. (sec.221-ssec.4) A restricted property by-law may be made, amended, or repealed within 3 months of registration of the plan that creates the body corporate that makes the by-law, without the consent of the community body corporate. (sec.221-ssec.5) However, after 3 months, a restricted property by-law may be made, amended, or repealed only with the consent of the community body corporate by comprehensive resolution.