34Rights and responsibilities relating to common property

34 Rights and responsibilities relating to common property (1) The body corporate holds the common property, and may sue and be sued in relation to the common property, as its registered owner. (2) A unit owner or unit occupier: (a) has rights and responsibilities in relation to the common property as provided by this Act; and (b) without limiting paragraph (a) and subject to this Act – is entitled to the lawful enjoyment of the common property. (3) The body corporate, a unit owner or a unit occupier, of a scheme or of a subsidiary scheme, may exercise the rights of a member of a higher scheme in relation to the common property of the higher Example for subsection (3) A unit owner of a subsidiary scheme may use a BBQ area that is the common property of a higher scheme. (4) Subsection (3) has effect subject to the scheme statements of the schemes.