Section 6Part 3 — Corporations
Duties and powers of a corporation
←→ Navigate · Click subsection badges to collapse · Press ? for help
The duties of a corporation shall include the following —
to insure and keep insured the building to the replacement value thereof against fire, earthquake, hurricane and such other risks as may be prescribed, unless the proprietors by super-majority resolution otherwise determine;
to effect such insurance as it may be required by law to effect;
to insure against such risks other than those referred to elsewhere in this subsection as the proprietors may, from time to time by unanimous resolution, determine;
subject to section 23(2) and (3) and to such conditions as may be prescribed, to apply insurance moneys received by it in respect of damage to the building in rebuilding and reinstating the building so far as it may be lawful so to do;
to pay premiums on any policies of insurance effected by it;
to keep in a state of good and serviceable repair and properly maintain the common property;
to comply with notices or orders by any competent public or local authority requiring repairs to, or work to be done in respect of, the parcel; and
to comply with any reasonable request for the names and addresses of the members of the executive committee.
The powers of a corporation include the following —
to establish a fund for administrative expenses sufficient in the opinion of such corporation for the control, management and administration of the common property, for the payment of any premiums of insurance and for the discharge of any of its other obligations;
to determine, from time to time, the amounts to be raised for the fund referred to in paragraph (a) and to raise amounts so determined by levying contributions on the proprietors in proportion to the unit entitlement of their respective lots;
to recover from any proprietor, by an action for debt in any court of competent jurisdiction, any sum of money expended by the corporation for repairs to or work done by it or at its direction in complying with any notice or order by a competent public or local authority in respect of that portion of the building which constitutes or includes the strata lot of that proprietor; and
to enter any strata lot and effect repairs or carry out work pursuant to its duty under paragraph (g) of subsection (1).
Subject to subsection (4), any contribution levied pursuant to subsection (2) shall be due and payable on the passing of a resolution to that effect and in accordance with the terms of such resolution, and may be recovered as a debt by a corporation in an action in any court of competent jurisdiction from the proprietor entitled at the time when such resolution was passed and from the proprietor entitled at the time when such action was instituted, both jointly and severally.
A corporation shall, on the application of a proprietor or any person authorised in writing by him, certify —
the amount of any contribution determined as the contribution of that proprietor;
the manner in which such contribution is payable; and
the extent to which such contribution has been paid by that proprietor,
and, in favour of any person dealing with that proprietor, such certificate shall be conclusive evidence of the matters certified therein.
A policy of insurance authorised by subsection (1) and in respect of the building shall not be liable to be brought into contribution with any other policy of insurance save another policy authorised by this section in respect of the same building.
Referenced By
- Section 4 — Requirements of a strata plan
Section 6(2)(b) - contributions levied by corporation
- Section 26 — Offences
Section 6(1)(g) and (h)