The body corporate must take all reasonable steps to ensure that a member or any other occupier of a section or exclusive use area does not—
| (a) |
use the common property so as to unreasonably interfere with other persons lawfully on the premises, in breach of section 13(1)(d) of the Act; |
| (b) |
use a section or exclusive use area so as to cause a nuisance, in breach of section 13(1)(e) of the Act; |
| (c) |
contravene the provisions of any— |
| (i) |
law or by-law relating to the use of a section or an exclusive use area; or |
| (ii) |
conditions of a license relating to use of the building or the common property, or the carrying on of a business in the building; or |
| (iii) |
conditions of title applicable to sections or exclusive use areas; |
| (d) |
make alterations to a section or an exclusive use area that are likely to impair the stability of the building or interfere with the use and enjoyment of other sections, the common property or any exclusive use area; |
| (e) |
do anything to a section or exclusive use area that has a material negative affect on the value or utility of any other section or exclusive use area; |
| (f) |
subject to the provisions of section 13(1)(g) of the Act, use a section or exclusive use area for a purpose other than for its intended use as— |
| (i) |
shown expressly or by implication on a registered sectional plan or an approved building plan; |
| (ii) |
can reasonably be inferred from the provisions of the applicable town planning by-laws or the rules of the body corporate; or |
| (iii) |
is obvious from its construction, layout and available amenities; |
| (g) |
construct or place any structure or building improvement on an exclusive use area which in practice constitutes a section or an extension of the boundaries or floor area of a section without complying with the requirements of the Act and the Sectional Titles Act; provided that the body corporate may by ordinary resolution— |
| (i) |
give consent for such a structure or building improvement, if they are satisfied that it does not require compliance with such requirements; |
| (ii) |
prescribe any reasonable condition in regard to the use or appearance of the structure or building improvement; and |
| (iii) |
withdraw any consent if the member or other occupier of a section breaches any such condition. |
Basic Conditions of Employment Act, 1997
