Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 7
Section 68

Exercise of rights under statutory easement | Section 68

(1)Rights under a statutory easement must not be exercised in a way that unreasonably prevents or interferes with the use and enjoyment of a lot or common property.

Note—

For other provisions about statutory easements, see the Land Title Act, part 6A, division 5.

(2)If a statutory easement entitles a lot owner to enter another lot or common property to carry out work, the owner—

(a)must give reasonable written notice—

(i)to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or

(ii)to the body corporate, before entering the common property to carry out work; and

(b)must comply with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.

(3)If a statutory easement entitles the body corporate to enter a lot to carry out work, the body corporate must give reasonable written notice to the lot owner before entering the lot to carry out work.

(4)Subsections (2) and (3) do not apply if the need for the work to be carried out is, or is in the nature of, an emergency.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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