Powers and duties of body corporate

84 Powers and duties of body corporate

(1)

The body corporate has the powers and duties set out in—

(a)

sections 40 to 42 (which relate to the assignment and reassessment of ownership interests and utility interests):

(b)

section 81 (which permits the body corporate to act as an agent for the unit owners who lease or licence their principal unit and are absent for the purpose of enforcing the body corporate operational rules):

(c)

section 85 (which requires the body corporate to keep and maintain a register of all the owners of principal units and accessory units on the plan):

(d)

section 86 (which relates to the body corporate’s power to sign documents on behalf of the owner):

(e)

section 87 (which requires the payment of ground rental to a lessor):

(f)

section 90 (which relates to the calling of general meetings):

(g)

section 105(4) (which requires the body corporate to comply with the body corporate operational rules):

(h)

section 108 (which is the general power of delegation):

(i)

sections 115 and 117 to 120 (which relate to the establishment and maintenance of the funds):

(j)

section 116 (which requires the body corporate to establish and maintain a long-term maintenance plan):

(k)

section 121 (which relates to the raising of amounts for each fund and the imposition of levies on the unit owners to establish and maintain each fund):

(l)

sections 130 and 131 (which relate to the spending, borrowing, and investing of money and the distribution of surplus money and property):

(m)

section 132 (which relates to the keeping of accounting records and submission of its yearly financial statements to an independent auditor):

(n)

section 135 (which relates to insurance of the buildings and other improvements on the land):

(o)

section 136(4) (which relates to the application of insurance moneys in or towards reinstatement of the development):

(p)

section 138 (which relates to repair and maintenance of the common property, assets designed for use in connection with the common property, infrastructure, and building elements and access for those purposes):

(q)

section 206 (which relates to the provision of records and documents on request from a unit owner):

(r)

any other provisions of this Act, any other Act, or the regulations that confer powers or duties on the body corporate and subject to any limitations to those powers and duties in this Act, any other Act, or the regulations.

(2)

Except as expressly provided in this Act, the body corporate does not have any duties in respect of a future development unit that comprises part of the unit title development.

Section 84(1)(a): replaced, on 30 May 2017, by section 31(1) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).

Section 84(1)(g): amended, on 30 May 2017, by section 31(2) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).