Monday, July 4, 2022

Owners Corporation Act 2006

Part 3
Division 5
Section 53

Upgrading of common property | Section 53

(1)     An owners corporation may by special resolution approve the carrying out of upgrading works for the common property and the levying of fees on lot owners for that purpose.

S. 53(1A) inserted by No. 78/2013 s. 7.

(1A)     Subject to subsection (1B), the fees must be based on lot liability.

S. 53(1B) inserted by No. 78/2013 s. 7.

(1B)     Fees for upgrading works carried out wholly or substantially for the benefit of some or one, but not all, of the lots affected by the owners corporation must be levied on the basis that the lot owner of the lot that benefits more pays more.

(2)     In this section “upgrading works” means building works for the upgrading, renovation or improvement of the common property where—

(a)     the total cost of the works is estimated to be more than twice the total amount of the current annual fees; or

(b)     the works require a planning permit or a building permit before they can be carried out—

but does not include works that are provided for in an approved maintenance plan or works referred to in section 4(b).

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Disclaimer: Reproduced from the Owners Corporation Act 2006. 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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