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Duties and responsibilities of Sectional Title Owners
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The Sectional Titles Act is not intended to impose onerous and restrictive conditions on owners and it is not necessary to so do. Most owners respect the wishes and privacy of others, keep their sections and exclusive use areas in good condition and generally act in a considerate manner. It is for the less neighbourly minority that the Act imposes specific duties and obligations and prescribes actions that may be taken against offenders. An owner's duties and responsibilities are contained in Section 44 of the Act, management rules 68-70 and the conduct rules and are summarised below.

An owner must:

•     Allow any person who is authorised in writing by the body corporate to enter his or her section or exclusive use area to inspect or repair water pipes, electric cables or ducts which affect any other section or the common property; or to make sure that the section is not being used in contravention of the requirements of the Act or rules. Except in an emergency, notice must be given, and access must be at a reasonable hour.

•     Keep the section in a good state of repair. If an owner fails to do so, the body corporate may carry out the repairs or maintenance and recover the costs from the owner.

•     Keep exclusive use areas neat and tidy.

•     Use his or her section or the common property in such a way as not to interfere with rights of any other owner or resident.

•     Not use a section or exclusive use area for any purpose for which it is not intended, except with the written consent of all the other owners.

•     Not use a section, exclusive use area or any part of the common property in such a way as to injure the reputation of the scheme.

•     Notify the body corporate of change of ownership of the unit, or that a unit is being rented to a third party.

•     Not contravene any law, by-law or regulation regarding the building or common property.

•     Not make any changes that might affect the safety or stability of the building.

•     Not do anything that will prejudice the harmonious appearance of the building.

•     Not construct or build anything on a registered exclusive use area without written consent from the trustees, or unanimous approval of the body corporate in the case of a rule created EUA.

•     Maintain the hot water supply for his or her section, even though parts of the hot water installation may be situated in or on the common property.

•     Not keep any reptile, animal or bird in a section or on the common property without the written consent of the trustees.

•     Not park a vehicle illegally on any part of the common property, allow a vehicle to drip oil or hydraulic fluid onto the common property, or carry-out major repairs to a vehicle on the common property.

•     Not mark, paint or drive screws or nails into walls or other parts of the common property without first obtaining consent.

- Not fit security gates, burglar bars or other safety devices without having the design, style and manner of installation approved by the trustees.

•     Not place any sign or notice on any part of a section or common property that is visible from outside the section without first obtaining appropriate consent.

•     Not erect a clothesline or hang washing in such a way as to be visible from outside the building or from any other section.

•     Not store dangerous or inflammatory materials in a section or on the common property, if so doing would increase any insurance premium payable by the body corporate.

 

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