sec.33-oc.2Power of body corporate to carry out work

### sec.33-oc.2 Power of body corporate to carry out work Where a notice has been served on the lessee of a lot by a public authority or the council requiring that lessee to carry out work on or in relation to that lot and the notice is not complied with, the body corporate may carry out the work. (amended) Where a lessee, mortgagee in possession, sublessee or occupier of a lot fails or neglects to carry out work— required to be carried out by him or her under a term or condition of— a by-law referred to in section 30 (7) ; or the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned; or the lease of the lessee’s lot; or necessary to remedy a breach of the duty imposed on him or her by section 51 (1) (a) ; the body corporate may carry out that work. (amended) Where the body corporate carries out work on or in relation to a lot or common property under subsection (1) or (2) , it may, subject to section 40 (4) , recover the cost of so doing, as a debt— from the lessee, mortgagee in possession, sublessee or occupier referred to in subsection (1) or (2) ; or where the work is carried out under— subsection (1) or (2) (b) , from any person who, after the work is carried out, becomes the lessee of the lot on or in relation to which the work was carried out; or subsection (2) (a) , from any person who, after the work is carried out, becomes the lessee of the lot in respect of which the by-law referred to in subsection (2) (a) was made. (amended) Where an order has been made under part 5 and the order is not complied with, the body corporate may carry out any work specified in the order and recover from the person against whom the order was made the cost of so doing, as a debt, in any court of competent jurisdiction. Where— part of a building comprised in a lot in a leasehold building units plan contains a structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or a defect occurs in any pipes, poles, wires, cables or ducts referred to in section 51 (1) (a) (ii) within a lot; and the defect is not due to any breach of the duty imposed on any person by section 51 (1) (a) , the body corporate shall, at its own expense, carry out such work as is necessary to rectify the defect. (amended) (sec.33-oc.2-ssec.1) Where a notice has been served on the lessee of a lot by a public authority or the council requiring that lessee to carry out work on or in relation to that lot and the notice is not complied with, the body corporate may carry out the work. (amended) (sec.33-oc.2-ssec.2) Where a lessee, mortgagee in possession, sublessee or occupier of a lot fails or neglects to carry out work— required to be carried out by him or her under a term or condition of— a by-law referred to in section 30 (7) ; or the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned; or the lease of the lessee’s lot; or necessary to remedy a breach of the duty imposed on him or her by section 51 (1) (a) ; the body corporate may carry out that work. (amended) (sec.33-oc.2-ssec.3) Where the body corporate carries out work on or in relation to a lot or common property under subsection (1) or (2) , it may, subject to section 40 (4) , recover the cost of so doing, as a debt— from the lessee, mortgagee in possession, sublessee or occupier referred to in subsection (1) or (2) ; or where the work is carried out under— subsection (1) or (2) (b) , from any person who, after the work is carried out, becomes the lessee of the lot on or in relation to which the work was carried out; or subsection (2) (a) , from any person who, after the work is carried out, becomes the lessee of the lot in respect of which the by-law referred to in subsection (2) (a) was made. (amended) (sec.33-oc.2-ssec.4) Where an order has been made under part 5 and the order is not complied with, the body corporate may carry out any work specified in the order and recover from the person against whom the order was made the cost of so doing, as a debt, in any court of competent jurisdiction. (sec.33-oc.2-ssec.5) Where— part of a building comprised in a lot in a leasehold building units plan contains a structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or a defect occurs in any pipes, poles, wires, cables or ducts referred to in section 51 (1) (a) (ii) within a lot; and the defect is not due to any breach of the duty imposed on any person by section 51 (1) (a) , the body corporate shall, at its own expense, carry out such work as is necessary to rectify the defect. (amended) - (a) required to be carried out by him or her under a term or condition of— (i) a by-law referred to in section 30 (7) ; or (ii) the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned; or (iii) the lease of the lessee’s lot; or - (i) a by-law referred to in section 30 (7) ; or - (ii) the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned; or - (iii) the lease of the lessee’s lot; or - (b) necessary to remedy a breach of the duty imposed on him or her by section 51 (1) (a) ; - (i) a by-law referred to in section 30 (7) ; or - (ii) the management statement (if any) for the building and its site the subject of the leasehold building units plan concerned; or - (iii) the lease of the lessee’s lot; or - (a) from the lessee, mortgagee in possession, sublessee or occupier referred to in subsection (1) or (2) ; or - (b) where the work is carried out under— (i) subsection (1) or (2) (b) , from any person who, after the work is carried out, becomes the lessee of the lot on or in relation to which the work was carried out; or (ii) subsection (2) (a) , from any person who, after the work is carried out, becomes the lessee of the lot in respect of which the by-law referred to in subsection (2) (a) was made. - (i) subsection (1) or (2) (b) , from any person who, after the work is carried out, becomes the lessee of the lot on or in relation to which the work was carried out; or - (ii) subsection (2) (a) , from any person who, after the work is carried out, becomes the lessee of the lot in respect of which the by-law referred to in subsection (2) (a) was made. - (i) subsection (1) or (2) (b) , from any person who, after the work is carried out, becomes the lessee of the lot on or in relation to which the work was carried out; or - (ii) subsection (2) (a) , from any person who, after the work is carried out, becomes the lessee of the lot in respect of which the by-law referred to in subsection (2) (a) was made. - (a) part of a building comprised in a lot in a leasehold building units plan contains a structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or - (b) a defect occurs in any pipes, poles, wires, cables or ducts referred to in section 51 (1) (a) (ii) within a lot;