Commentary

78 Other dispositions of common parts

COMMONHOLD vol 8(1)
| Commentary

78 Other dispositions of common parts

| Commentary

78 Other dispositions of common parts

A commonhold community statement may not prevent or restrict the transfer by a commonhold association of the freehold of common parts, or the creation of any interest in common parts: this prohibition does not apply to the creation of a charge1.

A commonhold association may therefore, for example:

  1. 78.1

        transfer some of the common parts to a unit-holder or to a third party2;

  2. 78.2

        lease common parts; and

  3. 78.3

        grant easements over common parts.

A lease of common parts granted for residential purposes (say of a caretaker’s flat) is not subject to the limitation on leasing

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