34Creation or variation of easements, restrictions and positive covenants

34 Creation or variation of easements, restrictions and positive covenants

34 Creation or variation of easements, restrictions and positive covenants

(1) The owners corporation of a strata scheme may, by special resolution—

(a) execute a dealing creating or varying an easement that burdens the common property in the scheme, or a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel, or

(b) execute a dealing releasing or varying an easement, a restriction on the use of land or a positive covenant that benefits the common property or the whole parcel.

(2) The owners corporation of a strata scheme may, by ordinary resolution—

(a) accept a dealing creating an easement, a restriction on the use of land or a positive covenant that benefits the common property in the scheme or the whole parcel, or

(b) accept a dealing releasing an easement that burdens the common property, or a restriction on the use of land or a positive covenant that burdens the common property or the whole parcel.