Body Corporate and Community Management Act 1997
sec.45Ownership and enjoyment of body corporate assets
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sec.45 Ownership and enjoyment of body corporate assets
The body corporate for a community titles scheme holds the body corporate assets beneficially. Property can not be a body corporate asset for more than 1 community titles scheme, although a body corporate asset may comprise a share as tenant in common in an item of property, including, for example, property in which the body corporate for another community titles scheme also has a share. A body corporate may (in the way and to the extent this Act provides) acquire, and dispose of, a body corporate asset, but must not, except to the extent permitted under a regulation module, mortgage, or otherwise create a charge over, the asset. The way the body corporate for a community titles scheme ( scheme A ) may use the body corporate assets for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme. (sec.45-ssec.1) The body corporate for a community titles scheme holds the body corporate assets beneficially. (sec.45-ssec.2) Property can not be a body corporate asset for more than 1 community titles scheme, although a body corporate asset may comprise a share as tenant in common in an item of property, including, for example, property in which the body corporate for another community titles scheme also has a share. (sec.45-ssec.3) A body corporate may (in the way and to the extent this Act provides) acquire, and dispose of, a body corporate asset, but must not, except to the extent permitted under a regulation module, mortgage, or otherwise create a charge over, the asset. (sec.45-ssec.4) The way the body corporate for a community titles scheme ( scheme A ) may use the body corporate assets for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.