Queensland Consolidated Acts

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MIXED USE DEVELOPMENT ACT 1993 - SECT 206

206 Community property by-laws

(1) Subject to subsection (5), the community body corporate may, by comprehensive resolution, make by-laws (property by-laws) for the control, management, administration, use or enjoyment of the community property.

(2) A community property by-law does not have effect until—

(a) the Minister approves the by-law; and
(b) notification of the Minister's approval is published in the gazette.

(3) If land has access to a dedicated road by way of the community property, a lease of the land is taken to contain an agreement by the lessee that the lessee must comply with the property by-laws.

(4) The property by-laws bind—

(a) the community body corporate; and
(b) the members of the community body corporate; and
(c) the proprietors of lots created by the registration of a building units or group titles plan; and
(d) a precinct body corporate; and
(e) the members of a precinct body corporate; and
(f) the proprietors of lots created in a staged use precinct by the registration of a building units or group titles plan; and
(g) a mortgagee in possession (whether by the mortgagee or another person) of a lot within the site; and
(h) a lessee or occupier of a lot within the site.

(5) A property by-law may not prohibit, destroy or modify any easement, service right or service obligation implied or created by this Act.

(6) A property by-law may apply to all the community property or a particular part of the community property specified in the by-law.

(7) A property by-law does not affect the operation of any other Act or law.



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