{"id":"qld:act-1997-028","name":"Body Corporate and Community Management Act 1997","slug":"qld-act-1997-028","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"28 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313597,"registerId":"qld-qld:act-1997-028-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Body Corporate and Community Management Act 1997 .","sortOrder":1},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Object and achievement of object","content":"# Object and achievement of object","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Primary object","content":"### sec.2 Primary object\n\nThe primary object of this Act is to provide for flexible and contemporary communally based arrangements for the use of freehold land, having regard to the secondary objects.\ns 2 prev s 2 om 2003 No. 6 s 3 sch","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"How primary object is to be achieved","content":"### sec.3 How primary object is to be achieved\n\nFor the achievement of its primary object, this Act provides for—\nthe establishment of community titles schemes; and\nthe operation and management of community titles schemes.\n- (a) the establishment of community titles schemes; and\n- (b) the operation and management of community titles schemes.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Secondary objects","content":"### sec.4 Secondary objects\n\nThe following are the secondary objects of this Act—\nto balance the rights of individuals with the responsibility for self management as an inherent aspect of community titles schemes;\nto promote economic development by establishing sufficiently flexible administrative and management arrangements for community titles schemes;\nto encourage the tourism potential of community titles schemes without diminishing the rights and responsibilities of owners, and intending buyers, of lots in community titles schemes;\nto provide a legislative framework accommodating future trends in community titling;\nto ensure that bodies corporate for community titles schemes have control of the common property and body corporate assets they are responsible for managing on behalf of owners of lots included in the schemes;\nto provide bodies corporate with the flexibility they need in their operations and dealings to accommodate changing circumstances within community titles schemes;\nto provide an appropriate level of consumer protection for owners and intending buyers of lots included in community titles schemes;\nto ensure accessibility to information about community titles scheme issues;\nto provide an efficient and effective dispute resolution process.\ns 4 amd 2007 No. 11 s 4\n- (a) to balance the rights of individuals with the responsibility for self management as an inherent aspect of community titles schemes;\n- (b) to promote economic development by establishing sufficiently flexible administrative and management arrangements for community titles schemes;\n- (c) to encourage the tourism potential of community titles schemes without diminishing the rights and responsibilities of owners, and intending buyers, of lots in community titles schemes;\n- (d) to provide a legislative framework accommodating future trends in community titling;\n- (e) to ensure that bodies corporate for community titles schemes have control of the common property and body corporate assets they are responsible for managing on behalf of owners of lots included in the schemes;\n- (f) to provide bodies corporate with the flexibility they need in their operations and dealings to accommodate changing circumstances within community titles schemes;\n- (g) to provide an appropriate level of consumer protection for owners and intending buyers of lots included in community titles schemes;\n- (h) to ensure accessibility to information about community titles scheme issues;\n- (i) to provide an efficient and effective dispute resolution process.","sortOrder":5},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Dictionary","content":"### sec.5 Dictionary\n\nThe dictionary in schedule 6 defines particular words used in this Act.\ns 5 amd 2003 No. 6 s 3 sch","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Use of certain tags","content":"### sec.6 Use of certain tags\n\nIn this Act, persons or things are sometimes given identifying tags, for example, a community titles scheme might be given the tag scheme A .\nAn identifying tag is generally used as a shorthand way of distinguishing one person or thing from another person or thing for a provision or series of provisions in the section or division in which the tag is established and used.\nAn identifying tag used for a provision or series of provisions may be used again, but refer to a different person or thing, in another provision or series of provisions.\n(sec.6-ssec.1) In this Act, persons or things are sometimes given identifying tags, for example, a community titles scheme might be given the tag scheme A .\n(sec.6-ssec.2) An identifying tag is generally used as a shorthand way of distinguishing one person or thing from another person or thing for a provision or series of provisions in the section or division in which the tag is established and used.\n(sec.6-ssec.3) An identifying tag used for a provision or series of provisions may be used again, but refer to a different person or thing, in another provision or series of provisions.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Use of illustrations","content":"### sec.7 Use of illustrations\n\nSchedule 1 contains examples of possible structures of community titles schemes and the accompanying text illustrates the use of various expressions used in this Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"References","content":"### sec.8 References\n\nIn a provision of this Act about a community titles scheme, a reference to—\nscheme land, is a reference to the scheme land for the scheme; and\nthe body corporate, is a reference to the body corporate for the scheme; and\ncommon property, is a reference to common property for the scheme; and\nbody corporate assets, is a reference to body corporate assets for the scheme; and\nthe community management statement, is a reference to the community management statement for the scheme; and\nthe original owner, is a reference to the original owner for the scheme; and\nby-laws, is a reference to the by-laws for the scheme; and\na body corporate manager, service contractor or letting agent is a reference to a body corporate manager, service contractor or letting agent for the scheme.\n- (a) scheme land, is a reference to the scheme land for the scheme; and\n- (b) the body corporate, is a reference to the body corporate for the scheme; and\n- (c) common property, is a reference to common property for the scheme; and\n- (d) body corporate assets, is a reference to body corporate assets for the scheme; and\n- (e) the community management statement, is a reference to the community management statement for the scheme; and\n- (f) the original owner, is a reference to the original owner for the scheme; and\n- (g) by-laws, is a reference to the by-laws for the scheme; and\n- (h) a body corporate manager, service contractor or letting agent is a reference to a body corporate manager, service contractor or letting agent for the scheme.","sortOrder":10},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Key terms and concepts","content":"# Key terms and concepts","sortOrder":11},{"sectionNumber":"ch.1-pt.4-div.1","sectionType":"division","heading":"Community titles scheme","content":"## Community titles scheme","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Basic concept for Act—community titles scheme","content":"### sec.9 Basic concept for Act—community titles scheme\n\nA community titles scheme is the basic concept for this Act.\nA community titles scheme can only be over freehold land.\n(sec.9-ssec.1) A community titles scheme is the basic concept for this Act.\n(sec.9-ssec.2) A community titles scheme can only be over freehold land.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of community titles scheme","content":"### sec.10 Meaning of community titles scheme\n\nA community titles scheme is—\na single community management statement recorded by the registrar identifying land (the scheme land ); and\nthe scheme land.\nLand may be identified as scheme land only if it consists of—\n2 or more lots; and\nother land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) .\nCommon property for a community titles scheme is, effectively, freehold land forming part of the scheme land but not forming part of a lot included in the scheme.\nLand can not be common property for more than 1 community titles scheme.\nFor each community titles scheme, there must be—\nat least 2 lots; and\ncommon property; and\na single body corporate; and\na single community management statement.\nA community titles scheme is a basic scheme if all the lots mentioned in subsection (2) (a) are lots under the Land Title Act .\nHowever, under this Act, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme.\nSchedule 1 contains examples of possible structures of community titles schemes.\ns 10 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 3 sch\n(sec.10-ssec.1) A community titles scheme is— a single community management statement recorded by the registrar identifying land (the scheme land ); and the scheme land.\n(sec.10-ssec.2) Land may be identified as scheme land only if it consists of— 2 or more lots; and other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) . Common property for a community titles scheme is, effectively, freehold land forming part of the scheme land but not forming part of a lot included in the scheme.\n(sec.10-ssec.3) Land can not be common property for more than 1 community titles scheme.\n(sec.10-ssec.4) For each community titles scheme, there must be— at least 2 lots; and common property; and a single body corporate; and a single community management statement.\n(sec.10-ssec.5) A community titles scheme is a basic scheme if all the lots mentioned in subsection (2) (a) are lots under the Land Title Act .\n(sec.10-ssec.6) However, under this Act, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme. Schedule 1 contains examples of possible structures of community titles schemes.\n- (a) a single community management statement recorded by the registrar identifying land (the scheme land ); and\n- (b) the scheme land.\n- (a) 2 or more lots; and\n- (b) other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a) .\n- (a) at least 2 lots; and\n- (b) common property; and\n- (c) a single body corporate; and\n- (d) a single community management statement.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of body corporate assets","content":"### sec.11 Meaning of body corporate assets\n\nBody corporate assets , for a community titles scheme, are items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property.\nan airconditioning unit might be bought by a body corporate as a body corporate asset, but become common property when it is installed as a fixture\na lot acquired by the body corporate under section 40\nBody corporate assets may consist of any property an individual is capable of acquiring.\nfreehold land, a lease, a licence to use land for a particular purpose, a billiard table, gardening equipment\ns 11 amd 2003 No. 6 s 3 sch\n(sec.11-ssec.1) Body corporate assets , for a community titles scheme, are items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property. an airconditioning unit might be bought by a body corporate as a body corporate asset, but become common property when it is installed as a fixture a lot acquired by the body corporate under section 40\n(sec.11-ssec.2) Body corporate assets may consist of any property an individual is capable of acquiring. freehold land, a lease, a licence to use land for a particular purpose, a billiard table, gardening equipment\n- 1 an airconditioning unit might be bought by a body corporate as a body corporate asset, but become common property when it is installed as a fixture\n- 2 a lot acquired by the body corporate under section 40","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of community management statement","content":"### sec.12 Meaning of community management statement\n\nA community management statement is basic to the identification of a community titles scheme.\nA community management statement is a document that—\nidentifies land; and\notherwise complies with the requirements of this Act for a community management statement.\n(sec.12-ssec.1) A community management statement is basic to the identification of a community titles scheme.\n(sec.12-ssec.2) A community management statement is a document that— identifies land; and otherwise complies with the requirements of this Act for a community management statement.\n- (a) identifies land; and\n- (b) otherwise complies with the requirements of this Act for a community management statement.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of original owner","content":"### sec.13 Meaning of original owner\n\nThe original owner for a community titles scheme means each person who, immediately before the establishment of the scheme, is a registered owner of a lot that, on establishment of the scheme, becomes scheme land.\nIf, immediately before the establishment of the scheme, land that becomes scheme land is in the possession of a person acting under the authority of a mortgage or an order of a court, the original owner includes the person acting under the authority.\n(sec.13-ssec.1) The original owner for a community titles scheme means each person who, immediately before the establishment of the scheme, is a registered owner of a lot that, on establishment of the scheme, becomes scheme land.\n(sec.13-ssec.2) If, immediately before the establishment of the scheme, land that becomes scheme land is in the possession of a person acting under the authority of a mortgage or an order of a court, the original owner includes the person acting under the authority.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of body corporate manager","content":"### sec.14 Meaning of body corporate manager\n\nA person is a body corporate manager for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) to supply administrative services to the body corporate, whether or not the person is also engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.\ns 14 amd 2003 No. 6 s 4","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of service contractor","content":"### sec.15 Meaning of service contractor\n\nA person is a service contractor for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) for a term of at least 1 year to supply services (other than administrative services) to the body corporate for the benefit of the common property or lots included in the scheme.\ncaretaking services\npool cleaning services\n- 1 caretaking services\n- 2 pool cleaning services","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of letting agent and letting agent business","content":"### sec.16 Meaning of letting agent and letting agent business\n\nA person is a letting agent for a community titles scheme if the person is authorised by the body corporate to conduct a letting agent business for the scheme.\nA person conducts a letting agent business for a community titles scheme if the person conducts, subject to the Property Occupations Act 2014 , the business of acting as the agent of owners of lots included in the scheme who choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the scheme.\nFor subsection (2) , a reference to a lot does not include a reference to a community titles scheme.\nIt is not relevant to the identification of a person as a letting agent under this section that the person also conducts an ancillary business or other activity.\nvideo hire\nlinen hire\nagency for tour operator\ns 16 amd 2000 No. 62 s 601 sch 2 ; 2014 No. 22 s 273\n(sec.16-ssec.1) A person is a letting agent for a community titles scheme if the person is authorised by the body corporate to conduct a letting agent business for the scheme.\n(sec.16-ssec.2) A person conducts a letting agent business for a community titles scheme if the person conducts, subject to the Property Occupations Act 2014 , the business of acting as the agent of owners of lots included in the scheme who choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the scheme.\n(sec.16-ssec.3) For subsection (2) , a reference to a lot does not include a reference to a community titles scheme.\n(sec.16-ssec.4) It is not relevant to the identification of a person as a letting agent under this section that the person also conducts an ancillary business or other activity. video hire linen hire agency for tour operator\n- 1 video hire\n- 2 linen hire\n- 3 agency for tour operator","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of lease-back scheme and lease-back scheme operator","content":"### sec.17 Meaning of lease-back scheme and lease-back scheme operator\n\nA community titles scheme is a lease-back scheme if—\nthe scheme is a basic scheme; and\nlots included in the scheme are the subject of registered or registrable leases to a person (the lease-back scheme operator ); and\nthe lease-back scheme operator is the owner for each lot included in the scheme other than the lots mentioned in paragraph (b) .\ns 17 amd 1997 No. 78 s 6\n- (a) the scheme is a basic scheme; and\n- (b) lots included in the scheme are the subject of registered or registrable leases to a person (the lease-back scheme operator ); and\n- (c) the lease-back scheme operator is the owner for each lot included in the scheme other than the lots mentioned in paragraph (b) .","sortOrder":21},{"sectionNumber":"ch.1-pt.4-div.2","sectionType":"division","heading":"Concept of layered arrangement","content":"## Concept of layered arrangement","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of layered arrangement of community titles schemes","content":"### sec.18 Meaning of layered arrangement of community titles schemes\n\nA layered arrangement of community titles schemes is a grouping of community titles schemes—\nin which there is 1 community titles scheme (the principal scheme ) that—\nis not a lot included in another community titles scheme; and\nis made up of—\nthe scheme land for all other community titles schemes in the grouping; and\nits own common property; and\neach lot (if any) that is not a community titles scheme, but that is included in the scheme; and\nin which there is at least 1 basic scheme; and\nin which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.\nSee schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes.\nEach community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes—\nis a subsidiary scheme for the principal scheme; and\nunless it is a lot included in the principal scheme—may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.\nA subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.\nIn this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme, establishes the relationship the lot has to the scheme and, in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.\nThe diagram and notes in schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.\n(sec.18-ssec.1) A layered arrangement of community titles schemes is a grouping of community titles schemes— in which there is 1 community titles scheme (the principal scheme ) that— is not a lot included in another community titles scheme; and is made up of— the scheme land for all other community titles schemes in the grouping; and its own common property; and each lot (if any) that is not a community titles scheme, but that is included in the scheme; and in which there is at least 1 basic scheme; and in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme. See schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes.\n(sec.18-ssec.2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes— is a subsidiary scheme for the principal scheme; and unless it is a lot included in the principal scheme—may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.\n(sec.18-ssec.3) A subsidiary scheme , for a community titles scheme ( scheme A ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.\n(sec.18-ssec.4) In this Act, the expression included in , if used in the context of the inclusion of a lot in a community titles scheme, establishes the relationship the lot has to the scheme and, in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.\n(sec.18-ssec.5) The diagram and notes in schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.\n- (a) in which there is 1 community titles scheme (the principal scheme ) that— (i) is not a lot included in another community titles scheme; and (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (i) is not a lot included in another community titles scheme; and\n- (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (b) in which there is at least 1 basic scheme; and\n- (c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.\n- (i) is not a lot included in another community titles scheme; and\n- (ii) is made up of— (A) the scheme land for all other community titles schemes in the grouping; and (B) its own common property; and (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (A) the scheme land for all other community titles schemes in the grouping; and\n- (B) its own common property; and\n- (C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and\n- (a) is a subsidiary scheme for the principal scheme; and\n- (b) unless it is a lot included in the principal scheme—may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Provisions about lots that are community titles schemes","content":"### sec.19 Provisions about lots that are community titles schemes\n\nIf a community titles scheme ( scheme A ) includes a lot that is another community titles scheme ( scheme B )—\na reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but\na reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about—\nthe subdivision of a lot; or\nthe indefeasible title for a lot; or\na lease or mortgage of a lot; or\nthe occupier or registered proprietor of a lot.\n- (a) a reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but\n- (b) a reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about— (i) the subdivision of a lot; or (ii) the indefeasible title for a lot; or (iii) a lease or mortgage of a lot; or (iv) the occupier or registered proprietor of a lot.\n- (i) the subdivision of a lot; or\n- (ii) the indefeasible title for a lot; or\n- (iii) a lease or mortgage of a lot; or\n- (iv) the occupier or registered proprietor of a lot.\n- (i) the subdivision of a lot; or\n- (ii) the indefeasible title for a lot; or\n- (iii) a lease or mortgage of a lot; or\n- (iv) the occupier or registered proprietor of a lot.","sortOrder":24},{"sectionNumber":"ch.1-pt.4-div.3","sectionType":"division","heading":"Utility infrastructure","content":"## Utility infrastructure","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Utility infrastructure as common property","content":"### sec.20 Utility infrastructure as common property\n\nCommon property for a community titles scheme includes all utility infrastructure forming part of scheme land, other than—\nutility infrastructure that is—\na device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\ninstalled after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or\nUnder the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.\nutility infrastructure, other than utility infrastructure mentioned in paragraph (a) , that is—\nsolely related to supplying utility services to a lot; and\nwithin the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and\nlocated other than within a boundary structure for the lot.\nHowever, common property does not include utility infrastructure positioned within common property if—\nits positioning is the subject of an agreement to which the original owner or the body corporate is a party; and\nunder the agreement, ownership of the utility infrastructure does not pass to the original owner or body corporate.\ncable television wires positioned in the service shaft of a multistorey building that is scheme land for a community titles scheme, if the wires remain in the ownership of a cable television provider\nIn this section—\nboundary structure , for a lot included in a community titles scheme, means a floor, wall or ceiling, other than a false ceiling, in which is located the boundary of the lot with another lot or common property.\ns 20 amd 2003 No. 6 s 3 sch ; 2007 No. 57 s 4 ; 2008 No. 34 s 751 sch 2 ; 2018 No. 17 s 197 sch 2\n(sec.20-ssec.1) Common property for a community titles scheme includes all utility infrastructure forming part of scheme land, other than— utility infrastructure that is— a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or Under the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act. utility infrastructure, other than utility infrastructure mentioned in paragraph (a) , that is— solely related to supplying utility services to a lot; and within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and located other than within a boundary structure for the lot.\n(sec.20-ssec.2) However, common property does not include utility infrastructure positioned within common property if— its positioning is the subject of an agreement to which the original owner or the body corporate is a party; and under the agreement, ownership of the utility infrastructure does not pass to the original owner or body corporate. cable television wires positioned in the service shaft of a multistorey building that is scheme land for a community titles scheme, if the wires remain in the ownership of a cable television provider\n(sec.20-ssec.3) In this section— boundary structure , for a lot included in a community titles scheme, means a floor, wall or ceiling, other than a false ceiling, in which is located the boundary of the lot with another lot or common property.\n- (a) utility infrastructure that is— (i) a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and (ii) installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or Note— Under the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.\n- (i) a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\n- (ii) installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or Note— Under the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.\n- (b) utility infrastructure, other than utility infrastructure mentioned in paragraph (a) , that is— (i) solely related to supplying utility services to a lot; and (ii) within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and (iii) located other than within a boundary structure for the lot.\n- (i) solely related to supplying utility services to a lot; and\n- (ii) within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and\n- (iii) located other than within a boundary structure for the lot.\n- (i) a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\n- (ii) installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 , on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or Note— Under the Water Supply (Safety and Reliability) Act 2008 , section 35 , the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.\n- (i) solely related to supplying utility services to a lot; and\n- (ii) within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and\n- (iii) located other than within a boundary structure for the lot.\n- (a) its positioning is the subject of an agreement to which the original owner or the body corporate is a party; and\n- (b) under the agreement, ownership of the utility infrastructure does not pass to the original owner or body corporate.","sortOrder":26},{"sectionNumber":"ch.1-pt.4-div.4","sectionType":"division","heading":"Regulation modules","content":"## Regulation modules","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of regulation module","content":"### sec.21 Meaning of regulation module\n\nA regulation module is a regulation under this Act that states it is a regulation module for this Act.\nA regulation module applies to a community titles scheme if the community management statement identifies the module as the regulation module applying to the scheme.\nA regulation module does not apply to a community titles scheme ( scheme A ), despite anything in the community management statement, if—\nthe regulation module states circumstances that must exist for a community titles scheme if the regulation module is to apply to the scheme; and\nthe circumstances do not exist for scheme A.\nA regulation module applies to a community titles scheme if—\nthe regulation module states that it is the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\nno other regulation module applies to the scheme including, for example, because the community management statement for the scheme—\nfails to identify a regulation module as the regulation module applying to the scheme; or\nidentifies as the regulation module applying to the scheme a regulation module that, under subsection (3) , does not apply to the scheme.\nA community titles scheme must have only 1 regulation module applying to it.\nDifferent regulation modules may apply to different community titles schemes in a layered arrangement of community titles schemes.\ns 21 amd 1997 No. 78 s 7 (retro); 2003 No. 6 s 3 sch\n(sec.21-ssec.1) A regulation module is a regulation under this Act that states it is a regulation module for this Act.\n(sec.21-ssec.2) A regulation module applies to a community titles scheme if the community management statement identifies the module as the regulation module applying to the scheme.\n(sec.21-ssec.3) A regulation module does not apply to a community titles scheme ( scheme A ), despite anything in the community management statement, if— the regulation module states circumstances that must exist for a community titles scheme if the regulation module is to apply to the scheme; and the circumstances do not exist for scheme A.\n(sec.21-ssec.4) A regulation module applies to a community titles scheme if— the regulation module states that it is the regulation module that applies to a community titles scheme if no other regulation module applies to it; and no other regulation module applies to the scheme including, for example, because the community management statement for the scheme— fails to identify a regulation module as the regulation module applying to the scheme; or identifies as the regulation module applying to the scheme a regulation module that, under subsection (3) , does not apply to the scheme.\n(sec.21-ssec.5) A community titles scheme must have only 1 regulation module applying to it.\n(sec.21-ssec.6) Different regulation modules may apply to different community titles schemes in a layered arrangement of community titles schemes.\n- (a) the regulation module states circumstances that must exist for a community titles scheme if the regulation module is to apply to the scheme; and\n- (b) the circumstances do not exist for scheme A.\n- (a) the regulation module states that it is the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\n- (b) no other regulation module applies to the scheme including, for example, because the community management statement for the scheme— (i) fails to identify a regulation module as the regulation module applying to the scheme; or (ii) identifies as the regulation module applying to the scheme a regulation module that, under subsection (3) , does not apply to the scheme.\n- (i) fails to identify a regulation module as the regulation module applying to the scheme; or\n- (ii) identifies as the regulation module applying to the scheme a regulation module that, under subsection (3) , does not apply to the scheme.\n- (i) fails to identify a regulation module as the regulation module applying to the scheme; or\n- (ii) identifies as the regulation module applying to the scheme a regulation module that, under subsection (3) , does not apply to the scheme.","sortOrder":28},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment of community titles schemes","content":"# Establishment of community titles schemes","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Names of community titles schemes","content":"### sec.22 Names of community titles schemes\n\nThe name of a community titles scheme is made up of—\nan identifying name shown in the community management statement; and\nthe words ‘community titles scheme’; and\nthe unique identifying number allocated under the Land Title Act , section 115E (2) .\nSeaview community titles scheme 1234\ns 22 amd 2003 No. 6 s 5\n- (a) an identifying name shown in the community management statement; and\n- (b) the words ‘community titles scheme’; and\n- (c) the unique identifying number allocated under the Land Title Act , section 115E (2) .","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Reservation of name","content":"### sec.23 Reservation of name\n\nA name may be reserved under the Land Title Act , section 115F , as the identifying name to be shown in the community management statement for a proposed community titles scheme.\ns 23 sub 2003 No. 6 s 6","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Establishment of community titles scheme","content":"### sec.24 Establishment of community titles scheme\n\nA community titles scheme is established by—\nfirstly, the registration, under the Land Title Act , of a plan of subdivision for identifying the scheme land for the scheme; and\nsecondly, the recording by the registrar of the first community management statement for the scheme.\nA community titles scheme is established when the first community management statement for the scheme is recorded.\ns 24 amd 2003 No. 6 s 3 sch\n(sec.24-ssec.1) A community titles scheme is established by— firstly, the registration, under the Land Title Act , of a plan of subdivision for identifying the scheme land for the scheme; and secondly, the recording by the registrar of the first community management statement for the scheme.\n(sec.24-ssec.2) A community titles scheme is established when the first community management statement for the scheme is recorded.\n- (a) firstly, the registration, under the Land Title Act , of a plan of subdivision for identifying the scheme land for the scheme; and\n- (b) secondly, the recording by the registrar of the first community management statement for the scheme.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Changing scheme by new community management statement","content":"### sec.25 Changing scheme by new community management statement\n\nA community titles scheme may be changed by, or in conjunction with, the recording of a new community management statement.\nThe community titles scheme is changed when the new statement is recorded.\ns 25 prev s 25 om 2003 No. 6 s 6\npres s 25 amd 2003 No. 6 s 3 sch\n(sec.25-ssec.1) A community titles scheme may be changed by, or in conjunction with, the recording of a new community management statement.\n(sec.25-ssec.2) The community titles scheme is changed when the new statement is recorded.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Changing structure of scheme","content":"### sec.26 Changing structure of scheme\n\nA layered arrangement of community titles schemes is established if a lot included in a basic scheme is subdivided to create a new community titles scheme.\nA layered arrangement of community titles schemes may be changed by the progressive subdivision of lots to create subsidiary schemes.\nSchedule 1 , part 5 gives an example of progressive subdivision to create subsidiary schemes.\ns 26 amd 2011 No. 9 s 3 sch\n(sec.26-ssec.1) A layered arrangement of community titles schemes is established if a lot included in a basic scheme is subdivided to create a new community titles scheme.\n(sec.26-ssec.2) A layered arrangement of community titles schemes may be changed by the progressive subdivision of lots to create subsidiary schemes. Schedule 1 , part 5 gives an example of progressive subdivision to create subsidiary schemes.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Establishing structures through combination","content":"### sec.27 Establishing structures through combination\n\nA new community titles scheme may be established if the new scheme includes, in addition to common property for the new scheme—\nan already existing community titles scheme and 1 or more lots that are not community titles schemes; or\n2 or more already existing community titles schemes, whether or not lots that are not community titles schemes are also included.\nFor example, if 2 community titles schemes have already been established, a new community titles scheme could be established with the lots included in the new scheme constituted by the existing 2 schemes.\nHowever, a community titles scheme may be established under this section only if—\nthe titling and subdivisional arrangements needed for the establishment are carried out under the Land Title Act ; and\nthe new scheme that is established is—\nconsistent with the requirements of this Act for a community titles scheme; and\na principal scheme.\nSchedule 1 , part 6 gives an example of the operation of this section.\ns 27 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 3 sch\n(sec.27-ssec.1) A new community titles scheme may be established if the new scheme includes, in addition to common property for the new scheme— an already existing community titles scheme and 1 or more lots that are not community titles schemes; or 2 or more already existing community titles schemes, whether or not lots that are not community titles schemes are also included.\n(sec.27-ssec.2) For example, if 2 community titles schemes have already been established, a new community titles scheme could be established with the lots included in the new scheme constituted by the existing 2 schemes.\n(sec.27-ssec.3) However, a community titles scheme may be established under this section only if— the titling and subdivisional arrangements needed for the establishment are carried out under the Land Title Act ; and the new scheme that is established is— consistent with the requirements of this Act for a community titles scheme; and a principal scheme. Schedule 1 , part 6 gives an example of the operation of this section.\n- (a) an already existing community titles scheme and 1 or more lots that are not community titles schemes; or\n- (b) 2 or more already existing community titles schemes, whether or not lots that are not community titles schemes are also included.\n- (a) the titling and subdivisional arrangements needed for the establishment are carried out under the Land Title Act ; and\n- (b) the new scheme that is established is— (i) consistent with the requirements of this Act for a community titles scheme; and (ii) a principal scheme.\n- (i) consistent with the requirements of this Act for a community titles scheme; and\n- (ii) a principal scheme.\n- (i) consistent with the requirements of this Act for a community titles scheme; and\n- (ii) a principal scheme.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Enlarging the number of lots through progressive subdivision","content":"### sec.28 Enlarging the number of lots through progressive subdivision\n\nThe number of lots included in a community titles scheme could be increased (and the establishment or enhancement of a layered arrangement of community titles schemes avoided) through the progressive subdivision of lots under the Land Title Act , part 6A , to create further lots included in the scheme.\nSchedule 1 , part 4 gives an example of the operation of this section.\ns 28 amd 2003 No. 6 s 3 sch ; 2005 No. 14 s 2 sch ; 2011 No. 9 s 3 sch","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice about change of scheme being developed progressively","content":"### sec.29 Notice about change of scheme being developed progressively\n\nThis section applies if—\na community titles scheme is intended to be developed progressively; and\nthe developer intends to change the scheme in a way that, if carried out—\nwould affect the nature of the development or 1 or more stages of the development; and\nwould not be consistent with the current development approval for the scheme.\nThe developer must give written notice of the change as required under this section to—\nthe body corporate; and\neach person who has entered into a contract with the developer to buy a proposed lot in the scheme.\nMaximum penalty for subsection (2) —300 penalty units.\nThe notice must be given at least 30 days before the developer applies for development approval for the changed scheme.\ns 29 ins 2003 No. 6 s 7\namd 2007 No. 41 s 146B\n(sec.29-ssec.1) This section applies if— a community titles scheme is intended to be developed progressively; and the developer intends to change the scheme in a way that, if carried out— would affect the nature of the development or 1 or more stages of the development; and would not be consistent with the current development approval for the scheme.\n(sec.29-ssec.2) The developer must give written notice of the change as required under this section to— the body corporate; and each person who has entered into a contract with the developer to buy a proposed lot in the scheme. Maximum penalty for subsection (2) —300 penalty units.\n(sec.29-ssec.3) The notice must be given at least 30 days before the developer applies for development approval for the changed scheme.\n- (a) a community titles scheme is intended to be developed progressively; and\n- (b) the developer intends to change the scheme in a way that, if carried out— (i) would affect the nature of the development or 1 or more stages of the development; and (ii) would not be consistent with the current development approval for the scheme.\n- (i) would affect the nature of the development or 1 or more stages of the development; and\n- (ii) would not be consistent with the current development approval for the scheme.\n- (i) would affect the nature of the development or 1 or more stages of the development; and\n- (ii) would not be consistent with the current development approval for the scheme.\n- (a) the body corporate; and\n- (b) each person who has entered into a contract with the developer to buy a proposed lot in the scheme.","sortOrder":37},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Bodies corporate","content":"# Bodies corporate","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Creation of body corporate for community titles scheme","content":"### sec.30 Creation of body corporate for community titles scheme\n\nWhen a community titles scheme is established, a body corporate is created, and is the body corporate for the scheme.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Membership of body corporate for community titles scheme","content":"### sec.31 Membership of body corporate for community titles scheme\n\nThe members of the body corporate for a community titles scheme are the owners of all lots included in the scheme.\nIf a lot included in the community titles scheme is itself a community titles scheme, the owner of the lot is the body corporate for the other scheme—see section 19 .\nSchedule 1 , parts 7 and 8 illustrate body corporate memberships.\ns 31 amd 2011 No. 9 s 3 sch\n- 1 If a lot included in the community titles scheme is itself a community titles scheme, the owner of the lot is the body corporate for the other scheme—see section 19 .\n- 2 Schedule 1 , parts 7 and 8 illustrate body corporate memberships.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Corporations Act does not apply to body corporate","content":"### sec.32 Corporations Act does not apply to body corporate\n\nThe Corporations Act does not apply to a body corporate.\ns 32 amd 2001 No. 45 s 29 sch 3","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Name of body corporate","content":"### sec.33 Name of body corporate\n\nThe name of the body corporate for a community titles scheme is the words ‘Body corporate for’ plus the name of the scheme.\nBody corporate for Seaview community titles scheme 1234\nThe body corporate for a community titles scheme may sue and be sued in its corporate name.\n(sec.33-ssec.1) The name of the body corporate for a community titles scheme is the words ‘Body corporate for’ plus the name of the scheme. Body corporate for Seaview community titles scheme 1234\n(sec.33-ssec.2) The body corporate for a community titles scheme may sue and be sued in its corporate name.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2023 No. 29 s 4","sortOrder":43},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Common property","content":"# Common property","sortOrder":44},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Ownership of common property","content":"### sec.35 Ownership of common property\n\nCommon property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.\nSubsection (1) applies even though, under the Land Title Act , the registrar creates an indefeasible title for the common property for a community titles scheme.\nAn owner’s interest in a lot is inseparable from the owner’s interest in the common property.\nA dealing affecting the lot affects, without express mention, the interest in the common property.\nAn owner can not separately deal with or dispose of the owner’s interest in the common property.\nIf the occupier of a lot is not the lot’s owner, a right the owner has under this Act to the occupation or use of common property is enjoyed by the occupier.\nThe way the body corporate for a community titles scheme ( scheme A ) may enjoy the occupation and use of the common property for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.\nIf a body corporate is authorised under this Act to enter into a transaction affecting common property, it may enter into the transaction, and execute documents related to the transaction, in its own name, as if it were the owner of an estate of fee simple in the common property.\ns 35 amd 2003 No. 6 s 3 sch\n(sec.35-ssec.1) Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.\n(sec.35-ssec.2) Subsection (1) applies even though, under the Land Title Act , the registrar creates an indefeasible title for the common property for a community titles scheme.\n(sec.35-ssec.3) An owner’s interest in a lot is inseparable from the owner’s interest in the common property. A dealing affecting the lot affects, without express mention, the interest in the common property. An owner can not separately deal with or dispose of the owner’s interest in the common property.\n(sec.35-ssec.4) If the occupier of a lot is not the lot’s owner, a right the owner has under this Act to the occupation or use of common property is enjoyed by the occupier.\n(sec.35-ssec.5) The way the body corporate for a community titles scheme ( scheme A ) may enjoy the occupation and use of the common property for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.\n(sec.35-ssec.6) If a body corporate is authorised under this Act to enter into a transaction affecting common property, it may enter into the transaction, and execute documents related to the transaction, in its own name, as if it were the owner of an estate of fee simple in the common property.\n- 1 A dealing affecting the lot affects, without express mention, the interest in the common property.\n- 2 An owner can not separately deal with or dispose of the owner’s interest in the common property.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Rights and responsibilities for common property","content":"### sec.36 Rights and responsibilities for common property\n\nThe body corporate for a community titles scheme may sue and be sued for rights and liabilities related to the common property as if the body corporate were the owner of the common property.\nIf a person, including the owner of a lot included in the community titles scheme, damages the common property, the body corporate may sue to recover the loss arising from the damage.\nFor common property other than common property for which an entity other than the body corporate is the occupier, the body corporate may sue and be sued as if the body corporate were the occupier.\nIf a person is injured while on the common property (other than common property for which an entity other than the body corporate is the occupier), an action claiming failure by the occupier to exercise a proper standard of care lies against the body corporate.\nIf, before a community titles scheme is established, a contract is entered into to have work carried out on land that becomes scheme land—\nthe body corporate is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is common property; and\na lot owner is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is the lot.\ns 36 prev s 36 amd 2003 No. 6 s 3 sch (amdt could not be given effect)\nom 2003 No. 6 s 8\n(sec.36-ssec.1) The body corporate for a community titles scheme may sue and be sued for rights and liabilities related to the common property as if the body corporate were the owner of the common property. If a person, including the owner of a lot included in the community titles scheme, damages the common property, the body corporate may sue to recover the loss arising from the damage.\n(sec.36-ssec.2) For common property other than common property for which an entity other than the body corporate is the occupier, the body corporate may sue and be sued as if the body corporate were the occupier. If a person is injured while on the common property (other than common property for which an entity other than the body corporate is the occupier), an action claiming failure by the occupier to exercise a proper standard of care lies against the body corporate.\n(sec.36-ssec.3) If, before a community titles scheme is established, a contract is entered into to have work carried out on land that becomes scheme land— the body corporate is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is common property; and a lot owner is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is the lot.\n- (a) the body corporate is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is common property; and\n- (b) a lot owner is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is the lot.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Creating common property (no new scheme)","content":"### sec.37 Creating common property (no new scheme)\n\nIf authorised by resolution without dissent, the body corporate for a community titles scheme may acquire, and incorporate with the common property for the scheme—\nland in fee simple contiguous to scheme land; or\na lot included in the scheme.\nSubsection (1) applies only if—\nthe titling and subdivisional arrangements needed for the acquisition are carried out under the Land Title Act ; and\nthe scheme, as changed by the creation of the new common property, is consistent with the requirements of this Act for a community titles scheme.\ns 37 amd 2003 No. 6 s 3 sch\n(sec.37-ssec.1) If authorised by resolution without dissent, the body corporate for a community titles scheme may acquire, and incorporate with the common property for the scheme— land in fee simple contiguous to scheme land; or a lot included in the scheme.\n(sec.37-ssec.2) Subsection (1) applies only if— the titling and subdivisional arrangements needed for the acquisition are carried out under the Land Title Act ; and the scheme, as changed by the creation of the new common property, is consistent with the requirements of this Act for a community titles scheme.\n- (a) land in fee simple contiguous to scheme land; or\n- (b) a lot included in the scheme.\n- (a) the titling and subdivisional arrangements needed for the acquisition are carried out under the Land Title Act ; and\n- (b) the scheme, as changed by the creation of the new common property, is consistent with the requirements of this Act for a community titles scheme.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Creating common property by subdivision (no new scheme)","content":"### sec.38 Creating common property by subdivision (no new scheme)\n\nThis section applies if—\na lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and\nthe lots created under the plan of subdivision become lots in scheme A.\nLand in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.\nHowever, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.\ns 38 amd 1997 No. 78 s 8\n(sec.38-ssec.1) This section applies if— a lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and the lots created under the plan of subdivision become lots in scheme A.\n(sec.38-ssec.2) Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.\n(sec.38-ssec.3) However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.\n- (a) a lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and\n- (b) the lots created under the plan of subdivision become lots in scheme A.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Creating common property from scheme land (new scheme)","content":"### sec.39 Creating common property from scheme land (new scheme)\n\nThis section applies if a lot included in a community titles scheme ( scheme A ) is subdivided and becomes a new community titles scheme.\nLand in the subdivided lot that does not become scheme land for the new scheme could become common property for scheme A.\nHowever, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.\ns 39 amd 1997 No. 78 s 9\n(sec.39-ssec.1) This section applies if a lot included in a community titles scheme ( scheme A ) is subdivided and becomes a new community titles scheme.\n(sec.39-ssec.2) Land in the subdivided lot that does not become scheme land for the new scheme could become common property for scheme A.\n(sec.39-ssec.3) However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.","sortOrder":50},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Body corporate acquisition of, and dealing with, lot included in its own scheme","content":"## Body corporate acquisition of, and dealing with, lot included in its own scheme","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Acquisition for letting agent purposes","content":"### sec.40 Acquisition for letting agent purposes\n\nThis section applies to the body corporate for a community titles scheme if the original owner control period for the scheme has ended.\nThe body corporate may acquire a lot included in the scheme if—\nthe lot is to become common property for use solely for—\na residence for a letting agent or service contractor (each a body corporate lessee ) for the scheme; or\na residence for the letting agent and an office for conducting the letting agent business; and\nthe body corporate, by resolution without dissent, authorises the acquisition for the use.\ns 40 sub 2003 No. 6 s 9\n(sec.40-ssec.1) This section applies to the body corporate for a community titles scheme if the original owner control period for the scheme has ended.\n(sec.40-ssec.2) The body corporate may acquire a lot included in the scheme if— the lot is to become common property for use solely for— a residence for a letting agent or service contractor (each a body corporate lessee ) for the scheme; or a residence for the letting agent and an office for conducting the letting agent business; and the body corporate, by resolution without dissent, authorises the acquisition for the use.\n- (a) the lot is to become common property for use solely for— (i) a residence for a letting agent or service contractor (each a body corporate lessee ) for the scheme; or (ii) a residence for the letting agent and an office for conducting the letting agent business; and\n- (i) a residence for a letting agent or service contractor (each a body corporate lessee ) for the scheme; or\n- (ii) a residence for the letting agent and an office for conducting the letting agent business; and\n- (b) the body corporate, by resolution without dissent, authorises the acquisition for the use.\n- (i) a residence for a letting agent or service contractor (each a body corporate lessee ) for the scheme; or\n- (ii) a residence for the letting agent and an office for conducting the letting agent business; and","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Lease","content":"### sec.41 Lease\n\nIf the body corporate acquires a lot under section 40 , the body corporate must—\nincorporate the lot with common property for the scheme; and\nlease the part of the common property that is the incorporated lot (the lessee common property ) to the body corporate lessee for a period not longer than the term of the person’s authorisation as letting agent or engagement as a service contractor.\ns 41 ins 2003 No. 6 s 9\n- (a) incorporate the lot with common property for the scheme; and\n- (b) lease the part of the common property that is the incorporated lot (the lessee common property ) to the body corporate lessee for a period not longer than the term of the person’s authorisation as letting agent or engagement as a service contractor.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prohibition on benefits","content":"### sec.42 Prohibition on benefits\n\nThe body corporate must not receive, whether directly or indirectly, an amount or benefit by way of a premium for the lease.\nIf an amount or benefit is given to or accepted by the body corporate in contravention of subsection (1) , the person who paid the amount or conferred the benefit may recover from the body corporate the amount, or the value of the benefit, as a debt.\nSubsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred by the body corporate under the lease.\ns 42 ins 2003 No. 6 s 9\n(sec.42-ssec.1) The body corporate must not receive, whether directly or indirectly, an amount or benefit by way of a premium for the lease.\n(sec.42-ssec.2) If an amount or benefit is given to or accepted by the body corporate in contravention of subsection (1) , the person who paid the amount or conferred the benefit may recover from the body corporate the amount, or the value of the benefit, as a debt.\n(sec.42-ssec.3) Subsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred by the body corporate under the lease.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Effect of ending of authorisation","content":"### sec.43 Effect of ending of authorisation\n\nIf the body corporate lessee’s authorisation as a letting agent or engagement as service contractor ends, whether by termination or otherwise—\nthe lease ends immediately; and\nif the lessee common property is no longer to be used for a purpose mentioned in section 40 (2) (a) , the body corporate must convert the lessee common property to a lot in the scheme.\nIn incorporating a lot with common property under section 41 (a) , or in converting lessee common property to a lot under subsection (1) (b) , the body corporate must ensure any necessary titling and subdivisional arrangements are carried out under the Land Title Act .\ns 43 ins 2003 No. 6 s 9\n(sec.43-ssec.1) If the body corporate lessee’s authorisation as a letting agent or engagement as service contractor ends, whether by termination or otherwise— the lease ends immediately; and if the lessee common property is no longer to be used for a purpose mentioned in section 40 (2) (a) , the body corporate must convert the lessee common property to a lot in the scheme.\n(sec.43-ssec.2) In incorporating a lot with common property under section 41 (a) , or in converting lessee common property to a lot under subsection (1) (b) , the body corporate must ensure any necessary titling and subdivisional arrangements are carried out under the Land Title Act .\n- (a) the lease ends immediately; and\n- (b) if the lessee common property is no longer to be used for a purpose mentioned in section 40 (2) (a) , the body corporate must convert the lessee common property to a lot in the scheme.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Body corporate interest in lot included in its own scheme","content":"### sec.44 Body corporate interest in lot included in its own scheme\n\nThe body corporate for a community titles scheme may have an interest in a lot included in the scheme if the interest is—\na registered easement for 1 or more basic utility services for the scheme; or\nan interest acquired in a lot for section 37 or 40 .\ns 44 ins 2003 No. 6 s 9\n- (a) a registered easement for 1 or more basic utility services for the scheme; or\n- (b) an interest acquired in a lot for section 37 or 40 .","sortOrder":56},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Body corporate assets","content":"# Body corporate assets","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Ownership and enjoyment of body corporate assets","content":"### sec.45 Ownership and enjoyment of body corporate assets\n\nThe body corporate for a community titles scheme holds the body corporate assets beneficially.\nProperty can not be a body corporate asset for more than 1 community titles scheme, although a body corporate asset may comprise a share as tenant in common in an item of property, including, for example, property in which the body corporate for another community titles scheme also has a share.\nA body corporate may (in the way and to the extent this Act provides) acquire, and dispose of, a body corporate asset, but must not, except to the extent permitted under a regulation module, mortgage, or otherwise create a charge over, the asset.\nThe way the body corporate for a community titles scheme ( scheme A ) may use the body corporate assets for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.\n(sec.45-ssec.1) The body corporate for a community titles scheme holds the body corporate assets beneficially.\n(sec.45-ssec.2) Property can not be a body corporate asset for more than 1 community titles scheme, although a body corporate asset may comprise a share as tenant in common in an item of property, including, for example, property in which the body corporate for another community titles scheme also has a share.\n(sec.45-ssec.3) A body corporate may (in the way and to the extent this Act provides) acquire, and dispose of, a body corporate asset, but must not, except to the extent permitted under a regulation module, mortgage, or otherwise create a charge over, the asset.\n(sec.45-ssec.4) The way the body corporate for a community titles scheme ( scheme A ) may use the body corporate assets for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.","sortOrder":58},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Lot entitlements","content":"# Lot entitlements","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Lot entitlements","content":"### sec.46 Lot entitlements\n\nA lot entitlement , for a lot included in a community titles scheme, means the number allocated to the lot in the contribution schedule or interest schedule in the community management statement.\nThe contribution schedule is the schedule in a community management statement containing each lot’s contribution schedule lot entitlement.\nThe interest schedule is the schedule in a community management statement containing each lot’s interest schedule lot entitlement.\nThe contribution schedule lot entitlement , for a lot, means the number allocated to the lot in the contribution schedule.\nThe interest schedule lot entitlement , for a lot, means the number allocated to the lot in the interest schedule.\nA lot entitlement must be a whole number, but must not be 0.\nFor the contribution schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with either—\nthe equality principle; or\nthe relativity principle.\nFor the interest schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with the market value principle.\nIn deciding the contribution schedule lot entitlements for a community titles scheme under subsection (7) (a) , or the interest schedule lot entitlements for a community titles scheme under subsection (8) , regard must be had to—\nhow the scheme is structured; and\nthe nature, features and characteristics of the lots included in the scheme; and\nthe purposes for which the lots are used.\nA change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\ns 46 amd 2003 No. 6 s 10 ; 2011 No. 9 s 4\n(sec.46-ssec.1) A lot entitlement , for a lot included in a community titles scheme, means the number allocated to the lot in the contribution schedule or interest schedule in the community management statement.\n(sec.46-ssec.2) The contribution schedule is the schedule in a community management statement containing each lot’s contribution schedule lot entitlement.\n(sec.46-ssec.3) The interest schedule is the schedule in a community management statement containing each lot’s interest schedule lot entitlement.\n(sec.46-ssec.4) The contribution schedule lot entitlement , for a lot, means the number allocated to the lot in the contribution schedule.\n(sec.46-ssec.5) The interest schedule lot entitlement , for a lot, means the number allocated to the lot in the interest schedule.\n(sec.46-ssec.6) A lot entitlement must be a whole number, but must not be 0.\n(sec.46-ssec.7) For the contribution schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with either— the equality principle; or the relativity principle.\n(sec.46-ssec.8) For the interest schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with the market value principle.\n(sec.46-ssec.9) In deciding the contribution schedule lot entitlements for a community titles scheme under subsection (7) (a) , or the interest schedule lot entitlements for a community titles scheme under subsection (8) , regard must be had to— how the scheme is structured; and the nature, features and characteristics of the lots included in the scheme; and the purposes for which the lots are used.\n(sec.46-ssec.10) A change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n- (a) the equality principle; or\n- (b) the relativity principle.\n- (a) how the scheme is structured; and\n- (b) the nature, features and characteristics of the lots included in the scheme; and\n- (c) the purposes for which the lots are used.","sortOrder":60},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Principles for deciding contribution schedule lot entitlements","content":"### sec.46A Principles for deciding contribution schedule lot entitlements\n\nThe equality principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal.\na layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access or maintenance\na commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or higher risk activity than the owners of the other lots\nThe relativity principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must clearly demonstrate the relationship between the lots by reference to 1 or more particular relevant factors.\nA relevant factor for subsection (2) may, and may only, be any of the following—\nhow the community titles scheme is structured;\nthe nature, features and characteristics of the lots;\nthe purposes for which the lots are used;\nthe impact the lots may have on the costs of maintaining the common property;\nthe market values of the lots.\ns 46A ins 2011 No. 9 s 5\n(sec.46A-ssec.1) The equality principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal. a layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access or maintenance a commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or higher risk activity than the owners of the other lots\n(sec.46A-ssec.2) The relativity principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must clearly demonstrate the relationship between the lots by reference to 1 or more particular relevant factors.\n(sec.46A-ssec.3) A relevant factor for subsection (2) may, and may only, be any of the following— how the community titles scheme is structured; the nature, features and characteristics of the lots; the purposes for which the lots are used; the impact the lots may have on the costs of maintaining the common property; the market values of the lots.\n- • a layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access or maintenance\n- • a commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or higher risk activity than the owners of the other lots\n- (a) how the community titles scheme is structured;\n- (b) the nature, features and characteristics of the lots;\n- (c) the purposes for which the lots are used;\n- (d) the impact the lots may have on the costs of maintaining the common property;\n- (e) the market values of the lots.","sortOrder":61},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Principle for deciding interest schedule lot entitlements","content":"### sec.46B Principle for deciding interest schedule lot entitlements\n\nThe market value principle for deciding interest schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must reflect the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.\nThe following apply for working out the market values of lots included in a community titles scheme—\nif a lot included in the scheme is a subsidiary scheme, the market value of the lot is the market value of the scheme land for the subsidiary scheme;\nfor establishing the market value of a lot created under a standard format plan of subdivision or volumetric format plan of subdivision, buildings and improvements on the lot are to be disregarded.\ns 46B ins 2011 No. 9 s 5\n(sec.46B-ssec.1) The market value principle for deciding interest schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must reflect the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.\n(sec.46B-ssec.2) The following apply for working out the market values of lots included in a community titles scheme— if a lot included in the scheme is a subsidiary scheme, the market value of the lot is the market value of the scheme land for the subsidiary scheme; for establishing the market value of a lot created under a standard format plan of subdivision or volumetric format plan of subdivision, buildings and improvements on the lot are to be disregarded.\n- (a) if a lot included in the scheme is a subsidiary scheme, the market value of the lot is the market value of the scheme land for the subsidiary scheme;\n- (b) for establishing the market value of a lot created under a standard format plan of subdivision or volumetric format plan of subdivision, buildings and improvements on the lot are to be disregarded.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application of lot entitlements","content":"### sec.47 Application of lot entitlements\n\nThis section states the general principles for the application of lot entitlements to a community titles scheme, but has effect subject to provisions of this Act providing more specifically for the application of lot entitlements.\nThe contribution schedule lot entitlement for a lot is the basis for calculating—\nthe lot owner’s share of amounts levied by the body corporate, unless the extent of the lot owner’s obligation to contribute to a levy for a particular purpose is specifically otherwise provided for in this Act; and\nThe regulation module applying to a community titles scheme might provide that a lot owner’s contribution to some or all of the insurance required to be put in place by the body corporate is to be calculated on the basis of the lot’s interest schedule lot entitlement.\nother than for the owner of a lot included in a specified two-lot scheme, the value of the lot owner’s vote for voting on an ordinary resolution if a poll is conducted for voting on the resolution.\nThe interest schedule lot entitlement for a lot is the basis for calculating—\nthe lot owner’s share of common property; and\nif the scheme is terminated under chapter 2 , part 9 , division 2 or 3 —the lot owner’s interest on termination of the scheme, including the lot owner’s share in body corporate assets on termination of the scheme; and\nthe value of the lot, for the purpose of a charge, levy, rate or tax that is payable directly to a local government, the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 or other authority and that is calculated and imposed on the basis of value.\nNeither the contribution schedule lot entitlement nor the interest schedule lot entitlement for a lot is used for the calculation of the liability of the owner or occupier of the lot for the supply of a utility service to the lot if the amount of the utility service supplied to each lot is capable of separate measurement, and the owner or occupier is billed directly.\ns 47 amd 2009 No. 19 s 95 sch 2 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2011 No. 9 ss 6 , 3 sch ; 2023 No. 29 s 5\n(sec.47-ssec.1) This section states the general principles for the application of lot entitlements to a community titles scheme, but has effect subject to provisions of this Act providing more specifically for the application of lot entitlements.\n(sec.47-ssec.2) The contribution schedule lot entitlement for a lot is the basis for calculating— the lot owner’s share of amounts levied by the body corporate, unless the extent of the lot owner’s obligation to contribute to a levy for a particular purpose is specifically otherwise provided for in this Act; and The regulation module applying to a community titles scheme might provide that a lot owner’s contribution to some or all of the insurance required to be put in place by the body corporate is to be calculated on the basis of the lot’s interest schedule lot entitlement. other than for the owner of a lot included in a specified two-lot scheme, the value of the lot owner’s vote for voting on an ordinary resolution if a poll is conducted for voting on the resolution.\n(sec.47-ssec.3) The interest schedule lot entitlement for a lot is the basis for calculating— the lot owner’s share of common property; and if the scheme is terminated under chapter 2 , part 9 , division 2 or 3 —the lot owner’s interest on termination of the scheme, including the lot owner’s share in body corporate assets on termination of the scheme; and the value of the lot, for the purpose of a charge, levy, rate or tax that is payable directly to a local government, the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 or other authority and that is calculated and imposed on the basis of value.\n(sec.47-ssec.4) Neither the contribution schedule lot entitlement nor the interest schedule lot entitlement for a lot is used for the calculation of the liability of the owner or occupier of the lot for the supply of a utility service to the lot if the amount of the utility service supplied to each lot is capable of separate measurement, and the owner or occupier is billed directly.\n- (a) the lot owner’s share of amounts levied by the body corporate, unless the extent of the lot owner’s obligation to contribute to a levy for a particular purpose is specifically otherwise provided for in this Act; and Note— The regulation module applying to a community titles scheme might provide that a lot owner’s contribution to some or all of the insurance required to be put in place by the body corporate is to be calculated on the basis of the lot’s interest schedule lot entitlement.\n- (b) other than for the owner of a lot included in a specified two-lot scheme, the value of the lot owner’s vote for voting on an ordinary resolution if a poll is conducted for voting on the resolution.\n- (a) the lot owner’s share of common property; and\n- (b) if the scheme is terminated under chapter 2 , part 9 , division 2 or 3 —the lot owner’s interest on termination of the scheme, including the lot owner’s share in body corporate assets on termination of the scheme; and\n- (c) the value of the lot, for the purpose of a charge, levy, rate or tax that is payable directly to a local government, the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 or other authority and that is calculated and imposed on the basis of value.","sortOrder":63},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Adjustment of contribution schedule by resolution without dissent","content":"### sec.47A Adjustment of contribution schedule by resolution without dissent\n\nThe body corporate for a community titles scheme, by resolution without dissent, may change the contribution schedule lot entitlements for the lots included in the scheme.\nThe notice of the meeting at which the resolution is proposed to be passed must state, or be accompanied by a written notice stating—\nthe proposed changes to the contribution schedule lot entitlements; and\nthe reasons for the proposed changes to the contribution schedule lot entitlements.\nThe changed contribution schedule lot entitlements must be consistent with either—\nthe deciding principle for the existing contribution schedule lot entitlements; or\nanother principle, if it is a contribution schedule principle.\nFor subsection (3) , if the deciding principle for the existing contribution schedule lot entitlements is the relativity principle based on 1 or more particular relevant factors (the original factors ), the changed contribution schedule lot entitlements may—\nunder subsection (3) (a) , be consistent with the relativity principle based on the same particular relevant factors; or\nunder subsection (3) (b) , be consistent with—\nthe relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or\nanother contribution schedule principle.\nThe body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.\nMaximum penalty—100 penalty units.\nUnder section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\nThe new community management statement must be prepared and recorded at the expense of the body corporate.\ns 47A ins 2011 No. 9 s 7\n(sec.47A-ssec.1) The body corporate for a community titles scheme, by resolution without dissent, may change the contribution schedule lot entitlements for the lots included in the scheme.\n(sec.47A-ssec.2) The notice of the meeting at which the resolution is proposed to be passed must state, or be accompanied by a written notice stating— the proposed changes to the contribution schedule lot entitlements; and the reasons for the proposed changes to the contribution schedule lot entitlements.\n(sec.47A-ssec.3) The changed contribution schedule lot entitlements must be consistent with either— the deciding principle for the existing contribution schedule lot entitlements; or another principle, if it is a contribution schedule principle.\n(sec.47A-ssec.4) For subsection (3) , if the deciding principle for the existing contribution schedule lot entitlements is the relativity principle based on 1 or more particular relevant factors (the original factors ), the changed contribution schedule lot entitlements may— under subsection (3) (a) , be consistent with the relativity principle based on the same particular relevant factors; or under subsection (3) (b) , be consistent with— the relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or another contribution schedule principle.\n(sec.47A-ssec.5) The body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change. Maximum penalty—100 penalty units. Under section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n(sec.47A-ssec.6) The new community management statement must be prepared and recorded at the expense of the body corporate.\n- (a) the proposed changes to the contribution schedule lot entitlements; and\n- (b) the reasons for the proposed changes to the contribution schedule lot entitlements.\n- (a) the deciding principle for the existing contribution schedule lot entitlements; or\n- (b) another principle, if it is a contribution schedule principle.\n- (a) under subsection (3) (a) , be consistent with the relativity principle based on the same particular relevant factors; or\n- (b) under subsection (3) (b) , be consistent with— (i) the relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or (ii) another contribution schedule principle.\n- (i) the relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or\n- (ii) another contribution schedule principle.\n- (i) the relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or\n- (ii) another contribution schedule principle.","sortOrder":64},{"sectionNumber":"sec.47AA","sectionType":"section","heading":"Dispute about resolution under s 47A","content":"### sec.47AA Dispute about resolution under s 47A\n\nThis section applies if a body corporate for a community titles scheme (the scheme ) considers a motion under section 47A to change the contribution schedule lot entitlements for the lots included in the scheme.\nIf the body corporate passes the motion by resolution without dissent (the resolution ) under section 47A , an owner of a lot included in the scheme may apply under subsection (3) if the owner—\nwas the owner of a lot included in the scheme when the body corporate passed the resolution; and\nbelieves that the contribution schedule lot entitlements as changed by the resolution (the changed entitlements ) are not consistent with whichever of the principles (the relevant principle ) mentioned in section 47A (3) (a) or (b) was used as the basis for the change.\nThe owner may apply—\nunder chapter 6 for an order of a specialist adjudicator that the changed entitlements are not consistent with the relevant principle; or\nas provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, that the changed entitlements are not consistent with the relevant principle.\nExcept as provided in subsection (3) and section 47AC —\nan owner of a lot included in the scheme may not make any application under chapter 6 , or to QCAT, in relation to a dispute about the changed entitlements; and\nQCAT, or a department adjudicator or specialist adjudicator under chapter 6 , has no jurisdiction to hear and determine a dispute about the changed entitlements.\nWithout limiting subsection (4) , a department adjudicator or a specialist adjudicator under chapter 6 has no jurisdiction to determine a dispute about whether or not a body corporate acted reasonably under section 94 (2) in deciding to pass, or not to pass, a resolution under section 47A .\ns 47AA ins 2013 No. 11 s 4\n(sec.47AA-ssec.1) This section applies if a body corporate for a community titles scheme (the scheme ) considers a motion under section 47A to change the contribution schedule lot entitlements for the lots included in the scheme.\n(sec.47AA-ssec.2) If the body corporate passes the motion by resolution without dissent (the resolution ) under section 47A , an owner of a lot included in the scheme may apply under subsection (3) if the owner— was the owner of a lot included in the scheme when the body corporate passed the resolution; and believes that the contribution schedule lot entitlements as changed by the resolution (the changed entitlements ) are not consistent with whichever of the principles (the relevant principle ) mentioned in section 47A (3) (a) or (b) was used as the basis for the change.\n(sec.47AA-ssec.3) The owner may apply— under chapter 6 for an order of a specialist adjudicator that the changed entitlements are not consistent with the relevant principle; or as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, that the changed entitlements are not consistent with the relevant principle.\n(sec.47AA-ssec.4) Except as provided in subsection (3) and section 47AC — an owner of a lot included in the scheme may not make any application under chapter 6 , or to QCAT, in relation to a dispute about the changed entitlements; and QCAT, or a department adjudicator or specialist adjudicator under chapter 6 , has no jurisdiction to hear and determine a dispute about the changed entitlements.\n(sec.47AA-ssec.5) Without limiting subsection (4) , a department adjudicator or a specialist adjudicator under chapter 6 has no jurisdiction to determine a dispute about whether or not a body corporate acted reasonably under section 94 (2) in deciding to pass, or not to pass, a resolution under section 47A .\n- (a) was the owner of a lot included in the scheme when the body corporate passed the resolution; and\n- (b) believes that the contribution schedule lot entitlements as changed by the resolution (the changed entitlements ) are not consistent with whichever of the principles (the relevant principle ) mentioned in section 47A (3) (a) or (b) was used as the basis for the change.\n- (a) under chapter 6 for an order of a specialist adjudicator that the changed entitlements are not consistent with the relevant principle; or\n- (b) as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, that the changed entitlements are not consistent with the relevant principle.\n- (a) an owner of a lot included in the scheme may not make any application under chapter 6 , or to QCAT, in relation to a dispute about the changed entitlements; and\n- (b) QCAT, or a department adjudicator or specialist adjudicator under chapter 6 , has no jurisdiction to hear and determine a dispute about the changed entitlements.","sortOrder":65},{"sectionNumber":"sec.47AB","sectionType":"section","heading":"Procedural matters for application under s 47AA","content":"### sec.47AB Procedural matters for application under s 47AA\n\nThis section applies if an owner of a lot included in a community titles scheme makes an application under section 47AA (3) .\nDespite any other law or statutory instrument, the respondent to the application is the body corporate.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6 — section 243 ; or\nfor an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\nIf the owner applies under section 47AA (3) (a) for an order of a specialist adjudicator under chapter 6 —\nat the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application.\nAn owner of a lot included in the scheme who elects, under subsection (3) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\ns 47AB ins 2013 No. 11 s 4\n(sec.47AB-ssec.1) This section applies if an owner of a lot included in a community titles scheme makes an application under section 47AA (3) .\n(sec.47AB-ssec.2) Despite any other law or statutory instrument, the respondent to the application is the body corporate. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6 — section 243 ; or for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n(sec.47AB-ssec.3) If the owner applies under section 47AA (3) (a) for an order of a specialist adjudicator under chapter 6 — at the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application.\n(sec.47AB-ssec.4) An owner of a lot included in the scheme who elects, under subsection (3) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\n- (a) for an application to a specialist adjudicator under chapter 6 — section 243 ; or\n- (b) for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n- (a) at the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application.","sortOrder":66},{"sectionNumber":"sec.47AC","sectionType":"section","heading":"Order of specialist adjudicator or QCAT on application under s 47AA","content":"### sec.47AC Order of specialist adjudicator or QCAT on application under s 47AA\n\nThis section applies if, on an application under section 47AA (3) , the specialist adjudicator or QCAT makes an order that the changed entitlements are not consistent with the relevant principle.\nThe body corporate must not lodge a request under section 47A (5) .\nSubsection (4) applies if the body corporate lodged a request (the original request ) under section 47A (5) before the specialist adjudicator or QCAT made the order.\nThe body corporate must, as quickly as practicable after the specialist adjudicator or QCAT makes the order, lodge a request to record a new community management statement for the scheme that incorporates the contribution schedule lot entitlements that applied to the lots included in the scheme immediately before the body corporate passed the resolution under section 47A .\nMaximum penalty—100 penalty units.\nHowever, the body corporate need not lodge a request under subsection (4) if—\nthe community management statement mentioned in the original request has not been recorded when the specialist adjudicator or QCAT makes the order; and\nafter the specialist adjudicator or QCAT makes the order, the body corporate is able to withdraw the original request; and\nas a result of the body corporate withdrawing the original request, the community management statement mentioned in the original request is not recorded.\ns 47AC ins 2013 No. 11 s 4\n(sec.47AC-ssec.1) This section applies if, on an application under section 47AA (3) , the specialist adjudicator or QCAT makes an order that the changed entitlements are not consistent with the relevant principle.\n(sec.47AC-ssec.2) The body corporate must not lodge a request under section 47A (5) .\n(sec.47AC-ssec.3) Subsection (4) applies if the body corporate lodged a request (the original request ) under section 47A (5) before the specialist adjudicator or QCAT made the order.\n(sec.47AC-ssec.4) The body corporate must, as quickly as practicable after the specialist adjudicator or QCAT makes the order, lodge a request to record a new community management statement for the scheme that incorporates the contribution schedule lot entitlements that applied to the lots included in the scheme immediately before the body corporate passed the resolution under section 47A . Maximum penalty—100 penalty units.\n(sec.47AC-ssec.5) However, the body corporate need not lodge a request under subsection (4) if— the community management statement mentioned in the original request has not been recorded when the specialist adjudicator or QCAT makes the order; and after the specialist adjudicator or QCAT makes the order, the body corporate is able to withdraw the original request; and as a result of the body corporate withdrawing the original request, the community management statement mentioned in the original request is not recorded.\n- (a) the community management statement mentioned in the original request has not been recorded when the specialist adjudicator or QCAT makes the order; and\n- (b) after the specialist adjudicator or QCAT makes the order, the body corporate is able to withdraw the original request; and\n- (c) as a result of the body corporate withdrawing the original request, the community management statement mentioned in the original request is not recorded.","sortOrder":67},{"sectionNumber":"sec.47B","sectionType":"section","heading":"Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT","content":"### sec.47B Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT\n\nThis section applies if—\na community titles scheme is affected by a material change that has happened since the last time the contribution schedule lot entitlements for the lots included in the scheme were decided; and\nthe owner of a lot included in the scheme believes an adjustment of the contribution schedule for the scheme is necessary because of the material change.\nThis section also applies if—\na community titles scheme is established after the commencement of this section; and\nthere has been no change to the contribution schedule lot entitlements for the lots included in the scheme arising from—\na resolution passed under section 47A ; or\nan order of a specialist adjudicator or QCAT mentioned in section 47AC ; or\na decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and\nthe owner of a lot included in the scheme believes the contribution schedule lot entitlements for the lots included in the scheme are not consistent with the deciding principle for the lot entitlements.\nIn addition, this section applies if—\na new community management statement is recorded for a community titles scheme to reflect a formal acquisition affecting the scheme; and\nthere has been a change to the contribution schedule lot entitlements for the lots included in the scheme because of the formal acquisition; and\nthe owner of a lot included in the scheme believes that, because of the change, the contribution schedule lot entitlements for the lots included in the scheme—\nare not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the lot entitlements, are not just and equitable.\nThe owner of the lot may apply—\nunder chapter 6 , for an order of a specialist adjudicator for an adjustment of the contribution schedule for the community titles scheme; or\nas provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme.\nDespite any other law or statutory instrument, the respondent to an application mentioned in subsection (3) is the body corporate.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6 — section 243 ; or\nfor an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\nIf the owner applies under chapter 6 for an order of a specialist adjudicator—\nat the election of another owner of a lot in the community titles scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application.\nAn owner of a lot in the community titles scheme who elects, under subsection (5) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\nIf the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the adjusted contribution schedule lot entitlements for the lots included in the community titles scheme must—\nbe consistent with the deciding principle for the existing contribution schedule lot entitlements, and be just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the existing contribution schedule lot entitlements, be just and equitable.\nIf the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the adjustment ordered.\nMaximum penalty—100 penalty units.\nUnder section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\nTo remove any doubt, it is declared that, if there is a deciding principle for the existing contribution schedule lot entitlements, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.\ns 47B ins 2011 No. 9 s 7\namd 2013 No. 11 s 5 ; 2013 No. 25 s 4\n(sec.47B-ssec.1) This section applies if— a community titles scheme is affected by a material change that has happened since the last time the contribution schedule lot entitlements for the lots included in the scheme were decided; and the owner of a lot included in the scheme believes an adjustment of the contribution schedule for the scheme is necessary because of the material change.\n(sec.47B-ssec.2) This section also applies if— a community titles scheme is established after the commencement of this section; and there has been no change to the contribution schedule lot entitlements for the lots included in the scheme arising from— a resolution passed under section 47A ; or an order of a specialist adjudicator or QCAT mentioned in section 47AC ; or a decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and the owner of a lot included in the scheme believes the contribution schedule lot entitlements for the lots included in the scheme are not consistent with the deciding principle for the lot entitlements.\n(sec.47B-ssec.2A) In addition, this section applies if— a new community management statement is recorded for a community titles scheme to reflect a formal acquisition affecting the scheme; and there has been a change to the contribution schedule lot entitlements for the lots included in the scheme because of the formal acquisition; and the owner of a lot included in the scheme believes that, because of the change, the contribution schedule lot entitlements for the lots included in the scheme— are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the lot entitlements, are not just and equitable.\n(sec.47B-ssec.3) The owner of the lot may apply— under chapter 6 , for an order of a specialist adjudicator for an adjustment of the contribution schedule for the community titles scheme; or as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme.\n(sec.47B-ssec.4) Despite any other law or statutory instrument, the respondent to an application mentioned in subsection (3) is the body corporate. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6 — section 243 ; or for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n(sec.47B-ssec.5) If the owner applies under chapter 6 for an order of a specialist adjudicator— at the election of another owner of a lot in the community titles scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application.\n(sec.47B-ssec.6) An owner of a lot in the community titles scheme who elects, under subsection (5) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\n(sec.47B-ssec.7) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the adjusted contribution schedule lot entitlements for the lots included in the community titles scheme must— be consistent with the deciding principle for the existing contribution schedule lot entitlements, and be just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the existing contribution schedule lot entitlements, be just and equitable.\n(sec.47B-ssec.8) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the adjustment ordered. Maximum penalty—100 penalty units. Under section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n(sec.47B-ssec.9) To remove any doubt, it is declared that, if there is a deciding principle for the existing contribution schedule lot entitlements, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.\n- (a) a community titles scheme is affected by a material change that has happened since the last time the contribution schedule lot entitlements for the lots included in the scheme were decided; and\n- (b) the owner of a lot included in the scheme believes an adjustment of the contribution schedule for the scheme is necessary because of the material change.\n- (a) a community titles scheme is established after the commencement of this section; and\n- (b) there has been no change to the contribution schedule lot entitlements for the lots included in the scheme arising from— (i) a resolution passed under section 47A ; or (ii) an order of a specialist adjudicator or QCAT mentioned in section 47AC ; or (iii) a decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and\n- (i) a resolution passed under section 47A ; or\n- (ii) an order of a specialist adjudicator or QCAT mentioned in section 47AC ; or\n- (iii) a decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and\n- (c) the owner of a lot included in the scheme believes the contribution schedule lot entitlements for the lots included in the scheme are not consistent with the deciding principle for the lot entitlements.\n- (i) a resolution passed under section 47A ; or\n- (ii) an order of a specialist adjudicator or QCAT mentioned in section 47AC ; or\n- (iii) a decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and\n- (a) a new community management statement is recorded for a community titles scheme to reflect a formal acquisition affecting the scheme; and\n- (b) there has been a change to the contribution schedule lot entitlements for the lots included in the scheme because of the formal acquisition; and\n- (c) the owner of a lot included in the scheme believes that, because of the change, the contribution schedule lot entitlements for the lots included in the scheme— (i) are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or (ii) if there is no apparent deciding principle for the lot entitlements, are not just and equitable.\n- (i) are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or\n- (ii) if there is no apparent deciding principle for the lot entitlements, are not just and equitable.\n- (i) are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or\n- (ii) if there is no apparent deciding principle for the lot entitlements, are not just and equitable.\n- (a) under chapter 6 , for an order of a specialist adjudicator for an adjustment of the contribution schedule for the community titles scheme; or\n- (b) as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme.\n- (a) for an application to a specialist adjudicator under chapter 6 — section 243 ; or\n- (b) for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n- (a) at the election of another owner of a lot in the community titles scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application.\n- (a) be consistent with the deciding principle for the existing contribution schedule lot entitlements, and be just and equitable to the extent the deciding principle allows; or\n- (b) if there is no apparent deciding principle for the existing contribution schedule lot entitlements, be just and equitable.","sortOrder":68},{"sectionNumber":"sec.48","sectionType":"section","heading":"Adjustment of interest schedule","content":"### sec.48 Adjustment of interest schedule\n\nThe owner of a lot in a community titles scheme may apply—\nunder chapter 6 , for an order of a specialist adjudicator for the adjustment of an interest schedule; or\nas provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction for the adjustment of an interest schedule.\nDespite any other law or statutory instrument, the respondent to an application mentioned in subsection (1) is the body corporate.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6 — section 243 ; or\nfor an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\nIf the owner applies under chapter 6 for an order of a specialist adjudicator—\nat the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application.\nAn owner who elects, under subsection (3) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\nThe order of the specialist adjudicator or QCAT must be consistent with the market value principle, as applied in relation to the respective market values of the lots included in the scheme when the order is made.\nIf the specialist adjudicator or QCAT orders an adjustment of the interest schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the adjustment ordered.\nMaximum penalty for subsection (6) —100 penalty units.\nUnder section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\ns 48 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 11 ; 2007 No. 11 s 5 ; 2009 No. 24 s 358 ; 2011 No. 9 s 8\n(sec.48-ssec.1) The owner of a lot in a community titles scheme may apply— under chapter 6 , for an order of a specialist adjudicator for the adjustment of an interest schedule; or as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction for the adjustment of an interest schedule.\n(sec.48-ssec.2) Despite any other law or statutory instrument, the respondent to an application mentioned in subsection (1) is the body corporate. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6 — section 243 ; or for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n(sec.48-ssec.3) If the owner applies under chapter 6 for an order of a specialist adjudicator— at the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application.\n(sec.48-ssec.4) An owner who elects, under subsection (3) (a) , to become a respondent to the application must give written notice of the election to the body corporate.\n(sec.48-ssec.5) The order of the specialist adjudicator or QCAT must be consistent with the market value principle, as applied in relation to the respective market values of the lots included in the scheme when the order is made.\n(sec.48-ssec.6) If the specialist adjudicator or QCAT orders an adjustment of the interest schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the adjustment ordered. Maximum penalty for subsection (6) —100 penalty units. Under section 46 (10) , a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n- (a) under chapter 6 , for an order of a specialist adjudicator for the adjustment of an interest schedule; or\n- (b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction for the adjustment of an interest schedule.\n- (a) for an application to a specialist adjudicator under chapter 6 — section 243 ; or\n- (b) for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .\n- (a) at the election of another owner of a lot in the scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application.","sortOrder":69},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle","content":"### sec.48A Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle\n\nThis section applies if an application is made under section 47B (3) for an order of a specialist adjudicator or QCAT for an adjustment of the contribution schedule for a community titles scheme.\nThis section sets out the only matters to which the specialist adjudicator or QCAT may have regard for deciding whether the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.\nThe specialist adjudicator or QCAT may have regard to only—\nthe deciding principle for the contribution schedule lot entitlements; and\nthe information about the application of the deciding principle to the lots included in the scheme that is included in the community management statement; and\nif the contribution schedule lot entitlements were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49 ; and\nthe matters raised by the applicant to support the assertion that the contribution schedule lot entitlements are not consistent with the deciding principle for the lot entitlements; and\nthe matters (if any) raised by each respondent to support the assertion that the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.\ns 48A ins 2011 No. 9 s 9\n(sec.48A-ssec.1) This section applies if an application is made under section 47B (3) for an order of a specialist adjudicator or QCAT for an adjustment of the contribution schedule for a community titles scheme.\n(sec.48A-ssec.2) This section sets out the only matters to which the specialist adjudicator or QCAT may have regard for deciding whether the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.\n(sec.48A-ssec.3) The specialist adjudicator or QCAT may have regard to only— the deciding principle for the contribution schedule lot entitlements; and the information about the application of the deciding principle to the lots included in the scheme that is included in the community management statement; and if the contribution schedule lot entitlements were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49 ; and the matters raised by the applicant to support the assertion that the contribution schedule lot entitlements are not consistent with the deciding principle for the lot entitlements; and the matters (if any) raised by each respondent to support the assertion that the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.\n- (a) the deciding principle for the contribution schedule lot entitlements; and\n- (b) the information about the application of the deciding principle to the lots included in the scheme that is included in the community management statement; and\n- (c) if the contribution schedule lot entitlements were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49 ; and\n- (d) the matters raised by the applicant to support the assertion that the contribution schedule lot entitlements are not consistent with the deciding principle for the lot entitlements; and\n- (e) the matters (if any) raised by each respondent to support the assertion that the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.","sortOrder":70},{"sectionNumber":"sec.49","sectionType":"section","heading":"Criteria for deciding just and equitable circumstances","content":"### sec.49 Criteria for deciding just and equitable circumstances\n\nThis section applies if an application is made for an order of a specialist adjudicator or QCAT for the adjustment of a lot entitlement schedule, decided on the equality principle or market value principle.\nThis section sets out matters to which the specialist adjudicator or QCAT may, and may not, have regard for deciding—\nfor a contribution schedule—if it is just and equitable in the circumstances for the respective lot entitlements not to be equal; and\nfor an interest schedule—if it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.\nHowever, the matters the specialist adjudicator or QCAT may have regard to for deciding a matter mentioned in subsection (2) are not limited to the matters stated in this section.\nThe specialist adjudicator or QCAT may have regard to—\nhow the community titles scheme is structured; and\nthe nature, features and characteristics of the lots included in the scheme; and\nthe purposes for which the lots are used.\nThe specialist adjudicator or QCAT may not have regard to any knowledge or understanding the applicant had, or any lack of knowledge or misunderstanding on the part of the applicant, at the relevant time, about—\nthe lot entitlement for the subject lot or other lots included in the community titles scheme; or\nthe purpose for which a lot entitlement is used.\nIn this section—\nrelevant time means the time the applicant entered into a contract to buy the subject lot.\nsubject lot means the lot owned by the applicant.\ns 49 ins 2003 No. 6 s 12\namd 2007 No. 11 s 6 ; 2009 No. 24 s 359 ; 2011 No. 9 s 10\n(sec.49-ssec.1) This section applies if an application is made for an order of a specialist adjudicator or QCAT for the adjustment of a lot entitlement schedule, decided on the equality principle or market value principle.\n(sec.49-ssec.2) This section sets out matters to which the specialist adjudicator or QCAT may, and may not, have regard for deciding— for a contribution schedule—if it is just and equitable in the circumstances for the respective lot entitlements not to be equal; and for an interest schedule—if it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.\n(sec.49-ssec.3) However, the matters the specialist adjudicator or QCAT may have regard to for deciding a matter mentioned in subsection (2) are not limited to the matters stated in this section.\n(sec.49-ssec.4) The specialist adjudicator or QCAT may have regard to— how the community titles scheme is structured; and the nature, features and characteristics of the lots included in the scheme; and the purposes for which the lots are used.\n(sec.49-ssec.5) The specialist adjudicator or QCAT may not have regard to any knowledge or understanding the applicant had, or any lack of knowledge or misunderstanding on the part of the applicant, at the relevant time, about— the lot entitlement for the subject lot or other lots included in the community titles scheme; or the purpose for which a lot entitlement is used.\n(sec.49-ssec.6) In this section— relevant time means the time the applicant entered into a contract to buy the subject lot. subject lot means the lot owned by the applicant.\n- (a) for a contribution schedule—if it is just and equitable in the circumstances for the respective lot entitlements not to be equal; and\n- (b) for an interest schedule—if it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.\n- (a) how the community titles scheme is structured; and\n- (b) the nature, features and characteristics of the lots included in the scheme; and\n- (c) the purposes for which the lots are used.\n- (a) the lot entitlement for the subject lot or other lots included in the community titles scheme; or\n- (b) the purpose for which a lot entitlement is used.","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots","content":"### sec.50 Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots\n\nThis section applies if the owners of 2 or more lots included in a community titles scheme—\nagree in writing to change the lot entitlements of the lots; and\nunder the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and\nthe registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and\nthe owners of the changing lots have advised the body corporate in writing of the change.\nThe body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment agreed to.\nMaximum penalty—100 penalty units.\nThe new statement must be prepared and recorded at the expense of the owners of the changing lots.\ns 50 amd 2003 No. 6 s 3 sch\n(sec.50-ssec.1) This section applies if the owners of 2 or more lots included in a community titles scheme— agree in writing to change the lot entitlements of the lots; and under the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and the owners of the changing lots have advised the body corporate in writing of the change.\n(sec.50-ssec.2) The body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment agreed to. Maximum penalty—100 penalty units.\n(sec.50-ssec.3) The new statement must be prepared and recorded at the expense of the owners of the changing lots.\n- (a) agree in writing to change the lot entitlements of the lots; and\n- (b) under the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and\n- (c) the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and\n- (d) the owners of the changing lots have advised the body corporate in writing of the change.","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land","content":"### sec.51 Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land\n\nThis section applies if a constructing authority—\nby written notice, advises the body corporate for a community titles scheme, other than a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge—\na new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\na request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\nwith the notice mentioned in paragraph (a) , gives to the body corporate—\na copy of the proposed new plan of subdivision; and\nindependent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and\nlawyer\nregistered valuer\na copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\nFor the adjustment of the lot entitlement schedules for a specified two-lot scheme in similar circumstances, see section 51A .\nWithin 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must call and hold a general meeting of its members to decide any changes to the proposed new community management statement to take account of the boundary change.\nAny required changes set out in the lot entitlement adjustment advice must—\nbe consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the lot entitlements—\nfor contribution schedule lot entitlements—be just and equitable; or\nfor interest schedule lot entitlements—be consistent with the market value principle.\nThe notice of the meeting must state or be accompanied by a copy of the lot entitlement adjustment advice.\nWithin 4 months after receiving the notice under subsection (1) , the body corporate must—\ndo both of the following—\nendorse the body corporate’s consent on the new community management statement;\ngive the constructing authority the endorsed new community management statement; or\ngive the constructing authority a written notice stating—\nthat the body corporate will consent to the new community management statement if changes are made to the statement; and\nthe changes that the body corporate wants made to the statement; or\ngive the constructing authority written notice that the body corporate does not consent to the new community management statement.\nIf the body corporate gives the constructing authority an endorsed new community management statement under subsection (5) (a) , the constructing authority may lodge a request to record the endorsed new statement.\nIf subsection (6) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1) , the constructing authority may lodge a request to record a new community management statement that—\nif the body corporate has given the constructing authority a written notice under subsection (5) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or\nif paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\nBefore lodging a request to record a new community management statement under subsection (7) , the constructing authority must sign and date the new statement.\nThe registrar may record a new community management statement mentioned in subsection (7) despite section 54 (2) and the Land Title Act , section 115K (1) (d) .\nThe constructing authority is responsible for the costs of—\nobtaining advice for the purposes of this section, including lot entitlement adjustment advice; and\npreparing and recording the new community management statement under this section.\nFor applying the Acquisition of Land Act 1967 , section 20 , the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following—\nobtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition;\nlawyer\nregistered valuer\nholding or attending the meeting in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;\nobtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\ns 51 ins 2003 No. 6 s 13\namd 2011 No. 9 s 11 ; 2013 No. 25 s 5\n(sec.51-ssec.1) This section applies if a constructing authority— by written notice, advises the body corporate for a community titles scheme, other than a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and with the notice mentioned in paragraph (a) , gives to the body corporate— a copy of the proposed new plan of subdivision; and independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and lawyer registered valuer a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged. For the adjustment of the lot entitlement schedules for a specified two-lot scheme in similar circumstances, see section 51A .\n(sec.51-ssec.2) Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must call and hold a general meeting of its members to decide any changes to the proposed new community management statement to take account of the boundary change.\n(sec.51-ssec.3) Any required changes set out in the lot entitlement adjustment advice must— be consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the lot entitlements— for contribution schedule lot entitlements—be just and equitable; or for interest schedule lot entitlements—be consistent with the market value principle.\n(sec.51-ssec.4) The notice of the meeting must state or be accompanied by a copy of the lot entitlement adjustment advice.\n(sec.51-ssec.5) Within 4 months after receiving the notice under subsection (1) , the body corporate must— do both of the following— endorse the body corporate’s consent on the new community management statement; give the constructing authority the endorsed new community management statement; or give the constructing authority a written notice stating— that the body corporate will consent to the new community management statement if changes are made to the statement; and the changes that the body corporate wants made to the statement; or give the constructing authority written notice that the body corporate does not consent to the new community management statement.\n(sec.51-ssec.6) If the body corporate gives the constructing authority an endorsed new community management statement under subsection (5) (a) , the constructing authority may lodge a request to record the endorsed new statement.\n(sec.51-ssec.7) If subsection (6) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1) , the constructing authority may lodge a request to record a new community management statement that— if the body corporate has given the constructing authority a written notice under subsection (5) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\n(sec.51-ssec.8) Before lodging a request to record a new community management statement under subsection (7) , the constructing authority must sign and date the new statement.\n(sec.51-ssec.9) The registrar may record a new community management statement mentioned in subsection (7) despite section 54 (2) and the Land Title Act , section 115K (1) (d) .\n(sec.51-ssec.10) The constructing authority is responsible for the costs of— obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and preparing and recording the new community management statement under this section.\n(sec.51-ssec.11) For applying the Acquisition of Land Act 1967 , section 20 , the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following— obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition; lawyer registered valuer holding or attending the meeting in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition; obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\n- (a) by written notice, advises the body corporate for a community titles scheme, other than a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\n- (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (b) with the notice mentioned in paragraph (a) , gives to the body corporate— (i) a copy of the proposed new plan of subdivision; and (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- (i) a copy of the proposed new plan of subdivision; and\n- (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\n- (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (i) a copy of the proposed new plan of subdivision; and\n- (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- • lawyer\n- • registered valuer\n- (a) be consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or\n- (b) if there is no apparent deciding principle for the lot entitlements— (i) for contribution schedule lot entitlements—be just and equitable; or (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (i) for contribution schedule lot entitlements—be just and equitable; or\n- (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (i) for contribution schedule lot entitlements—be just and equitable; or\n- (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (a) do both of the following— (i) endorse the body corporate’s consent on the new community management statement; (ii) give the constructing authority the endorsed new community management statement; or\n- (i) endorse the body corporate’s consent on the new community management statement;\n- (ii) give the constructing authority the endorsed new community management statement; or\n- (b) give the constructing authority a written notice stating— (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and (ii) the changes that the body corporate wants made to the statement; or\n- (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and\n- (ii) the changes that the body corporate wants made to the statement; or\n- (c) give the constructing authority written notice that the body corporate does not consent to the new community management statement.\n- (i) endorse the body corporate’s consent on the new community management statement;\n- (ii) give the constructing authority the endorsed new community management statement; or\n- (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and\n- (ii) the changes that the body corporate wants made to the statement; or\n- (a) if the body corporate has given the constructing authority a written notice under subsection (5) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or\n- (b) if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\n- (a) obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and\n- (b) preparing and recording the new community management statement under this section.\n- (a) obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition; Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (b) holding or attending the meeting in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;\n- (c) obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\n- • lawyer\n- • registered valuer","sortOrder":73},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land","content":"### sec.51A Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land\n\nThis section applies if a constructing authority—\nby written notice, advises the body corporate for a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge—\na new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\na request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\nwith the notice mentioned in paragraph (a) , gives to the body corporate—\na copy of the proposed new plan of subdivision; and\nindependent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and\nlawyer\nregistered valuer\na copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\nWithin 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must decide by a lot owner agreement to either—\nchange the proposed new community management statement to take account of the boundary change; or\nnot change the proposed new community management statement.\nAny required changes set out in the lot entitlement adjustment advice must—\nbe consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the lot entitlements—\nfor contribution schedule lot entitlements—be just and equitable; or\nfor interest schedule lot entitlements—be consistent with the market value principle.\nWithin 4 months after receiving the notice under subsection (1) , the body corporate must—\ndo both of the following—\nendorse the body corporate’s consent on the new community management statement;\ngive the constructing authority the endorsed new community management statement; or\ngive the constructing authority a written notice stating—\nthat the body corporate will consent to the new community management statement if changes are made to the statement; and\nthe changes that the body corporate wants made to the statement; or\ngive the constructing authority written notice that the body corporate does not consent to the new community management statement.\nIf the body corporate gives the constructing authority an endorsed new community management statement under subsection (4) (a) , the constructing authority may lodge a request to record the endorsed new statement.\nIf subsection (5) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1) , the constructing authority may lodge a request to record a new community management statement that—\nif the body corporate has given the constructing authority a written notice under subsection (4) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or\nif paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\nBefore lodging a request to record a new community management statement under subsection (6) , the constructing authority must sign and date the new statement.\nThe registrar may record a new community management statement mentioned in subsection (6) despite section 54 (2) and the Land Title Act , section 115K (1) (d) .\nThe constructing authority is responsible for the costs of—\nobtaining advice for the purposes of this section, including lot entitlement adjustment advice; and\npreparing and recording the new community management statement under this section.\nFor applying the Acquisition of Land Act 1967 , section 20 , the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following—\nobtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition;\nlawyer\nregistered valuer\npreparing the lot owner agreement under subsection (2) in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;\nobtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\ns 51A ins 2011 No. 9 s 12\namd 2013 No. 25 s 6\n(sec.51A-ssec.1) This section applies if a constructing authority— by written notice, advises the body corporate for a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and with the notice mentioned in paragraph (a) , gives to the body corporate— a copy of the proposed new plan of subdivision; and independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and lawyer registered valuer a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n(sec.51A-ssec.2) Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must decide by a lot owner agreement to either— change the proposed new community management statement to take account of the boundary change; or not change the proposed new community management statement.\n(sec.51A-ssec.3) Any required changes set out in the lot entitlement adjustment advice must— be consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the lot entitlements— for contribution schedule lot entitlements—be just and equitable; or for interest schedule lot entitlements—be consistent with the market value principle.\n(sec.51A-ssec.4) Within 4 months after receiving the notice under subsection (1) , the body corporate must— do both of the following— endorse the body corporate’s consent on the new community management statement; give the constructing authority the endorsed new community management statement; or give the constructing authority a written notice stating— that the body corporate will consent to the new community management statement if changes are made to the statement; and the changes that the body corporate wants made to the statement; or give the constructing authority written notice that the body corporate does not consent to the new community management statement.\n(sec.51A-ssec.5) If the body corporate gives the constructing authority an endorsed new community management statement under subsection (4) (a) , the constructing authority may lodge a request to record the endorsed new statement.\n(sec.51A-ssec.6) If subsection (5) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1) , the constructing authority may lodge a request to record a new community management statement that— if the body corporate has given the constructing authority a written notice under subsection (4) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\n(sec.51A-ssec.7) Before lodging a request to record a new community management statement under subsection (6) , the constructing authority must sign and date the new statement.\n(sec.51A-ssec.8) The registrar may record a new community management statement mentioned in subsection (6) despite section 54 (2) and the Land Title Act , section 115K (1) (d) .\n(sec.51A-ssec.9) The constructing authority is responsible for the costs of— obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and preparing and recording the new community management statement under this section.\n(sec.51A-ssec.10) For applying the Acquisition of Land Act 1967 , section 20 , the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following— obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition; lawyer registered valuer preparing the lot owner agreement under subsection (2) in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition; obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\n- (a) by written notice, advises the body corporate for a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\n- (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (b) with the notice mentioned in paragraph (a) , gives to the body corporate— (i) a copy of the proposed new plan of subdivision; and (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- (i) a copy of the proposed new plan of subdivision; and\n- (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- (i) a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967 , section 12A ; and\n- (ii) a request to record a new community management statement for the scheme as required under section 56 (1) and the Land Title Act , section 115J ; and\n- (i) a copy of the proposed new plan of subdivision; and\n- (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.\n- • lawyer\n- • registered valuer\n- (a) change the proposed new community management statement to take account of the boundary change; or\n- (b) not change the proposed new community management statement.\n- (a) be consistent with the deciding principle for the lot entitlements, and be just and equitable to the extent the deciding principle allows; or\n- (b) if there is no apparent deciding principle for the lot entitlements— (i) for contribution schedule lot entitlements—be just and equitable; or (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (i) for contribution schedule lot entitlements—be just and equitable; or\n- (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (i) for contribution schedule lot entitlements—be just and equitable; or\n- (ii) for interest schedule lot entitlements—be consistent with the market value principle.\n- (a) do both of the following— (i) endorse the body corporate’s consent on the new community management statement; (ii) give the constructing authority the endorsed new community management statement; or\n- (i) endorse the body corporate’s consent on the new community management statement;\n- (ii) give the constructing authority the endorsed new community management statement; or\n- (b) give the constructing authority a written notice stating— (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and (ii) the changes that the body corporate wants made to the statement; or\n- (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and\n- (ii) the changes that the body corporate wants made to the statement; or\n- (c) give the constructing authority written notice that the body corporate does not consent to the new community management statement.\n- (i) endorse the body corporate’s consent on the new community management statement;\n- (ii) give the constructing authority the endorsed new community management statement; or\n- (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and\n- (ii) the changes that the body corporate wants made to the statement; or\n- (a) if the body corporate has given the constructing authority a written notice under subsection (4) (b) —includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1) (b) (iii) only to the extent it includes those changes and changes of no substance (if any); or\n- (b) if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1) (b) (iii) , or is different only to the extent that it includes changes of no substance.\n- (a) obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and\n- (b) preparing and recording the new community management statement under this section.\n- (a) obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3) , required to the lot entitlement schedules for the scheme to reflect the formal acquisition; Examples of an appropriate person— • lawyer • registered valuer\n- • lawyer\n- • registered valuer\n- (b) preparing the lot owner agreement under subsection (2) in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;\n- (c) obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.\n- • lawyer\n- • registered valuer","sortOrder":74},{"sectionNumber":"sec.51B","sectionType":"section","heading":"Limited adjustment of lot entitlement schedule—after subdivision of lot","content":"### sec.51B Limited adjustment of lot entitlement schedule—after subdivision of lot\n\nThis section applies if a lot in a community titles scheme (the pre-subdivision lot ) is subdivided into 2 or more lots (the post-subdivision lots ).\nHowever, this section does not apply to—\nthe subdivision of a lot in a community titles scheme intended to be developed progressively if the circumstances mentioned in section 57 (2) or (3) apply to the scheme in relation to the subdivision; or\na lot in a community titles scheme subdivided into 2 or more lots, one of which is a subsidiary scheme.\nThe owners of the post-subdivision lots must—\ndecide the lot entitlements for the post-subdivision lots by apportioning the lot entitlement for the pre-subdivision lot to the post-subdivision lots—\nconsistently with the deciding principle for the lot entitlement; or\nif there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and\ngive the body corporate written notice of the lot entitlements for the post-subdivision lots.\nIf the body corporate is given written notice under subsection (3) (b) , the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.\nMaximum penalty—100 penalty units.\nThe new community management statement must be prepared and recorded at the expense of the owners of the post-subdivision lots.\ns 51B ins 2011 No. 9 s 12\n(sec.51B-ssec.1) This section applies if a lot in a community titles scheme (the pre-subdivision lot ) is subdivided into 2 or more lots (the post-subdivision lots ).\n(sec.51B-ssec.2) However, this section does not apply to— the subdivision of a lot in a community titles scheme intended to be developed progressively if the circumstances mentioned in section 57 (2) or (3) apply to the scheme in relation to the subdivision; or a lot in a community titles scheme subdivided into 2 or more lots, one of which is a subsidiary scheme.\n(sec.51B-ssec.3) The owners of the post-subdivision lots must— decide the lot entitlements for the post-subdivision lots by apportioning the lot entitlement for the pre-subdivision lot to the post-subdivision lots— consistently with the deciding principle for the lot entitlement; or if there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and give the body corporate written notice of the lot entitlements for the post-subdivision lots.\n(sec.51B-ssec.4) If the body corporate is given written notice under subsection (3) (b) , the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change. Maximum penalty—100 penalty units.\n(sec.51B-ssec.5) The new community management statement must be prepared and recorded at the expense of the owners of the post-subdivision lots.\n- (a) the subdivision of a lot in a community titles scheme intended to be developed progressively if the circumstances mentioned in section 57 (2) or (3) apply to the scheme in relation to the subdivision; or\n- (b) a lot in a community titles scheme subdivided into 2 or more lots, one of which is a subsidiary scheme.\n- (a) decide the lot entitlements for the post-subdivision lots by apportioning the lot entitlement for the pre-subdivision lot to the post-subdivision lots— (i) consistently with the deciding principle for the lot entitlement; or (ii) if there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and\n- (i) consistently with the deciding principle for the lot entitlement; or\n- (ii) if there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and\n- (b) give the body corporate written notice of the lot entitlements for the post-subdivision lots.\n- (i) consistently with the deciding principle for the lot entitlement; or\n- (ii) if there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and","sortOrder":75},{"sectionNumber":"sec.51C","sectionType":"section","heading":"Limited adjustment of lot entitlement schedule—after amalgamation of lots","content":"### sec.51C Limited adjustment of lot entitlement schedule—after amalgamation of lots\n\nThis section applies if 2 or more lots in a community titles scheme (the pre-amalgamation lots ) are amalgamated into 1 lot (the post-amalgamation lot ).\nThe lot entitlement for the post-amalgamation lot is the total of the lot entitlements for the pre-amalgamation lots.\nThe owner of the post-amalgamation lot must give the body corporate written notice of the lot entitlement for the post-amalgamation lot.\nIf the body corporate is given written notice under subsection (3) , the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.\nMaximum penalty—100 penalty units.\nThe new community management statement must be prepared and recorded at the expense of the owners of the pre-amalgamation lots.\ns 51C ins 2011 No. 9 s 12\n(sec.51C-ssec.1) This section applies if 2 or more lots in a community titles scheme (the pre-amalgamation lots ) are amalgamated into 1 lot (the post-amalgamation lot ).\n(sec.51C-ssec.2) The lot entitlement for the post-amalgamation lot is the total of the lot entitlements for the pre-amalgamation lots.\n(sec.51C-ssec.3) The owner of the post-amalgamation lot must give the body corporate written notice of the lot entitlement for the post-amalgamation lot.\n(sec.51C-ssec.4) If the body corporate is given written notice under subsection (3) , the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change. Maximum penalty—100 penalty units.\n(sec.51C-ssec.5) The new community management statement must be prepared and recorded at the expense of the owners of the pre-amalgamation lots.","sortOrder":76},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Community management statements","content":"# Community management statements","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"Recording of community management statement","content":"### sec.52 Recording of community management statement\n\nA community management statement has no effect unless it is recorded.\ns 52 sub 2003 No. 6 s 14","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"First community management statement","content":"### sec.53 First community management statement\n\nThe first community management statement for a community titles scheme must be signed by the person who, on the establishment of the scheme, becomes the original owner.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Subsequent community management statement","content":"### sec.54 Subsequent community management statement\n\nThe existing statement for a community titles scheme can not be amended, but a new community management statement for the scheme may be recorded in the place of the existing statement.\nThe new community management statement may be recorded only if the body corporate—\nconsents, under section 62 , to the recording of the new statement; and\nendorses its consent on the new statement.\nSee, however, sections 51 (9) and 51A (8) .\nFor giving the consent, the body corporate need not have before it the new community management statement in the form in which it is to be recorded.\ns 54 amd 2003 No. 6 s 15 ; 2013 No. 25 s 7\n(sec.54-ssec.1) The existing statement for a community titles scheme can not be amended, but a new community management statement for the scheme may be recorded in the place of the existing statement.\n(sec.54-ssec.2) The new community management statement may be recorded only if the body corporate— consents, under section 62 , to the recording of the new statement; and endorses its consent on the new statement. See, however, sections 51 (9) and 51A (8) .\n(sec.54-ssec.3) For giving the consent, the body corporate need not have before it the new community management statement in the form in which it is to be recorded.\n- (a) consents, under section 62 , to the recording of the new statement; and\n- (b) endorses its consent on the new statement.","sortOrder":80},{"sectionNumber":"sec.55","sectionType":"section","heading":"Requirements for motion to change community management statement","content":"### sec.55 Requirements for motion to change community management statement\n\nSubject to subsection (2) , a motion proposing to change an existing community management statement for a community titles scheme may be submitted by only—\nthe committee for the body corporate; or\nthe owner of a lot included in the scheme; or\nthe body corporate manager.\nThe body corporate manager may submit the motion if the body corporate manager may, under the regulation module applying to the scheme, submit the motion.\nThis section does not apply to a specified two-lot scheme.\nSee chapter 3 , part 1 , division 5 , subdivision 2 about decision making for specified two-lot schemes.\ns 55 ins 2003 No. 6 s 16\namd 2011 No. 9 s 13\n(sec.55-ssec.1) Subject to subsection (2) , a motion proposing to change an existing community management statement for a community titles scheme may be submitted by only— the committee for the body corporate; or the owner of a lot included in the scheme; or the body corporate manager.\n(sec.55-ssec.2) The body corporate manager may submit the motion if the body corporate manager may, under the regulation module applying to the scheme, submit the motion.\n(sec.55-ssec.3) This section does not apply to a specified two-lot scheme. See chapter 3 , part 1 , division 5 , subdivision 2 about decision making for specified two-lot schemes.\n- (a) the committee for the body corporate; or\n- (b) the owner of a lot included in the scheme; or\n- (c) the body corporate manager.","sortOrder":81},{"sectionNumber":"sec.56","sectionType":"section","heading":"New statements and subsequent plans of subdivision","content":"### sec.56 New statements and subsequent plans of subdivision\n\nA request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged.\nA request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded.\ns 56 amd 1997 No. 78 s 10 ; 2003 No. 6 s 17\n(sec.56-ssec.1) A request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged.\n(sec.56-ssec.2) A request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded.","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":"Other matters about new statements for schemes developed progressively","content":"### sec.57 Other matters about new statements for schemes developed progressively\n\nThis section applies—\nonly to a community titles scheme intended to be developed progressively; and\nthe subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme\nthe excision of a lot from, or the addition of a lot to, scheme land\nif the circumstances stated in subsection (2) or (3) also apply to the scheme.\nFor subsection (1) (b) , the circumstances are—\na new plan of subdivision proposed to be lodged for the scheme—\nis consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or\nis inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and\nthe difference between the existing statement and a new community management statement required under section 56 (1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will—\nbe consistent with all plans of subdivision for the scheme that are registered under the Land Title Act ; and\ncontain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.\nAlternatively, for subsection (1) (b) , the circumstances are that a new plan of subdivision proposed to be lodged for the development is inconsistent with the existing community management statement for the scheme because the plan changes the scheme in a way that affects the nature of the development or 1 or more stages of the development.\nA development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes.\nA stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes.\nFor subsection (2) (a) (ii) , the development of a stage is done out of order if it is not consistent with the order of the development of the stages stated in a development approval or the existing community management statement for the scheme.\nThe developer must—\nprepare the new community management statement required under section 56 (1) for the scheme; and\ngive the new statement to the body corporate.\nThe body corporate must, within 30 days after receiving the new statement, endorse its consent on the statement.\nMaximum penalty—50 penalty units.\nHowever, if this section applies because of the circumstances stated in subsection (3) , the body corporate is not required to endorse its consent on the statement unless—\nthe developer has—\ngiven the body corporate a notice as required under section 29 (2) (a) ; and\nobtained development approval for the changed scheme; and\nthe new community management statement is consistent with each development approval for the changed scheme; and\nthe local government or MEDQ has, under section 60 , endorsed a community management statement notation on the new community management statement.\nThe developer must, within 30 days after receiving the endorsed statement, lodge a request to record the statement.\nMaximum penalty for subsection (8) —300 penalty units.\nWithin 14 days after the new statement is recorded, the developer must give to the body corporate—\na copy of the new statement; and\nevidence of its recording.\nMaximum penalty for subsection (9) —300 penalty units.\nThe developer is responsible for the costs of preparing and recording the new community management statement.\ns 57 ins 2003 No. 6 s 18\namd 2007 No. 41 s 146C ; 2012 No. 43 s 221 sch 1\n(sec.57-ssec.1) This section applies— only to a community titles scheme intended to be developed progressively; and the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme the excision of a lot from, or the addition of a lot to, scheme land if the circumstances stated in subsection (2) or (3) also apply to the scheme.\n(sec.57-ssec.2) For subsection (1) (b) , the circumstances are— a new plan of subdivision proposed to be lodged for the scheme— is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and the difference between the existing statement and a new community management statement required under section 56 (1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will— be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act ; and contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.\n(sec.57-ssec.3) Alternatively, for subsection (1) (b) , the circumstances are that a new plan of subdivision proposed to be lodged for the development is inconsistent with the existing community management statement for the scheme because the plan changes the scheme in a way that affects the nature of the development or 1 or more stages of the development. A development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes. A stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes.\n(sec.57-ssec.4) For subsection (2) (a) (ii) , the development of a stage is done out of order if it is not consistent with the order of the development of the stages stated in a development approval or the existing community management statement for the scheme.\n(sec.57-ssec.5) The developer must— prepare the new community management statement required under section 56 (1) for the scheme; and give the new statement to the body corporate.\n(sec.57-ssec.6) The body corporate must, within 30 days after receiving the new statement, endorse its consent on the statement. Maximum penalty—50 penalty units.\n(sec.57-ssec.7) However, if this section applies because of the circumstances stated in subsection (3) , the body corporate is not required to endorse its consent on the statement unless— the developer has— given the body corporate a notice as required under section 29 (2) (a) ; and obtained development approval for the changed scheme; and the new community management statement is consistent with each development approval for the changed scheme; and the local government or MEDQ has, under section 60 , endorsed a community management statement notation on the new community management statement.\n(sec.57-ssec.8) The developer must, within 30 days after receiving the endorsed statement, lodge a request to record the statement. Maximum penalty for subsection (8) —300 penalty units.\n(sec.57-ssec.9) Within 14 days after the new statement is recorded, the developer must give to the body corporate— a copy of the new statement; and evidence of its recording. Maximum penalty for subsection (9) —300 penalty units.\n(sec.57-ssec.10) The developer is responsible for the costs of preparing and recording the new community management statement.\n- (a) only to a community titles scheme intended to be developed progressively; and Examples for paragraph (a) — 1 the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme 2 the excision of a lot from, or the addition of a lot to, scheme land\n- 1 the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme\n- 2 the excision of a lot from, or the addition of a lot to, scheme land\n- (b) if the circumstances stated in subsection (2) or (3) also apply to the scheme.\n- 1 the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme\n- 2 the excision of a lot from, or the addition of a lot to, scheme land\n- (a) a new plan of subdivision proposed to be lodged for the scheme— (i) is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or (ii) is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and\n- (i) is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or\n- (ii) is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and\n- (b) the difference between the existing statement and a new community management statement required under section 56 (1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will— (i) be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act ; and (ii) contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.\n- (i) be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act ; and\n- (ii) contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.\n- (i) is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or\n- (ii) is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and\n- (i) be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act ; and\n- (ii) contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.\n- 1 A development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes.\n- 2 A stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes.\n- (a) prepare the new community management statement required under section 56 (1) for the scheme; and\n- (b) give the new statement to the body corporate.\n- (a) the developer has— (i) given the body corporate a notice as required under section 29 (2) (a) ; and (ii) obtained development approval for the changed scheme; and\n- (i) given the body corporate a notice as required under section 29 (2) (a) ; and\n- (ii) obtained development approval for the changed scheme; and\n- (b) the new community management statement is consistent with each development approval for the changed scheme; and\n- (c) the local government or MEDQ has, under section 60 , endorsed a community management statement notation on the new community management statement.\n- (i) given the body corporate a notice as required under section 29 (2) (a) ; and\n- (ii) obtained development approval for the changed scheme; and\n- (a) a copy of the new statement; and\n- (b) evidence of its recording.","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Community management statement for higher scheme prevails","content":"### sec.58 Community management statement for higher scheme prevails\n\nIf a community titles scheme ( scheme A ) is a subsidiary scheme, scheme A’s community management statement (other than the unaffected provisions) has effect subject to the community management statement for each community titles scheme for which scheme A is a subsidiary scheme.\nIn subsection (1) —\nunaffected provisions means—\nthe lot entitlement schedules in scheme A’s community management statement; and\nthe provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A.\nThe community management statement for the principal scheme in a layered arrangement of community titles schemes prevails over the provisions (other than the lot entitlement schedules and the provisions prescribed under subsection (2) (b) ) of the community management statement for each other community titles scheme forming part of the layered arrangement.\ns 58 prev s 58 om 2003 No. 6 s 25\npres s 58 amd 2007 No. 11 s 3 sch\n(sec.58-ssec.1) If a community titles scheme ( scheme A ) is a subsidiary scheme, scheme A’s community management statement (other than the unaffected provisions) has effect subject to the community management statement for each community titles scheme for which scheme A is a subsidiary scheme.\n(sec.58-ssec.2) In subsection (1) — unaffected provisions means— the lot entitlement schedules in scheme A’s community management statement; and the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A. The community management statement for the principal scheme in a layered arrangement of community titles schemes prevails over the provisions (other than the lot entitlement schedules and the provisions prescribed under subsection (2) (b) ) of the community management statement for each other community titles scheme forming part of the layered arrangement.\n- (a) the lot entitlement schedules in scheme A’s community management statement; and\n- (b) the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A.","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Taking effect of community management statement","content":"### sec.59 Taking effect of community management statement\n\nA community management statement takes effect under the Land Title Act , section 115L (3) .\nThe community management statement for a community titles scheme is binding on—\nthe body corporate; and\neach member of the body corporate; and\nto the extent that paragraphs (a) and (b) do not apply to bind a person—\neach person who is a registered proprietor of a lot included in the scheme; and\neach person who is a registered proprietor of common property; and\nto the extent that paragraphs (b) and (c) do not apply to bind a person—\neach person who is the occupier of a lot included in the scheme; and\neach person who is an occupier of common property.\nSubsection (2) has effect as if the community management statement included mutual covenants to observe its provisions entered into by each person bound by it.\ns 59 amd 2003 No. 6 s 3 sch ; 2023 No. 29 s 6\n(sec.59-ssec.1) A community management statement takes effect under the Land Title Act , section 115L (3) .\n(sec.59-ssec.2) The community management statement for a community titles scheme is binding on— the body corporate; and each member of the body corporate; and to the extent that paragraphs (a) and (b) do not apply to bind a person— each person who is a registered proprietor of a lot included in the scheme; and each person who is a registered proprietor of common property; and to the extent that paragraphs (b) and (c) do not apply to bind a person— each person who is the occupier of a lot included in the scheme; and each person who is an occupier of common property.\n(sec.59-ssec.3) Subsection (2) has effect as if the community management statement included mutual covenants to observe its provisions entered into by each person bound by it.\n- (a) the body corporate; and\n- (b) each member of the body corporate; and\n- (c) to the extent that paragraphs (a) and (b) do not apply to bind a person— (i) each person who is a registered proprietor of a lot included in the scheme; and (ii) each person who is a registered proprietor of common property; and\n- (i) each person who is a registered proprietor of a lot included in the scheme; and\n- (ii) each person who is a registered proprietor of common property; and\n- (d) to the extent that paragraphs (b) and (c) do not apply to bind a person— (i) each person who is the occupier of a lot included in the scheme; and (ii) each person who is an occupier of common property.\n- (i) each person who is the occupier of a lot included in the scheme; and\n- (ii) each person who is an occupier of common property.\n- (i) each person who is a registered proprietor of a lot included in the scheme; and\n- (ii) each person who is a registered proprietor of common property; and\n- (i) each person who is the occupier of a lot included in the scheme; and\n- (ii) each person who is an occupier of common property.","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":"Community management statement notation","content":"### sec.60 Community management statement notation\n\nSubject to subsection (6) , a community management statement proposed to be recorded for a community titles scheme may be recorded only if each relevant planning body for the scheme has endorsed on the statement a certificate (a community management statement notation ).\nIn a community management statement notation a relevant planning body for a community titles scheme states only that it has noted the community management statement.\nSubject to subsection (4) , a relevant planning body must endorse a community management statement notation on the proposed community management statement.\nFor a community titles scheme intended to be developed progressively, a relevant planning body for the scheme is not required to endorse a community management statement notation on the proposed community management statement if there is an inconsistency between a provision of the statement and—\nif the relevant planning body is a local government—a lawful requirement of, or an approval given by, the local government under the Planning Act ; or\nif the relevant planning body is MEDQ—a lawful requirement of, or an approval given by—\na local government under the Planning Act ; or\nMEDQ under the Economic Development Act 2012 ; or\nthe planning instrument of the relevant planning body; or\na lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body.\nA relevant planning body that is a local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under its planning instrument. However, the relevant planning body would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning instrument is made.\nFor subsection (4) , a provision of the statement is not inconsistent with a planning instrument only because—\nthe planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and\nthe provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land.\nDespite subsection (1) , a new community management statement may be recorded without the endorsement on it of any community management statement notation that is otherwise required if—\nthere is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4) ; or\nThe new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements.\nany difference between the statements is limited to changes to reflect—\na lot entitlement adjustment agreed to under section 50 ; or\na formal acquisition affecting the scheme; or\na change in a services location diagram for the scheme; or\nthe incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40 .\nIf a relevant planning body for the scheme does not endorse a community management statement notation within 40 days after the community management statement is submitted for endorsement under this section, or refuses to endorse the notation—\nthe person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court; and\nthe court is required to hear and decide the appeal.\nAn appeal under subsection (7) is started by lodging a written notice of appeal with the registrar of the court.\nThe notice of appeal must be in the approved form and succinctly state the grounds of the appeal.\nThe Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if—\nthe appeal were a Planning Act appeal under that Act; and\nthe relevant planning body were the only other party to the appeal.\nThe appellant for the appeal must give a copy of the notice of appeal to the relevant planning body within 10 business days after starting the appeal.\nIn this section—\nplanning instrument , of a relevant planning body, means—\nif the body is a local government—\nits planning scheme under the Planning Act ; or\nan instrument of the local government having effect as if it were a planning scheme of the local government; or\nif the body is MEDQ—a relevant development instrument under the Economic Development Act 2012 .\nrelevant planning body , for a community titles scheme, means—\nto the extent scheme land is or is proposed to be located in a priority development area—MEDQ; and\nto the extent scheme land is or is proposed to be located in a local government area but not in a priority development area—the local government for the local government area.\ns 60 prev s 60 om 2003 No. 6 s 26\npres s 60 amd 2003 No. 6 s 19\nsub 2007 No. 41 s 146D\namd 2009 No. 36 s 872 sch 2 ; 2012 No. 43 s 221 sch 1 ; 2016 No. 27 s 33\n(sec.60-ssec.1) Subject to subsection (6) , a community management statement proposed to be recorded for a community titles scheme may be recorded only if each relevant planning body for the scheme has endorsed on the statement a certificate (a community management statement notation ).\n(sec.60-ssec.2) In a community management statement notation a relevant planning body for a community titles scheme states only that it has noted the community management statement.\n(sec.60-ssec.3) Subject to subsection (4) , a relevant planning body must endorse a community management statement notation on the proposed community management statement.\n(sec.60-ssec.4) For a community titles scheme intended to be developed progressively, a relevant planning body for the scheme is not required to endorse a community management statement notation on the proposed community management statement if there is an inconsistency between a provision of the statement and— if the relevant planning body is a local government—a lawful requirement of, or an approval given by, the local government under the Planning Act ; or if the relevant planning body is MEDQ—a lawful requirement of, or an approval given by— a local government under the Planning Act ; or MEDQ under the Economic Development Act 2012 ; or the planning instrument of the relevant planning body; or a lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body. A relevant planning body that is a local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under its planning instrument. However, the relevant planning body would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning instrument is made.\n(sec.60-ssec.5) For subsection (4) , a provision of the statement is not inconsistent with a planning instrument only because— the planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and the provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land.\n(sec.60-ssec.6) Despite subsection (1) , a new community management statement may be recorded without the endorsement on it of any community management statement notation that is otherwise required if— there is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4) ; or The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements. any difference between the statements is limited to changes to reflect— a lot entitlement adjustment agreed to under section 50 ; or a formal acquisition affecting the scheme; or a change in a services location diagram for the scheme; or the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40 .\n(sec.60-ssec.7) If a relevant planning body for the scheme does not endorse a community management statement notation within 40 days after the community management statement is submitted for endorsement under this section, or refuses to endorse the notation— the person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court; and the court is required to hear and decide the appeal.\n(sec.60-ssec.8) An appeal under subsection (7) is started by lodging a written notice of appeal with the registrar of the court.\n(sec.60-ssec.9) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.\n(sec.60-ssec.10) The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if— the appeal were a Planning Act appeal under that Act; and the relevant planning body were the only other party to the appeal.\n(sec.60-ssec.11) The appellant for the appeal must give a copy of the notice of appeal to the relevant planning body within 10 business days after starting the appeal.\n(sec.60-ssec.12) In this section— planning instrument , of a relevant planning body, means— if the body is a local government— its planning scheme under the Planning Act ; or an instrument of the local government having effect as if it were a planning scheme of the local government; or if the body is MEDQ—a relevant development instrument under the Economic Development Act 2012 . relevant planning body , for a community titles scheme, means— to the extent scheme land is or is proposed to be located in a priority development area—MEDQ; and to the extent scheme land is or is proposed to be located in a local government area but not in a priority development area—the local government for the local government area.\n- (a) if the relevant planning body is a local government—a lawful requirement of, or an approval given by, the local government under the Planning Act ; or\n- (b) if the relevant planning body is MEDQ—a lawful requirement of, or an approval given by— (i) a local government under the Planning Act ; or (ii) MEDQ under the Economic Development Act 2012 ; or\n- (i) a local government under the Planning Act ; or\n- (ii) MEDQ under the Economic Development Act 2012 ; or\n- (c) the planning instrument of the relevant planning body; or\n- (d) a lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body.\n- (i) a local government under the Planning Act ; or\n- (ii) MEDQ under the Economic Development Act 2012 ; or\n- (a) the planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and\n- (b) the provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land.\n- (a) there is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4) ; or Example for paragraph (a) — The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements.\n- (b) any difference between the statements is limited to changes to reflect— (i) a lot entitlement adjustment agreed to under section 50 ; or (ii) a formal acquisition affecting the scheme; or (iii) a change in a services location diagram for the scheme; or (iv) the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40 .\n- (i) a lot entitlement adjustment agreed to under section 50 ; or\n- (ii) a formal acquisition affecting the scheme; or\n- (iii) a change in a services location diagram for the scheme; or\n- (iv) the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40 .\n- (i) a lot entitlement adjustment agreed to under section 50 ; or\n- (ii) a formal acquisition affecting the scheme; or\n- (iii) a change in a services location diagram for the scheme; or\n- (iv) the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40 .\n- (a) the person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court; and\n- (b) the court is required to hear and decide the appeal.\n- (a) the appeal were a Planning Act appeal under that Act; and\n- (b) the relevant planning body were the only other party to the appeal.\n- (a) if the body is a local government— (i) its planning scheme under the Planning Act ; or (ii) an instrument of the local government having effect as if it were a planning scheme of the local government; or\n- (i) its planning scheme under the Planning Act ; or\n- (ii) an instrument of the local government having effect as if it were a planning scheme of the local government; or\n- (b) if the body is MEDQ—a relevant development instrument under the Economic Development Act 2012 .\n- (i) its planning scheme under the Planning Act ; or\n- (ii) an instrument of the local government having effect as if it were a planning scheme of the local government; or\n- (a) to the extent scheme land is or is proposed to be located in a priority development area—MEDQ; and\n- (b) to the extent scheme land is or is proposed to be located in a local government area but not in a priority development area—the local government for the local government area.","sortOrder":86},{"sectionNumber":"sec.61","sectionType":"section","heading":"Giving copy of community management statement","content":"### sec.61 Giving copy of community management statement\n\nThis section applies if any of the following is recorded for a community titles scheme—\na community management statement that, under section 60 (4) , is not endorsed with a community management statement notation;\na community management statement containing a lot entitlement for a lot included in the scheme that is different from the lot entitlement for the lot contained in the previous statement recorded for the scheme;\na community management statement that, under section 60 , is endorsed with a community management statement notation by MEDQ.\nThe body corporate must give a copy of the statement to—\neach local government in whose local government area scheme land is located; and\nif any scheme land is in a priority development area and MEDQ has not endorsed the statement under section 60 —MEDQ.\nThe copy must be given—\nfor a statement other than a statement to which section 57 applies—within 14 days after the statement is recorded; or\nfor a statement to which section 57 applies—within 14 days after the body corporate receives a copy of the statement under section 57 (9) .\ns 61 prev s 61 om 2003 No. 6 s 26\npres s 61 ins 2003 No. 6 s 20\namd 2007 No. 41 s 146E ; 2012 No. 43 s 221 sch 1\n(sec.61-ssec.1) This section applies if any of the following is recorded for a community titles scheme— a community management statement that, under section 60 (4) , is not endorsed with a community management statement notation; a community management statement containing a lot entitlement for a lot included in the scheme that is different from the lot entitlement for the lot contained in the previous statement recorded for the scheme; a community management statement that, under section 60 , is endorsed with a community management statement notation by MEDQ.\n(sec.61-ssec.2) The body corporate must give a copy of the statement to— each local government in whose local government area scheme land is located; and if any scheme land is in a priority development area and MEDQ has not endorsed the statement under section 60 —MEDQ.\n(sec.61-ssec.3) The copy must be given— for a statement other than a statement to which section 57 applies—within 14 days after the statement is recorded; or for a statement to which section 57 applies—within 14 days after the body corporate receives a copy of the statement under section 57 (9) .\n- (a) a community management statement that, under section 60 (4) , is not endorsed with a community management statement notation;\n- (b) a community management statement containing a lot entitlement for a lot included in the scheme that is different from the lot entitlement for the lot contained in the previous statement recorded for the scheme;\n- (c) a community management statement that, under section 60 , is endorsed with a community management statement notation by MEDQ.\n- (a) each local government in whose local government area scheme land is located; and\n- (b) if any scheme land is in a priority development area and MEDQ has not endorsed the statement under section 60 —MEDQ.\n- (a) for a statement other than a statement to which section 57 applies—within 14 days after the statement is recorded; or\n- (b) for a statement to which section 57 applies—within 14 days after the body corporate receives a copy of the statement under section 57 (9) .","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Body corporate to consent to recording of new statement","content":"### sec.62 Body corporate to consent to recording of new statement\n\nThis section provides for the form of the consent of the body corporate for a community titles scheme to the recording of a new community management statement for the scheme in the place of the existing statement for the scheme.\nThe consent must be in the form of a resolution without dissent.\nHowever, the consent may be in the form of a special resolution if the difference between the existing statement and the new statement is limited to the following—\ndifferences in the by-laws (other than a difference in exclusive use by-laws);\nthe identification of a different regulation module to apply to the scheme.\nThe consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the new statement is different from the existing statement only to the extent necessary for 1 or more of the following—\ncompliance with a provision of this Act under which the body corporate is required to lodge a request to record a new statement for a purpose stated in the provision;\ncompliance with the order of an adjudicator, the District Court or QCAT made under this Act for the lodging of a request for the recording of the new statement;\nchanging the community titles scheme to give effect to an approved reinstatement process;\nchanging the community titles scheme to reflect a formal acquisition affecting the scheme;\nrecording the details of allocations of common property or body corporate assets made under an exclusive use by-law;\nimplementation of development proposed under the existing statement or under the provisions of a community management statement to which the existing statement is subject;\nshowing the location of a service easement for the community titles scheme by including a services location diagram;\namalgamating or subdividing lots included in the community titles scheme;\nreproducing the existing statement without any change of substance.\nHowever, subsection (4) (h) applies only if the associated plan of subdivision—\ndoes not affect the common property; and\ndoes not change—\nthe contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or\nthe total of the contribution schedule lot entitlements for the lots included in the scheme; or\nthe total of the interest schedule lot entitlements for the lots included in the scheme.\nAlso, the consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the consent is required to be endorsed under section 57 .\nA consent to which subsection (4) or (6) applies must be given by ordinary resolution if, under the regulation module applying to the scheme—\nconsenting to the recording of a new community management statement is a restricted issue for the body corporate’s committee; or\nthe body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for the body corporate.\nIn this section—\nassociated plan of subdivision , for a proposed new community management statement, means the plan of subdivision proposed to be lodged with the request to record the statement.\ns 62 prev s 62 om 2003 No. 6 s 26\npres s 62 amd 1997 No. 78 s 11 (retro); 1999 No. 19 s 3 sch ; 2003 No. 6 s 21 ; 2007 No. 11 s 7 ; 2009 No. 24 s 360\n(sec.62-ssec.1) This section provides for the form of the consent of the body corporate for a community titles scheme to the recording of a new community management statement for the scheme in the place of the existing statement for the scheme.\n(sec.62-ssec.2) The consent must be in the form of a resolution without dissent.\n(sec.62-ssec.3) However, the consent may be in the form of a special resolution if the difference between the existing statement and the new statement is limited to the following— differences in the by-laws (other than a difference in exclusive use by-laws); the identification of a different regulation module to apply to the scheme.\n(sec.62-ssec.4) The consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the new statement is different from the existing statement only to the extent necessary for 1 or more of the following— compliance with a provision of this Act under which the body corporate is required to lodge a request to record a new statement for a purpose stated in the provision; compliance with the order of an adjudicator, the District Court or QCAT made under this Act for the lodging of a request for the recording of the new statement; changing the community titles scheme to give effect to an approved reinstatement process; changing the community titles scheme to reflect a formal acquisition affecting the scheme; recording the details of allocations of common property or body corporate assets made under an exclusive use by-law; implementation of development proposed under the existing statement or under the provisions of a community management statement to which the existing statement is subject; showing the location of a service easement for the community titles scheme by including a services location diagram; amalgamating or subdividing lots included in the community titles scheme; reproducing the existing statement without any change of substance.\n(sec.62-ssec.5) However, subsection (4) (h) applies only if the associated plan of subdivision— does not affect the common property; and does not change— the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or the total of the contribution schedule lot entitlements for the lots included in the scheme; or the total of the interest schedule lot entitlements for the lots included in the scheme.\n(sec.62-ssec.6) Also, the consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the consent is required to be endorsed under section 57 .\n(sec.62-ssec.7) A consent to which subsection (4) or (6) applies must be given by ordinary resolution if, under the regulation module applying to the scheme— consenting to the recording of a new community management statement is a restricted issue for the body corporate’s committee; or the body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for the body corporate.\n(sec.62-ssec.8) In this section— associated plan of subdivision , for a proposed new community management statement, means the plan of subdivision proposed to be lodged with the request to record the statement.\n- (a) differences in the by-laws (other than a difference in exclusive use by-laws);\n- (b) the identification of a different regulation module to apply to the scheme.\n- (a) compliance with a provision of this Act under which the body corporate is required to lodge a request to record a new statement for a purpose stated in the provision;\n- (b) compliance with the order of an adjudicator, the District Court or QCAT made under this Act for the lodging of a request for the recording of the new statement;\n- (c) changing the community titles scheme to give effect to an approved reinstatement process;\n- (d) changing the community titles scheme to reflect a formal acquisition affecting the scheme;\n- (e) recording the details of allocations of common property or body corporate assets made under an exclusive use by-law;\n- (f) implementation of development proposed under the existing statement or under the provisions of a community management statement to which the existing statement is subject;\n- (g) showing the location of a service easement for the community titles scheme by including a services location diagram;\n- (h) amalgamating or subdividing lots included in the community titles scheme;\n- (i) reproducing the existing statement without any change of substance.\n- (a) does not affect the common property; and\n- (b) does not change— (i) the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or (ii) the total of the contribution schedule lot entitlements for the lots included in the scheme; or (iii) the total of the interest schedule lot entitlements for the lots included in the scheme.\n- (i) the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or\n- (ii) the total of the contribution schedule lot entitlements for the lots included in the scheme; or\n- (iii) the total of the interest schedule lot entitlements for the lots included in the scheme.\n- (i) the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or\n- (ii) the total of the contribution schedule lot entitlements for the lots included in the scheme; or\n- (iii) the total of the interest schedule lot entitlements for the lots included in the scheme.\n- (a) consenting to the recording of a new community management statement is a restricted issue for the body corporate’s committee; or\n- (b) the body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for the body corporate.","sortOrder":88},{"sectionNumber":"sec.63","sectionType":"section","heading":"Responsibility for preparing, and for costs of preparing, new statement","content":"### sec.63 Responsibility for preparing, and for costs of preparing, new statement\n\nThis section applies if the body corporate for a community titles scheme consents to a new community management statement, other than a statement to which section 51 , 51A or 57 applies, being recorded for the scheme.\nThe new community management statement must be prepared by—\nif the body corporate manager may, under the body corporate manager’s engagement, prepare the statement—the body corporate manager; or\nif paragraph (a) does not apply to the scheme—\nfor a specified two-lot scheme—\nan owner of a lot; or\na person authorised by the body corporate by a lot owner agreement to prepare the statement; or\nfor a scheme other than a specified two-lot scheme—the committee for the body corporate.\nThe body corporate is responsible for the costs of preparing and recording the new community management statement, unless this Act provides otherwise.\nFor example, in addition to subsection (4) , see section 50 .\ns 63 prev s 63 om 2003 No. 6 s 26\npres s 63 ins 2003 No. 6 s 22\namd 2011 No. 9 ss 14 , 3 sch ; 2013 No. 25 s 8\n(sec.63-ssec.1) This section applies if the body corporate for a community titles scheme consents to a new community management statement, other than a statement to which section 51 , 51A or 57 applies, being recorded for the scheme.\n(sec.63-ssec.2) The new community management statement must be prepared by— if the body corporate manager may, under the body corporate manager’s engagement, prepare the statement—the body corporate manager; or if paragraph (a) does not apply to the scheme— for a specified two-lot scheme— an owner of a lot; or a person authorised by the body corporate by a lot owner agreement to prepare the statement; or for a scheme other than a specified two-lot scheme—the committee for the body corporate.\n(sec.63-ssec.3) The body corporate is responsible for the costs of preparing and recording the new community management statement, unless this Act provides otherwise. For example, in addition to subsection (4) , see section 50 .\n- (a) if the body corporate manager may, under the body corporate manager’s engagement, prepare the statement—the body corporate manager; or\n- (b) if paragraph (a) does not apply to the scheme— (i) for a specified two-lot scheme— (A) an owner of a lot; or (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or (ii) for a scheme other than a specified two-lot scheme—the committee for the body corporate.\n- (i) for a specified two-lot scheme— (A) an owner of a lot; or (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or\n- (A) an owner of a lot; or\n- (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or\n- (ii) for a scheme other than a specified two-lot scheme—the committee for the body corporate.\n- (i) for a specified two-lot scheme— (A) an owner of a lot; or (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or\n- (A) an owner of a lot; or\n- (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or\n- (ii) for a scheme other than a specified two-lot scheme—the committee for the body corporate.\n- (A) an owner of a lot; or\n- (B) a person authorised by the body corporate by a lot owner agreement to prepare the statement; or","sortOrder":89},{"sectionNumber":"sec.64","sectionType":"section","heading":"New community management statement must be consistent with body corporate’s consent","content":"### sec.64 New community management statement must be consistent with body corporate’s consent\n\nIf a new community management statement when recorded is inconsistent with the new statement for which the body corporate gave its consent, the statement as recorded is void to the extent of the inconsistency.\ns 64 prev s 64 om 2003 No. 6 s 26\npres s 64 ins 2003 No. 6 s 22","sortOrder":90},{"sectionNumber":"sec.65","sectionType":"section","heading":"Time for lodging request to record new statement","content":"### sec.65 Time for lodging request to record new statement\n\nIf the body corporate consents to a new community management statement being recorded for a community titles scheme, the body corporate must, within 3 months after giving the consent, lodge a request to record the new statement.\nThis section does not apply to a new community management statement to which section 51 , 51A or 57 applies.\ns 65 prev s 65 om 2003 No. 6 s 26\npres s 65 sub 2003 No. 6 s 23\namd 2013 No. 25 s 9\n(sec.65-ssec.1) If the body corporate consents to a new community management statement being recorded for a community titles scheme, the body corporate must, within 3 months after giving the consent, lodge a request to record the new statement.\n(sec.65-ssec.2) This section does not apply to a new community management statement to which section 51 , 51A or 57 applies.","sortOrder":91},{"sectionNumber":"sec.66","sectionType":"section","heading":"Requirements for community management statement","content":"### sec.66 Requirements for community management statement\n\nThe community management statement for a community titles scheme, in addition to identifying the scheme land, must—\nstate the following—\nthe identifying name for the scheme;\nthe name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme);\nfor the first community management statement for the scheme—the name, and the address for service, of the original owner; and\nidentify the regulation module applying to the scheme; and\ninclude a contribution schedule and an interest schedule; and\nfor a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of this paragraph—\ninclude 1 or more services location diagrams for all service easements for—\nthe standard format lots included in the scheme; and\ncommon property for the standard format lots; and\nidentify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and\nfor a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of paragraph (d) and to which paragraph (db) does not apply—if the contribution schedule lot entitlements for each lot included in the scheme are not equal, explain why they are not equal; and\nfor a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to contribution schedule lot entitlements for the lots included in the scheme—\nstate the contribution schedule principle under section 46 (7) on which the contribution schedule lot entitlements have been decided; and\nif the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and\nif the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and\nfor a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to interest schedule lot entitlements for the lots included in the scheme—\nif the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or\nif the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and\nunless the by-laws are to be the by-laws in schedule 4 —include by-laws; and\nif the scheme is intended to be developed progressively (including, for example, subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme, or excision of a lot from, or addition of a lot to, scheme land) and the development is not complete—\nexplain the proposed development and illustrate it by concept drawings; and\nstate the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and\nif the scheme forms part of, or is intended to form part of, or to be the basis for, a layered arrangement of community titles schemes—explain the structure, or proposed structure, of the layered arrangement.\nAn explanation or details included in the community management statement under subsection (1) (db) or (dc) must be—\nwritten in plain English; and\nsimple enough, and only as detailed as is necessary, for an ordinary person to understand the explanation or details.\nThe community management statement—\nmust also include anything that the regulation module applying to the scheme says it must include; and\nmay include anything that the regulation module applying to the scheme says it may include.\nThe community management statement must not include anything other than the things that this Act, or the regulation module applying to the scheme, says the statement must or may include.\nA community management statement must not include provisions adopting, under a regulation module, an architectural and landscape code or a provision of an architectural and landscape code that has no force or effect under the Building Act 1975 , chapter 8A , part 2 .\nSubsection (1) (d) (i) applies to a community management statement for a scheme existing before the commencement of the subparagraph (the commencement )—\nonly if, after the commencement, a service easement is established for the scheme; and\nonly for service easements established after the commencement.\nIf the requirement mentioned in subsection (1) (d) (i) applies to a community management statement because of subsection (4) , the requirement must be complied with, initially, within 1 year after the first establishment of a service easement after the commencement.\nIn this section—\nadjusted scheme —\nfor subsection (1) (db) , means a scheme established before the commencement of subsection (1) (db) if—\nthe contribution schedule for the scheme is adjusted after that commencement; and\nafter the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or\nfor subsection (1) (dc) , means a scheme established before the commencement of subsection (1) (dc) if the interest schedule for the scheme is adjusted after that commencement.\nfuture allocation , for a community titles scheme, means a future allocation of common property or a body corporate asset under an exclusive use by-law.\ns 66 amd 2003 No. 6 s 24 ; 2009 No. 51 s 49 ; 2011 No. 9 s 15\n(sec.66-ssec.1) The community management statement for a community titles scheme, in addition to identifying the scheme land, must— state the following— the identifying name for the scheme; the name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme); for the first community management statement for the scheme—the name, and the address for service, of the original owner; and identify the regulation module applying to the scheme; and include a contribution schedule and an interest schedule; and for a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of this paragraph— include 1 or more services location diagrams for all service easements for— the standard format lots included in the scheme; and common property for the standard format lots; and identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and for a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of paragraph (d) and to which paragraph (db) does not apply—if the contribution schedule lot entitlements for each lot included in the scheme are not equal, explain why they are not equal; and for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to contribution schedule lot entitlements for the lots included in the scheme— state the contribution schedule principle under section 46 (7) on which the contribution schedule lot entitlements have been decided; and if the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and if the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to interest schedule lot entitlements for the lots included in the scheme— if the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or if the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and unless the by-laws are to be the by-laws in schedule 4 —include by-laws; and if the scheme is intended to be developed progressively (including, for example, subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme, or excision of a lot from, or addition of a lot to, scheme land) and the development is not complete— explain the proposed development and illustrate it by concept drawings; and state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and if the scheme forms part of, or is intended to form part of, or to be the basis for, a layered arrangement of community titles schemes—explain the structure, or proposed structure, of the layered arrangement.\n(sec.66-ssec.1A) An explanation or details included in the community management statement under subsection (1) (db) or (dc) must be— written in plain English; and simple enough, and only as detailed as is necessary, for an ordinary person to understand the explanation or details.\n(sec.66-ssec.2) The community management statement— must also include anything that the regulation module applying to the scheme says it must include; and may include anything that the regulation module applying to the scheme says it may include.\n(sec.66-ssec.3) The community management statement must not include anything other than the things that this Act, or the regulation module applying to the scheme, says the statement must or may include.\n(sec.66-ssec.3A) A community management statement must not include provisions adopting, under a regulation module, an architectural and landscape code or a provision of an architectural and landscape code that has no force or effect under the Building Act 1975 , chapter 8A , part 2 .\n(sec.66-ssec.4) Subsection (1) (d) (i) applies to a community management statement for a scheme existing before the commencement of the subparagraph (the commencement )— only if, after the commencement, a service easement is established for the scheme; and only for service easements established after the commencement.\n(sec.66-ssec.5) If the requirement mentioned in subsection (1) (d) (i) applies to a community management statement because of subsection (4) , the requirement must be complied with, initially, within 1 year after the first establishment of a service easement after the commencement.\n(sec.66-ssec.6) In this section— adjusted scheme — for subsection (1) (db) , means a scheme established before the commencement of subsection (1) (db) if— the contribution schedule for the scheme is adjusted after that commencement; and after the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or for subsection (1) (dc) , means a scheme established before the commencement of subsection (1) (dc) if the interest schedule for the scheme is adjusted after that commencement. future allocation , for a community titles scheme, means a future allocation of common property or a body corporate asset under an exclusive use by-law.\n- (a) state the following— (i) the identifying name for the scheme; (ii) the name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme); (iii) for the first community management statement for the scheme—the name, and the address for service, of the original owner; and\n- (i) the identifying name for the scheme;\n- (ii) the name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme);\n- (iii) for the first community management statement for the scheme—the name, and the address for service, of the original owner; and\n- (b) identify the regulation module applying to the scheme; and\n- (c) include a contribution schedule and an interest schedule; and\n- (d) for a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of this paragraph— (i) include 1 or more services location diagrams for all service easements for— (A) the standard format lots included in the scheme; and (B) common property for the standard format lots; and (ii) identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and\n- (i) include 1 or more services location diagrams for all service easements for— (A) the standard format lots included in the scheme; and (B) common property for the standard format lots; and\n- (A) the standard format lots included in the scheme; and\n- (B) common property for the standard format lots; and\n- (ii) identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and\n- (da) for a scheme (other than a scheme created under chapter 2 , part 11 ) for which development approval is given after the commencement of paragraph (d) and to which paragraph (db) does not apply—if the contribution schedule lot entitlements for each lot included in the scheme are not equal, explain why they are not equal; and\n- (db) for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to contribution schedule lot entitlements for the lots included in the scheme— (i) state the contribution schedule principle under section 46 (7) on which the contribution schedule lot entitlements have been decided; and (ii) if the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and (iii) if the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and\n- (i) state the contribution schedule principle under section 46 (7) on which the contribution schedule lot entitlements have been decided; and\n- (ii) if the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and\n- (iii) if the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and\n- (dc) for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to interest schedule lot entitlements for the lots included in the scheme— (i) if the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or (ii) if the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and\n- (i) if the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or\n- (ii) if the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and\n- (e) unless the by-laws are to be the by-laws in schedule 4 —include by-laws; and\n- (f) if the scheme is intended to be developed progressively (including, for example, subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme, or excision of a lot from, or addition of a lot to, scheme land) and the development is not complete— (i) explain the proposed development and illustrate it by concept drawings; and (ii) state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and\n- (i) explain the proposed development and illustrate it by concept drawings; and\n- (ii) state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and\n- (g) if the scheme forms part of, or is intended to form part of, or to be the basis for, a layered arrangement of community titles schemes—explain the structure, or proposed structure, of the layered arrangement.\n- (i) the identifying name for the scheme;\n- (ii) the name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme);\n- (iii) for the first community management statement for the scheme—the name, and the address for service, of the original owner; and\n- (i) include 1 or more services location diagrams for all service easements for— (A) the standard format lots included in the scheme; and (B) common property for the standard format lots; and\n- (A) the standard format lots included in the scheme; and\n- (B) common property for the standard format lots; and\n- (ii) identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and\n- (A) the standard format lots included in the scheme; and\n- (B) common property for the standard format lots; and\n- (i) state the contribution schedule principle under section 46 (7) on which the contribution schedule lot entitlements have been decided; and\n- (ii) if the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and\n- (iii) if the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and\n- (i) if the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or\n- (ii) if the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and\n- (i) explain the proposed development and illustrate it by concept drawings; and\n- (ii) state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and\n- (a) written in plain English; and\n- (b) simple enough, and only as detailed as is necessary, for an ordinary person to understand the explanation or details.\n- (a) must also include anything that the regulation module applying to the scheme says it must include; and\n- (b) may include anything that the regulation module applying to the scheme says it may include.\n- (a) only if, after the commencement, a service easement is established for the scheme; and\n- (b) only for service easements established after the commencement.\n- (a) for subsection (1) (db) , means a scheme established before the commencement of subsection (1) (db) if— (i) the contribution schedule for the scheme is adjusted after that commencement; and (ii) after the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or\n- (i) the contribution schedule for the scheme is adjusted after that commencement; and\n- (ii) after the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or\n- (b) for subsection (1) (dc) , means a scheme established before the commencement of subsection (1) (dc) if the interest schedule for the scheme is adjusted after that commencement.\n- (i) the contribution schedule for the scheme is adjusted after that commencement; and\n- (ii) after the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or","sortOrder":92},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Statutory easements","content":"# Statutory easements","sortOrder":93},{"sectionNumber":"sec.67","sectionType":"section","heading":"Application of pt 7","content":"### sec.67 Application of pt 7\n\nThis part applies to a community titles scheme if the lots included in the scheme are lots on—\na building format plan of subdivision; or\na volumetric format plan of subdivision; or\na standard format plan of subdivision registered under the Land Title Act on or after 13 July 1997.\nIf a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this part applies for the lot.\nThis part has effect for the scheme subject to the provisions of an easement established under the Land Title Act .\ns 67 sub 2003 No. 6 s 26\n(sec.67-ssec.1) This part applies to a community titles scheme if the lots included in the scheme are lots on— a building format plan of subdivision; or a volumetric format plan of subdivision; or a standard format plan of subdivision registered under the Land Title Act on or after 13 July 1997.\n(sec.67-ssec.2) If a lot is a standard format lot in a community titles scheme intended to be developed progressively and there are no buildings on the lot, this part applies for the lot.\n(sec.67-ssec.3) This part has effect for the scheme subject to the provisions of an easement established under the Land Title Act .\n- (a) a building format plan of subdivision; or\n- (b) a volumetric format plan of subdivision; or\n- (c) a standard format plan of subdivision registered under the Land Title Act on or after 13 July 1997.","sortOrder":94},{"sectionNumber":"sec.68","sectionType":"section","heading":"Exercise of rights under statutory easement","content":"### sec.68 Exercise of rights under statutory easement\n\nRights under a statutory easement must not be exercised in a way that unreasonably prevents or interferes with the use and enjoyment of a lot or common property.\nFor other provisions about statutory easements, see the Land Title Act , part 6A , division 5 .\nIf a statutory easement entitles a lot owner to enter another lot or common property to carry out work, the owner—\nmust give reasonable written notice—\nto the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or\nto the body corporate, before entering the common property to carry out work; and\nmust comply with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\nIf a statutory easement entitles the body corporate to enter a lot to carry out work, the body corporate must give reasonable written notice to the lot owner before entering the lot to carry out work.\nSubsections (2) and (3) do not apply if the need for the work to be carried out is, or is in the nature of, an emergency.\ns 68 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 3 sch\n(sec.68-ssec.1) Rights under a statutory easement must not be exercised in a way that unreasonably prevents or interferes with the use and enjoyment of a lot or common property. For other provisions about statutory easements, see the Land Title Act , part 6A , division 5 .\n(sec.68-ssec.2) If a statutory easement entitles a lot owner to enter another lot or common property to carry out work, the owner— must give reasonable written notice— to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or to the body corporate, before entering the common property to carry out work; and must comply with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n(sec.68-ssec.3) If a statutory easement entitles the body corporate to enter a lot to carry out work, the body corporate must give reasonable written notice to the lot owner before entering the lot to carry out work.\n(sec.68-ssec.4) Subsections (2) and (3) do not apply if the need for the work to be carried out is, or is in the nature of, an emergency.\n- (a) must give reasonable written notice— (i) to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or (ii) to the body corporate, before entering the common property to carry out work; and\n- (i) to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or\n- (ii) to the body corporate, before entering the common property to carry out work; and\n- (b) must comply with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n- (i) to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or\n- (ii) to the body corporate, before entering the common property to carry out work; and","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":"Ancillary rights and obligations","content":"### sec.69 Ancillary rights and obligations\n\nAncillary rights and obligations necessary to make easements effective apply to statutory easements.\nThe community management statement may also establish rights and obligations ancillary to statutory easements.\nRights and obligations established under subsection (2) supersede rights and obligations that would otherwise apply under subsection (1) , to the extent that there is inconsistency between the rights and obligations under subsection (1) and the rights and obligations under subsection (2) .\ns 69 amd 2003 No. 6 s 3 sch\n(sec.69-ssec.1) Ancillary rights and obligations necessary to make easements effective apply to statutory easements.\n(sec.69-ssec.2) The community management statement may also establish rights and obligations ancillary to statutory easements.\n(sec.69-ssec.3) Rights and obligations established under subsection (2) supersede rights and obligations that would otherwise apply under subsection (1) , to the extent that there is inconsistency between the rights and obligations under subsection (1) and the rights and obligations under subsection (2) .","sortOrder":96},{"sectionNumber":"sec.70","sectionType":"section","heading":"Services location diagrams","content":"### sec.70 Services location diagrams\n\nThis section applies if—\nbecause of a change in the service easements for the standard format lots included in a community titles scheme, a services location diagram (the original diagram ) included in the community management statement no longer reflects the location of the current service easements; or\na services location diagram is not included in the community management statement and, after the commencement of this section, a service easement ( new easement ) is established for a standard format lot included in the scheme.\nThe body corporate must prepare a services location diagram (the new diagram ) so that—\nif subsection (1) (a) applies—the location of the current service easements for the standard format lots is shown in—\nthe new diagram; or\nthe original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or\nif subsection (1) (b) applies—the new easement is shown in the new diagram.\nThe body corporate must lodge a request to record a new community management statement including the new diagram within 1 year after—\nif subsection (1) (a) applies—the change mentioned in the paragraph happens; or\nif subsection (1) (b) applies—the new easement is established.\ns 70 ins 2003 No. 6 s 27\n(sec.70-ssec.1) This section applies if— because of a change in the service easements for the standard format lots included in a community titles scheme, a services location diagram (the original diagram ) included in the community management statement no longer reflects the location of the current service easements; or a services location diagram is not included in the community management statement and, after the commencement of this section, a service easement ( new easement ) is established for a standard format lot included in the scheme.\n(sec.70-ssec.2) The body corporate must prepare a services location diagram (the new diagram ) so that— if subsection (1) (a) applies—the location of the current service easements for the standard format lots is shown in— the new diagram; or the original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or if subsection (1) (b) applies—the new easement is shown in the new diagram.\n(sec.70-ssec.3) The body corporate must lodge a request to record a new community management statement including the new diagram within 1 year after— if subsection (1) (a) applies—the change mentioned in the paragraph happens; or if subsection (1) (b) applies—the new easement is established.\n- (a) because of a change in the service easements for the standard format lots included in a community titles scheme, a services location diagram (the original diagram ) included in the community management statement no longer reflects the location of the current service easements; or\n- (b) a services location diagram is not included in the community management statement and, after the commencement of this section, a service easement ( new easement ) is established for a standard format lot included in the scheme.\n- (a) if subsection (1) (a) applies—the location of the current service easements for the standard format lots is shown in— (i) the new diagram; or (ii) the original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or\n- (i) the new diagram; or\n- (ii) the original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or\n- (b) if subsection (1) (b) applies—the new easement is shown in the new diagram.\n- (i) the new diagram; or\n- (ii) the original diagram, together with the new diagram and any other services location diagrams previously prepared under this section for the scheme; or\n- (a) if subsection (1) (a) applies—the change mentioned in the paragraph happens; or\n- (b) if subsection (1) (b) applies—the new easement is established.","sortOrder":97},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Reinstatement","content":"# Reinstatement","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of pt 8","content":"### sec.71 Application of pt 8\n\nThis part applies if—\nall or a part of a building (the building ) is scheme land for 1 or more community titles schemes; and\nthe building is damaged.\ns 71 amd 2003 No. 6 s 3 sch\n- (a) all or a part of a building (the building ) is scheme land for 1 or more community titles schemes; and\n- (b) the building is damaged.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Reinstatement process under court approval","content":"### sec.72 Reinstatement process under court approval\n\nAn application may be made to the District Court for approval of a process for reinstating the building in whole or part.\nThe application may be made by 1 or more of the following—\nthe body corporate for a community titles scheme the scheme land for which includes the whole or part of the building;\nthe owner of a lot included in a community titles scheme the scheme land for which includes the whole or part of the building;\nthe registered mortgagee of a lot that is scheme land mentioned in paragraph (a) or (b) .\nThe District Court may approve the process in whole or part.\nOn approving the process, the court may make an order it considers just and equitable—\ndirecting how insurance money is to be applied; and\ndirecting changes to a community titles scheme, including ordering the lodging of a request to record a new community management statement; and\nto the extent that paragraph (b) does not apply—directing changes to subdivisional arrangements for the building; and\ndirecting payment by or to a body corporate or a lot owner, including requiring a body corporate or lot owner to compensate the owners of lots affected by changes to a community titles scheme or other subdivisional arrangement changes; and\ndealing with incidental or ancillary issues.\nInstead of approving a process in whole or in part under this section, the court may make an order for termination or amalgamation in the way permitted under this chapter.\nAn insurer of the building (including of a part of the building) is a party to an application under this section.\nThe body corporate is the respondent to an application made under subsection (2) (b) or (c) .\ns 72 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 28\n(sec.72-ssec.1) An application may be made to the District Court for approval of a process for reinstating the building in whole or part.\n(sec.72-ssec.2) The application may be made by 1 or more of the following— the body corporate for a community titles scheme the scheme land for which includes the whole or part of the building; the owner of a lot included in a community titles scheme the scheme land for which includes the whole or part of the building; the registered mortgagee of a lot that is scheme land mentioned in paragraph (a) or (b) .\n(sec.72-ssec.3) The District Court may approve the process in whole or part.\n(sec.72-ssec.4) On approving the process, the court may make an order it considers just and equitable— directing how insurance money is to be applied; and directing changes to a community titles scheme, including ordering the lodging of a request to record a new community management statement; and to the extent that paragraph (b) does not apply—directing changes to subdivisional arrangements for the building; and directing payment by or to a body corporate or a lot owner, including requiring a body corporate or lot owner to compensate the owners of lots affected by changes to a community titles scheme or other subdivisional arrangement changes; and dealing with incidental or ancillary issues.\n(sec.72-ssec.5) Instead of approving a process in whole or in part under this section, the court may make an order for termination or amalgamation in the way permitted under this chapter.\n(sec.72-ssec.6) An insurer of the building (including of a part of the building) is a party to an application under this section.\n(sec.72-ssec.7) The body corporate is the respondent to an application made under subsection (2) (b) or (c) .\n- (a) the body corporate for a community titles scheme the scheme land for which includes the whole or part of the building;\n- (b) the owner of a lot included in a community titles scheme the scheme land for which includes the whole or part of the building;\n- (c) the registered mortgagee of a lot that is scheme land mentioned in paragraph (a) or (b) .\n- (a) directing how insurance money is to be applied; and\n- (b) directing changes to a community titles scheme, including ordering the lodging of a request to record a new community management statement; and\n- (c) to the extent that paragraph (b) does not apply—directing changes to subdivisional arrangements for the building; and\n- (d) directing payment by or to a body corporate or a lot owner, including requiring a body corporate or lot owner to compensate the owners of lots affected by changes to a community titles scheme or other subdivisional arrangement changes; and\n- (e) dealing with incidental or ancillary issues.","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Variation and substitution of court orders","content":"### sec.73 Variation and substitution of court orders\n\nThe District Court may, for an order made by it for an approved reinstatement process, and as it considers just and equitable—\nvary the order; or\nrevoke the order and substitute another order.\nAn order substituted under subsection (1) (b) must be an order of a kind the court is authorised to make under section 72 (4) .\nThe court may take action under subsection (1) on application by an entity that made, or was entitled to make, the application for the approved reinstatement process.\nAn insurer of the building, including a part of the building, is a party to an application under this section.\nIf the application for an order under subsection (1) is made by an entity other than the body corporate, the body corporate is the respondent to the application.\ns 73 prev s 73 amd 2003 No. 6 s 3 sch\nom 2003 No. 6 s 3 sch\npres s 73 ins 2003 No. 6 s 29\n(sec.73-ssec.1) The District Court may, for an order made by it for an approved reinstatement process, and as it considers just and equitable— vary the order; or revoke the order and substitute another order.\n(sec.73-ssec.2) An order substituted under subsection (1) (b) must be an order of a kind the court is authorised to make under section 72 (4) .\n(sec.73-ssec.3) The court may take action under subsection (1) on application by an entity that made, or was entitled to make, the application for the approved reinstatement process.\n(sec.73-ssec.4) An insurer of the building, including a part of the building, is a party to an application under this section.\n(sec.73-ssec.5) If the application for an order under subsection (1) is made by an entity other than the body corporate, the body corporate is the respondent to the application.\n- (a) vary the order; or\n- (b) revoke the order and substitute another order.","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Reinstatement process under resolution without dissent","content":"### sec.74 Reinstatement process under resolution without dissent\n\nThe body corporate for a community titles scheme the scheme land for which includes the whole or part of the building may, by resolution without dissent, approve a process for reinstating the building in whole or part.\nHowever, the resolution approving the process—\nhas effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and\nis of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process.\nThe process as approved may include anything the court may order in approving a process under this part.\n(sec.74-ssec.1) The body corporate for a community titles scheme the scheme land for which includes the whole or part of the building may, by resolution without dissent, approve a process for reinstating the building in whole or part.\n(sec.74-ssec.2) However, the resolution approving the process— has effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and is of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process.\n(sec.74-ssec.3) The process as approved may include anything the court may order in approving a process under this part.\n- (a) has effect only to the extent that it applies to a part (the affected area ) of the building that is scheme land; and\n- (b) is of no effect unless each person who is an insurer of the affected area or part of the affected area also approves the process.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Registration for changes to scheme under approved reinstatement process","content":"### sec.75 Registration for changes to scheme under approved reinstatement process\n\nIf an approved reinstatement process provides for a change to a community titles scheme, the change must be registered under the Land Title Act , section 115T .\ns 75 sub 2003 No. 6 s 30","sortOrder":103},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Termination of community titles schemes—basic schemes","content":"# Termination of community titles schemes—basic schemes","sortOrder":104},{"sectionNumber":"ch.2-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":105},{"sectionNumber":"sec.76","sectionType":"section","heading":"Purpose of part","content":"### sec.76 Purpose of part\n\nThe purpose of this part is to provide for—\nthe process for the termination of a community titles scheme that is a basic scheme; and\nA community titles scheme that is not a basic scheme would need to become a basic scheme in order to be terminated under this part.\nthe dissolution of the body corporate for the scheme.\ns 76 amd 2003 No. 6 s 3 sch\nsub 2023 No. 29 s 7\n- (a) the process for the termination of a community titles scheme that is a basic scheme; and Note— A community titles scheme that is not a basic scheme would need to become a basic scheme in order to be terminated under this part.\n- (b) the dissolution of the body corporate for the scheme.","sortOrder":106},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for part","content":"### sec.77 Definitions for part\n\nIn this part—\ncourt means the District Court.\nlease includes—\na residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; or\na lease under the Retail Shop Leases Act 1994 .\ns 77 def lease ins 2024 No. 27 s 89\nleasehold interest includes a resident’s interest in a rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 .\ns 77 def leasehold interest ins 2024 No. 27 s 89\nlessee includes a resident in rooming accommodation under the Residential Tenancies and Rooming Accommodation Act 2008 .\ns 77 def lessee ins 2024 No. 27 s 89\nshort lease see the Land Title Act , schedule 2 .\ntermination issues means—\nthe disposal, and disposition of proceeds from the disposal, of the land that, immediately before the termination of a community titles scheme, is scheme land; and\ncustody, management and distribution, including the disposal, and disposition of proceeds from the disposal, of items of property that, immediately before the termination of a community titles scheme, are body corporate assets; and\nthe sharing of liabilities that, immediately before the termination of a community titles scheme, are liabilities of the body corporate.\ns 77 amd 2003 No. 6 s 3 sch\nsub 2023 No. 29 s 7\n- (a) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; or\n- (b) a lease under the Retail Shop Leases Act 1994 .\n- (a) the disposal, and disposition of proceeds from the disposal, of the land that, immediately before the termination of a community titles scheme, is scheme land; and\n- (b) custody, management and distribution, including the disposal, and disposition of proceeds from the disposal, of items of property that, immediately before the termination of a community titles scheme, are body corporate assets; and\n- (c) the sharing of liabilities that, immediately before the termination of a community titles scheme, are liabilities of the body corporate.","sortOrder":107},{"sectionNumber":"ch.2-pt.9-div.2","sectionType":"division","heading":"Termination—resolution without dissent","content":"## Termination—resolution without dissent","sortOrder":108},{"sectionNumber":"sec.78","sectionType":"section","heading":"Terminating community titles scheme by resolution without dissent","content":"### sec.78 Terminating community titles scheme by resolution without dissent\n\nA community titles scheme may be terminated if—\nthe body corporate for the scheme decides by resolution without dissent to terminate the scheme; and\nto the extent necessary for the effective termination of the scheme—an agreement about termination issues is entered into between—\nall registered proprietors of scheme land; and\neach lessee under a registrable or short lease to which scheme land is subject.\ns 78 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 3 sch ; 2007 No. 41 s 146F ; 2012 No. 43 s 221 sch 1\nsub 2023 No. 29 s 7\n- (a) the body corporate for the scheme decides by resolution without dissent to terminate the scheme; and\n- (b) to the extent necessary for the effective termination of the scheme—an agreement about termination issues is entered into between— (i) all registered proprietors of scheme land; and (ii) each lessee under a registrable or short lease to which scheme land is subject.\n- (i) all registered proprietors of scheme land; and\n- (ii) each lessee under a registrable or short lease to which scheme land is subject.\n- (i) all registered proprietors of scheme land; and\n- (ii) each lessee under a registrable or short lease to which scheme land is subject.","sortOrder":109},{"sectionNumber":"ch.2-pt.9-div.3","sectionType":"division","heading":"Termination—court order","content":"## Termination—court order","sortOrder":110},{"sectionNumber":"sec.79","sectionType":"section","heading":"Terminating community titles scheme—application for court order","content":"### sec.79 Terminating community titles scheme—application for court order\n\nA community titles scheme may be terminated if—\nan application is made to the court for an order to terminate the scheme by any of the following—\nthe body corporate;\nthe owner of a lot included in the scheme;\nan administrator appointed under the dispute resolution provisions; and\nthe court decides it is just and equitable to terminate the scheme.\nIn deciding an application under this section, the court must consider the following—\nif a vote was held—the percentage of lot owners voting in favour of terminating the scheme;\nif available—the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole;\nthe economic and social effects of the termination of the scheme on each lot owner;\nthe economic and social effects of the termination on, if applicable—\na person who has a leasehold interest in the lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; and\nthe caretaking service contractor for the scheme; and\nany other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\na matter the court is required to consider that is prescribed under the regulation module that applies to the scheme;\nany other matter the court considers relevant.\nIn deciding an application under this section, the court may do the following—\nhave regard to the views of the following—\nall registered proprietors of scheme land;\na lessee under a registrable or short lease to which scheme land is subject;\na local government in whose local government area scheme land is located;\nif any scheme land is in a priority development area—MEDQ;\nappoint an administrator and give the administrator authority to put the order into effect in the way directed by the court;\nmake any order, to the extent necessary for the effective termination of the scheme, about termination issues.\nWithout limiting the orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order—\nthe appointment of a trustee; or\nthe removal of a trustee.\ns 79 sub 2003 No. 6 s 31 ; 2023 No. 29 s 7\n(sec.79-ssec.1) A community titles scheme may be terminated if— an application is made to the court for an order to terminate the scheme by any of the following— the body corporate; the owner of a lot included in the scheme; an administrator appointed under the dispute resolution provisions; and the court decides it is just and equitable to terminate the scheme.\n(sec.79-ssec.2) In deciding an application under this section, the court must consider the following— if a vote was held—the percentage of lot owners voting in favour of terminating the scheme; if available—the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole; the economic and social effects of the termination of the scheme on each lot owner; the economic and social effects of the termination on, if applicable— a person who has a leasehold interest in the lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; and the caretaking service contractor for the scheme; and any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme; a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme; any other matter the court considers relevant.\n(sec.79-ssec.3) In deciding an application under this section, the court may do the following— have regard to the views of the following— all registered proprietors of scheme land; a lessee under a registrable or short lease to which scheme land is subject; a local government in whose local government area scheme land is located; if any scheme land is in a priority development area—MEDQ; appoint an administrator and give the administrator authority to put the order into effect in the way directed by the court; make any order, to the extent necessary for the effective termination of the scheme, about termination issues.\n(sec.79-ssec.4) Without limiting the orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee.\n- (a) an application is made to the court for an order to terminate the scheme by any of the following— (i) the body corporate; (ii) the owner of a lot included in the scheme; (iii) an administrator appointed under the dispute resolution provisions; and\n- (i) the body corporate;\n- (ii) the owner of a lot included in the scheme;\n- (iii) an administrator appointed under the dispute resolution provisions; and\n- (b) the court decides it is just and equitable to terminate the scheme.\n- (i) the body corporate;\n- (ii) the owner of a lot included in the scheme;\n- (iii) an administrator appointed under the dispute resolution provisions; and\n- (a) if a vote was held—the percentage of lot owners voting in favour of terminating the scheme;\n- (b) if available—the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole;\n- (c) the economic and social effects of the termination of the scheme on each lot owner;\n- (d) the economic and social effects of the termination on, if applicable— (i) a person who has a leasehold interest in the lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; and (ii) the caretaking service contractor for the scheme; and (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\n- (i) a person who has a leasehold interest in the lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; and\n- (ii) the caretaking service contractor for the scheme; and\n- (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\n- (e) a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme;\n- (f) any other matter the court considers relevant.\n- (i) a person who has a leasehold interest in the lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; and\n- (ii) the caretaking service contractor for the scheme; and\n- (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\n- (a) have regard to the views of the following— (i) all registered proprietors of scheme land; (ii) a lessee under a registrable or short lease to which scheme land is subject; (iii) a local government in whose local government area scheme land is located; (iv) if any scheme land is in a priority development area—MEDQ;\n- (i) all registered proprietors of scheme land;\n- (ii) a lessee under a registrable or short lease to which scheme land is subject;\n- (iii) a local government in whose local government area scheme land is located;\n- (iv) if any scheme land is in a priority development area—MEDQ;\n- (b) appoint an administrator and give the administrator authority to put the order into effect in the way directed by the court;\n- (c) make any order, to the extent necessary for the effective termination of the scheme, about termination issues.\n- (i) all registered proprietors of scheme land;\n- (ii) a lessee under a registrable or short lease to which scheme land is subject;\n- (iii) a local government in whose local government area scheme land is located;\n- (iv) if any scheme land is in a priority development area—MEDQ;\n- (a) the appointment of a trustee; or\n- (b) the removal of a trustee.","sortOrder":111},{"sectionNumber":"ch.2-pt.9-div.4","sectionType":"division","heading":"Termination—economic reasons for termination","content":"## Termination—economic reasons for termination","sortOrder":112},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of division to particular schemes","content":"### sec.80 Application of division to particular schemes\n\nThis division applies only—\nto a community titles scheme other than a retirement village scheme to which this Act applies; and\nif the body corporate for the scheme—\nprepares a termination plan; and\npasses a motion for an economic reasons resolution.\nIn this section—\nretirement village scheme see the Retirement Villages Act 1999 , schedule.\ns 80 sub 2003 No. 6 s 31\namd 2007 No. 41 s 146G ; 2010 No. 15 s 98 sch 3 ; 2009 No. 17 s 331 sch 1 (amd 2010 No. 23 s 344 (3) ); 2012 No. 43 s 221 sch 1\nsub 2023 No. 29 s 7\n(sec.80-ssec.1) This division applies only— to a community titles scheme other than a retirement village scheme to which this Act applies; and if the body corporate for the scheme— prepares a termination plan; and passes a motion for an economic reasons resolution.\n(sec.80-ssec.2) In this section— retirement village scheme see the Retirement Villages Act 1999 , schedule.\n- (a) to a community titles scheme other than a retirement village scheme to which this Act applies; and\n- (b) if the body corporate for the scheme— (i) prepares a termination plan; and (ii) passes a motion for an economic reasons resolution.\n- (i) prepares a termination plan; and\n- (ii) passes a motion for an economic reasons resolution.\n- (i) prepares a termination plan; and\n- (ii) passes a motion for an economic reasons resolution.","sortOrder":113},{"sectionNumber":"sec.81","sectionType":"section","heading":"Definitions","content":"### sec.81 Definitions\n\nIn this division—\neconomic reasons for termination see section 81A .\neconomic reasons resolution , of a body corporate for a community titles scheme, means a resolution that decides that economic reasons for termination exist to support the termination of the scheme.\nfacilitator see section 81M (2) .\npre-termination report see section 81C (1) .\ntermination plan see section 81B (1) .\ntermination plan resolution , of a body corporate for a community titles scheme, means a resolution that decides the body corporate must prepare a termination plan for the scheme.\ntermination resolution , of a body corporate for a community titles scheme, means a resolution to implement the terms of a termination plan in order to terminate the scheme.\ns 81 amd 1999 No. 19 s 3 sch\nsub 2023 No. 29 s 7","sortOrder":114},{"sectionNumber":"sec.81A","sectionType":"section","heading":"What are economic reasons for termination","content":"### sec.81A What are economic reasons for termination\n\nThe following are economic reasons for termination of a community titles scheme—\nif all of the lots included in the scheme are used for a commercial purpose—that it is not economically viable for the scheme to continue;\nthat, on the day a pre-termination report is given to lot owners, or within 5 years from that day, it is not, or will not be, economically viable for the body corporate for the scheme to carry out repairs and maintenance to any property or assets the body corporate must maintain in good or structurally sound condition.\ns 81A ins 2023 No. 29 s 7\n- (a) if all of the lots included in the scheme are used for a commercial purpose—that it is not economically viable for the scheme to continue;\n- (b) that, on the day a pre-termination report is given to lot owners, or within 5 years from that day, it is not, or will not be, economically viable for the body corporate for the scheme to carry out repairs and maintenance to any property or assets the body corporate must maintain in good or structurally sound condition.","sortOrder":115},{"sectionNumber":"sec.81B","sectionType":"section","heading":"What is a termination plan","content":"### sec.81B What is a termination plan\n\nA termination plan is a document prepared by a body corporate for a community titles scheme that sets out the following matters for the termination of the scheme—\nthe arrangements necessary to ensure the sale of the scheme to a single entity, including, if known—\nthe name of the entity that is proposing to buy the scheme; and\nthe proposed sale price; and\nthe proposed day for settlement of the contract; and\nif the scheme is to be sold by public auction or tender—\nthe proposal for marketing the sale of the scheme; and\nthe minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and\nthe day of the public auction or tender;\nthe proposed day on which the owners of the lots are to provide vacant possession of their lots;\nthe costs and expenses to be deducted from the sale price;\nhow the following will be distributed for each lot in accordance with the respective market value of a lot principle—\nthe assets and liabilities of the body corporate;\nthe proceeds of the sale of the scheme;\nan estimate of the amount to which each owner of a lot will be entitled on the sale of the scheme;\nhow the interests of a lessee of a lot included in the scheme or other scheme land, that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the lessor;\nthe arrangements requiring the facilitator to, at least 2 months before the day of settlement for the contract, give written notice to each lessee of a lot included in the scheme or other scheme land stating—\nthe day of settlement; and\nif section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and\nthe day on which the owner of the lot is to provide vacant possession of the lot;\nhow the interests of a person who has a contractual arrangement with the body corporate that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the body corporate;\nany other terms and conditions of the proposed sale that the body corporate considers are relevant to the termination of the scheme.\nWithout limiting subsection (1) (a) to (i) , the termination plan must provide that each of the following entities must receive at least the minimum compensation amount on the sale of the scheme—\neach owner of a lot included in the scheme;\neach person who has a leasehold interest in the scheme.\nFor subsection (1) (h) , if the contractual arrangement is for management rights for the scheme, the amount of compensation to be paid to the caretaking service contractor must not be less than the market value of the management rights valued at the day the pre-termination report is given to lot owners.\nThe minimum compensation payable is the amount worked out using the formula—\nwhere—\nA is the amount to which a person would be entitled if, at the time the scheme is sold, the scheme land were compulsorily acquired under the Acquisition of Land Act 1967 .\nD is the amount of any debt the person owes to the body corporate.\nIn this section—\nlessor includes a provider under the Residential Tenancies and Rooming Accommodation Act 2008 .\nrespective market value of a lot principle is the principle that the market value of a lot in a community titles scheme is the value expressed as a percentage of the sum of the market value of all of the lots in the scheme.\ns 81B ins 2023 No. 29 s 7\namd 2024 No. 27 s 90\n(sec.81B-ssec.1) A termination plan is a document prepared by a body corporate for a community titles scheme that sets out the following matters for the termination of the scheme— the arrangements necessary to ensure the sale of the scheme to a single entity, including, if known— the name of the entity that is proposing to buy the scheme; and the proposed sale price; and the proposed day for settlement of the contract; and if the scheme is to be sold by public auction or tender— the proposal for marketing the sale of the scheme; and the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and the day of the public auction or tender; the proposed day on which the owners of the lots are to provide vacant possession of their lots; the costs and expenses to be deducted from the sale price; how the following will be distributed for each lot in accordance with the respective market value of a lot principle— the assets and liabilities of the body corporate; the proceeds of the sale of the scheme; an estimate of the amount to which each owner of a lot will be entitled on the sale of the scheme; how the interests of a lessee of a lot included in the scheme or other scheme land, that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the lessor; the arrangements requiring the facilitator to, at least 2 months before the day of settlement for the contract, give written notice to each lessee of a lot included in the scheme or other scheme land stating— the day of settlement; and if section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and the day on which the owner of the lot is to provide vacant possession of the lot; how the interests of a person who has a contractual arrangement with the body corporate that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the body corporate; any other terms and conditions of the proposed sale that the body corporate considers are relevant to the termination of the scheme.\n(sec.81B-ssec.2) Without limiting subsection (1) (a) to (i) , the termination plan must provide that each of the following entities must receive at least the minimum compensation amount on the sale of the scheme— each owner of a lot included in the scheme; each person who has a leasehold interest in the scheme.\n(sec.81B-ssec.3) For subsection (1) (h) , if the contractual arrangement is for management rights for the scheme, the amount of compensation to be paid to the caretaking service contractor must not be less than the market value of the management rights valued at the day the pre-termination report is given to lot owners.\n(sec.81B-ssec.4) The minimum compensation payable is the amount worked out using the formula— where— A is the amount to which a person would be entitled if, at the time the scheme is sold, the scheme land were compulsorily acquired under the Acquisition of Land Act 1967 . D is the amount of any debt the person owes to the body corporate.\n(sec.81B-ssec.5) In this section— lessor includes a provider under the Residential Tenancies and Rooming Accommodation Act 2008 . respective market value of a lot principle is the principle that the market value of a lot in a community titles scheme is the value expressed as a percentage of the sum of the market value of all of the lots in the scheme.\n- (a) the arrangements necessary to ensure the sale of the scheme to a single entity, including, if known— (i) the name of the entity that is proposing to buy the scheme; and (ii) the proposed sale price; and (iii) the proposed day for settlement of the contract; and (iv) if the scheme is to be sold by public auction or tender— (A) the proposal for marketing the sale of the scheme; and (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and (C) the day of the public auction or tender;\n- (i) the name of the entity that is proposing to buy the scheme; and\n- (ii) the proposed sale price; and\n- (iii) the proposed day for settlement of the contract; and\n- (iv) if the scheme is to be sold by public auction or tender— (A) the proposal for marketing the sale of the scheme; and (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and (C) the day of the public auction or tender;\n- (A) the proposal for marketing the sale of the scheme; and\n- (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and\n- (C) the day of the public auction or tender;\n- (b) the proposed day on which the owners of the lots are to provide vacant possession of their lots;\n- (c) the costs and expenses to be deducted from the sale price;\n- (d) how the following will be distributed for each lot in accordance with the respective market value of a lot principle— (i) the assets and liabilities of the body corporate; (ii) the proceeds of the sale of the scheme;\n- (i) the assets and liabilities of the body corporate;\n- (ii) the proceeds of the sale of the scheme;\n- (e) an estimate of the amount to which each owner of a lot will be entitled on the sale of the scheme;\n- (f) how the interests of a lessee of a lot included in the scheme or other scheme land, that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the lessor;\n- (g) the arrangements requiring the facilitator to, at least 2 months before the day of settlement for the contract, give written notice to each lessee of a lot included in the scheme or other scheme land stating— (i) the day of settlement; and (ii) if section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and (iii) the day on which the owner of the lot is to provide vacant possession of the lot;\n- (i) the day of settlement; and\n- (ii) if section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and\n- (iii) the day on which the owner of the lot is to provide vacant possession of the lot;\n- (h) how the interests of a person who has a contractual arrangement with the body corporate that would, but for the sale of the scheme, extend beyond the proposed sale will, on the sale of the scheme, be compensated by the body corporate;\n- (i) any other terms and conditions of the proposed sale that the body corporate considers are relevant to the termination of the scheme.\n- (i) the name of the entity that is proposing to buy the scheme; and\n- (ii) the proposed sale price; and\n- (iii) the proposed day for settlement of the contract; and\n- (iv) if the scheme is to be sold by public auction or tender— (A) the proposal for marketing the sale of the scheme; and (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and (C) the day of the public auction or tender;\n- (A) the proposal for marketing the sale of the scheme; and\n- (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and\n- (C) the day of the public auction or tender;\n- (A) the proposal for marketing the sale of the scheme; and\n- (B) the minimum reserve price for the sale or details of the way in which a minimum reserve price is to be set; and\n- (C) the day of the public auction or tender;\n- (i) the assets and liabilities of the body corporate;\n- (ii) the proceeds of the sale of the scheme;\n- (i) the day of settlement; and\n- (ii) if section 81V applies in relation to the lease—that the lessee’s lease will terminate on the settlement day under that section; and\n- (iii) the day on which the owner of the lot is to provide vacant possession of the lot;\n- (a) each owner of a lot included in the scheme;\n- (b) each person who has a leasehold interest in the scheme.","sortOrder":116},{"sectionNumber":"sec.81C","sectionType":"section","heading":"Body corporate must prepare pre-termination report","content":"### sec.81C Body corporate must prepare pre-termination report\n\nA body corporate for a community titles scheme must prepare a report (a pre-termination report ) before it considers a motion to decide an economic reasons resolution.\nWithout limiting what may be included in a pre-termination report, the report must include the following—\na market valuation of each lot in the scheme;\na market valuation of the scheme land;\na document prepared by the body corporate that states—\nthe estimated value of each body corporate asset; and\nthe nature and estimated value of each liability of the body corporate;\nif the body corporate decides the pre-termination report must include information about whether economic reasons for termination mentioned in section 81A (a) exist—a report by an appropriately qualified person on whether the lots can be used for an economically viable purpose;\nif the body corporate decides the pre-termination report must include information about whether the economic reasons for termination mentioned in section 81A (b) exist—\na report by a structural engineer on the condition of any property or assets the body corporate must maintain in good or structurally sound condition; and\na report by an appropriately qualified person, taking into account the report of the structural engineer, on the works reasonably required to maintain, repair or, if necessary, replace any property or assets; and\na report by a quantity surveyor estimating the cost of the works identified in the report provided under subparagraph (ii) .\nThe body corporate must not appoint a person to prepare a report under this section if the body corporate knows, or reasonably suspects, the person has a conflict of interest in preparation of the report.\nIf a person who is appointed to prepare a report under this section has an interest that conflicts, or may conflict, with preparation of the report, the person—\nmust disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and\nmust not take action or further action concerning the report that is, or may be, affected by the conflict unless authorised by the body corporate.\ns 81C ins 2023 No. 29 s 7\n(sec.81C-ssec.1) A body corporate for a community titles scheme must prepare a report (a pre-termination report ) before it considers a motion to decide an economic reasons resolution.\n(sec.81C-ssec.2) Without limiting what may be included in a pre-termination report, the report must include the following— a market valuation of each lot in the scheme; a market valuation of the scheme land; a document prepared by the body corporate that states— the estimated value of each body corporate asset; and the nature and estimated value of each liability of the body corporate; if the body corporate decides the pre-termination report must include information about whether economic reasons for termination mentioned in section 81A (a) exist—a report by an appropriately qualified person on whether the lots can be used for an economically viable purpose; if the body corporate decides the pre-termination report must include information about whether the economic reasons for termination mentioned in section 81A (b) exist— a report by a structural engineer on the condition of any property or assets the body corporate must maintain in good or structurally sound condition; and a report by an appropriately qualified person, taking into account the report of the structural engineer, on the works reasonably required to maintain, repair or, if necessary, replace any property or assets; and a report by a quantity surveyor estimating the cost of the works identified in the report provided under subparagraph (ii) .\n(sec.81C-ssec.3) The body corporate must not appoint a person to prepare a report under this section if the body corporate knows, or reasonably suspects, the person has a conflict of interest in preparation of the report.\n(sec.81C-ssec.4) If a person who is appointed to prepare a report under this section has an interest that conflicts, or may conflict, with preparation of the report, the person— must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action concerning the report that is, or may be, affected by the conflict unless authorised by the body corporate.\n- (a) a market valuation of each lot in the scheme;\n- (b) a market valuation of the scheme land;\n- (c) a document prepared by the body corporate that states— (i) the estimated value of each body corporate asset; and (ii) the nature and estimated value of each liability of the body corporate;\n- (i) the estimated value of each body corporate asset; and\n- (ii) the nature and estimated value of each liability of the body corporate;\n- (d) if the body corporate decides the pre-termination report must include information about whether economic reasons for termination mentioned in section 81A (a) exist—a report by an appropriately qualified person on whether the lots can be used for an economically viable purpose;\n- (e) if the body corporate decides the pre-termination report must include information about whether the economic reasons for termination mentioned in section 81A (b) exist— (i) a report by a structural engineer on the condition of any property or assets the body corporate must maintain in good or structurally sound condition; and (ii) a report by an appropriately qualified person, taking into account the report of the structural engineer, on the works reasonably required to maintain, repair or, if necessary, replace any property or assets; and (iii) a report by a quantity surveyor estimating the cost of the works identified in the report provided under subparagraph (ii) .\n- (i) a report by a structural engineer on the condition of any property or assets the body corporate must maintain in good or structurally sound condition; and\n- (ii) a report by an appropriately qualified person, taking into account the report of the structural engineer, on the works reasonably required to maintain, repair or, if necessary, replace any property or assets; and\n- (iii) a report by a quantity surveyor estimating the cost of the works identified in the report provided under subparagraph (ii) .\n- (i) the estimated value of each body corporate asset; and\n- (ii) the nature and estimated value of each liability of the body corporate;\n- (i) a report by a structural engineer on the condition of any property or assets the body corporate must maintain in good or structurally sound condition; and\n- (ii) a report by an appropriately qualified person, taking into account the report of the structural engineer, on the works reasonably required to maintain, repair or, if necessary, replace any property or assets; and\n- (iii) a report by a quantity surveyor estimating the cost of the works identified in the report provided under subparagraph (ii) .\n- (a) must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and\n- (b) must not take action or further action concerning the report that is, or may be, affected by the conflict unless authorised by the body corporate.","sortOrder":117},{"sectionNumber":"sec.81D","sectionType":"section","heading":"General meeting—economic reasons resolution","content":"### sec.81D General meeting—economic reasons resolution\n\nThis section applies if a body corporate for a community titles scheme prepares a pre-termination report.\nThe body corporate must give each lot owner a copy of the pre-termination report at least 90 days before it holds a general meeting to consider a motion about whether economic reasons for termination exist.\nThe motion must state the economic reasons for termination established by the pre-termination report.\nAt the general meeting the body corporate may, by majority resolution, pass an economic reasons resolution.\ns 81D ins 2023 No. 29 s 7\n(sec.81D-ssec.1) This section applies if a body corporate for a community titles scheme prepares a pre-termination report.\n(sec.81D-ssec.2) The body corporate must give each lot owner a copy of the pre-termination report at least 90 days before it holds a general meeting to consider a motion about whether economic reasons for termination exist.\n(sec.81D-ssec.3) The motion must state the economic reasons for termination established by the pre-termination report.\n(sec.81D-ssec.4) At the general meeting the body corporate may, by majority resolution, pass an economic reasons resolution.","sortOrder":118},{"sectionNumber":"sec.81E","sectionType":"section","heading":"General meeting—termination plan resolution","content":"### sec.81E General meeting—termination plan resolution\n\nThis section applies if under section 81D (4) a body corporate passes an economic reasons resolution.\nThe body corporate may, at a general meeting, by majority resolution, pass a termination plan resolution.\ns 81E ins 2023 No. 29 s 7\n(sec.81E-ssec.1) This section applies if under section 81D (4) a body corporate passes an economic reasons resolution.\n(sec.81E-ssec.2) The body corporate may, at a general meeting, by majority resolution, pass a termination plan resolution.","sortOrder":119},{"sectionNumber":"sec.81F","sectionType":"section","heading":"Notice of passage of termination plan resolution","content":"### sec.81F Notice of passage of termination plan resolution\n\nIf a body corporate for a community titles scheme passes a termination plan resolution it must, within 14 days after passing the resolution, give a relevant person written notice, in the approved form, advising the person that the resolution was passed.\nIn this section—\nrelevant person means the following—\neach owner of a lot included in the scheme;\neach person whose leasehold interest in a lot, or other scheme land, is created by a lease or sublease for a term of 6 months or more;\neach person who is a registered mortgagee of a lot included in the scheme;\nthe caretaking service contractor for the scheme;\nthe letting agent for the scheme.\ns 81F ins 2023 No. 29 s 7\n(sec.81F-ssec.1) If a body corporate for a community titles scheme passes a termination plan resolution it must, within 14 days after passing the resolution, give a relevant person written notice, in the approved form, advising the person that the resolution was passed.\n(sec.81F-ssec.2) In this section— relevant person means the following— each owner of a lot included in the scheme; each person whose leasehold interest in a lot, or other scheme land, is created by a lease or sublease for a term of 6 months or more; each person who is a registered mortgagee of a lot included in the scheme; the caretaking service contractor for the scheme; the letting agent for the scheme.\n- (a) each owner of a lot included in the scheme;\n- (b) each person whose leasehold interest in a lot, or other scheme land, is created by a lease or sublease for a term of 6 months or more;\n- (c) each person who is a registered mortgagee of a lot included in the scheme;\n- (d) the caretaking service contractor for the scheme;\n- (e) the letting agent for the scheme.","sortOrder":120},{"sectionNumber":"sec.81G","sectionType":"section","heading":"Dispute about economic reasons resolution","content":"### sec.81G Dispute about economic reasons resolution\n\nThis section applies if a body corporate for a community titles scheme considered a motion to pass an economic reasons resolution and—\nif the resolution was passed—an owner of a lot (an aggrieved party ) included in the scheme considers the resolution should not have been passed; or\nif the resolution was not passed—the body corporate or an owner of a lot (each also an aggrieved party ) included in the scheme considers the resolution should have been passed.\nAn aggrieved party may, within the objection period, apply under chapter 6 for an order of a specialist adjudicator to resolve the dispute.\nIf an application is made for specialist adjudication under this section, the body corporate that passed the resolution must not, before the dispute is resolved, consider a motion to pass a termination resolution.\nIn this section—\nobjection period means—\nfor a person mentioned in subsection (1) (a) —the period of 90 days starting on the day the aggrieved party is given a notice under section 81F ; or\nfor a person mentioned in subsection (1) (b) —the period of 90 days starting on the day the motion for the economic reasons resolution was considered by the body corporate.\ns 81G ins 2023 No. 29 s 7\n(sec.81G-ssec.1) This section applies if a body corporate for a community titles scheme considered a motion to pass an economic reasons resolution and— if the resolution was passed—an owner of a lot (an aggrieved party ) included in the scheme considers the resolution should not have been passed; or if the resolution was not passed—the body corporate or an owner of a lot (each also an aggrieved party ) included in the scheme considers the resolution should have been passed.\n(sec.81G-ssec.2) An aggrieved party may, within the objection period, apply under chapter 6 for an order of a specialist adjudicator to resolve the dispute.\n(sec.81G-ssec.3) If an application is made for specialist adjudication under this section, the body corporate that passed the resolution must not, before the dispute is resolved, consider a motion to pass a termination resolution.\n(sec.81G-ssec.4) In this section— objection period means— for a person mentioned in subsection (1) (a) —the period of 90 days starting on the day the aggrieved party is given a notice under section 81F ; or for a person mentioned in subsection (1) (b) —the period of 90 days starting on the day the motion for the economic reasons resolution was considered by the body corporate.\n- (a) if the resolution was passed—an owner of a lot (an aggrieved party ) included in the scheme considers the resolution should not have been passed; or\n- (b) if the resolution was not passed—the body corporate or an owner of a lot (each also an aggrieved party ) included in the scheme considers the resolution should have been passed.\n- (a) for a person mentioned in subsection (1) (a) —the period of 90 days starting on the day the aggrieved party is given a notice under section 81F ; or\n- (b) for a person mentioned in subsection (1) (b) —the period of 90 days starting on the day the motion for the economic reasons resolution was considered by the body corporate.","sortOrder":121},{"sectionNumber":"sec.81H","sectionType":"section","heading":"Consolidation of proceedings for specialist adjudication","content":"### sec.81H Consolidation of proceedings for specialist adjudication\n\nThis section applies if more than 1 application for specialist adjudication is made under section 81G (2) about the same motion to pass an economic reasons resolution.\nThe commissioner may recommend the applications be consolidated into 1 proceeding.\ns 81H ins 2023 No. 29 s 7\n(sec.81H-ssec.1) This section applies if more than 1 application for specialist adjudication is made under section 81G (2) about the same motion to pass an economic reasons resolution.\n(sec.81H-ssec.2) The commissioner may recommend the applications be consolidated into 1 proceeding.","sortOrder":122},{"sectionNumber":"sec.81I","sectionType":"section","heading":"Application of subdivision","content":"### sec.81I Application of subdivision\n\nThis subdivision applies if a body corporate for a community titles scheme passes a termination plan resolution.\ns 81I ins 2023 No. 29 s 7","sortOrder":123},{"sectionNumber":"sec.81J","sectionType":"section","heading":"Giving termination plan before general meeting","content":"### sec.81J Giving termination plan before general meeting\n\nA body corporate for a community titles scheme must give each lot owner a copy of the termination plan for the scheme at least 120 days before it holds a general meeting to consider a motion for a termination resolution.\ns 81J ins 2023 No. 29 s 7","sortOrder":124},{"sectionNumber":"sec.81K","sectionType":"section","heading":"General meeting to consider termination resolution","content":"### sec.81K General meeting to consider termination resolution\n\nThis section applies if a body corporate for a community titles scheme passes an economic reasons resolution and complies with section 81J .\nThe body corporate may call a general meeting to consider a motion for a termination resolution.\nThe general meeting must not consider any other motion proposing an alternative way to terminate the scheme.\nA motion for a termination resolution may only be passed if 75% or more of all lot owners vote for the motion.\nOne vote only may be exercised for each lot included in the scheme.\nA vote can not be exercised by proxy.\nIf the regulation module applying to the scheme provides for a motion to be decided by secret ballot, the motion must be decided by secret ballot.\nAlso, despite anything in the regulation module applying to the scheme, an owner of a lot may vote on the motion if the owner owes a body corporate debt in relation to the lot at the time of the meeting.\ns 81K ins 2023 No. 29 s 7\n(sec.81K-ssec.1) This section applies if a body corporate for a community titles scheme passes an economic reasons resolution and complies with section 81J .\n(sec.81K-ssec.2) The body corporate may call a general meeting to consider a motion for a termination resolution.\n(sec.81K-ssec.3) The general meeting must not consider any other motion proposing an alternative way to terminate the scheme.\n(sec.81K-ssec.4) A motion for a termination resolution may only be passed if 75% or more of all lot owners vote for the motion.\n(sec.81K-ssec.5) One vote only may be exercised for each lot included in the scheme.\n(sec.81K-ssec.6) A vote can not be exercised by proxy.\n(sec.81K-ssec.7) If the regulation module applying to the scheme provides for a motion to be decided by secret ballot, the motion must be decided by secret ballot.\n(sec.81K-ssec.8) Also, despite anything in the regulation module applying to the scheme, an owner of a lot may vote on the motion if the owner owes a body corporate debt in relation to the lot at the time of the meeting.","sortOrder":125},{"sectionNumber":"sec.81L","sectionType":"section","heading":"Notice of termination resolution","content":"### sec.81L Notice of termination resolution\n\nThis section applies if a motion for a termination resolution is considered by a body corporate for a community titles scheme.\nThe body corporate must, within 2 weeks after the motion is decided, give each of the following entities a notice in the approved form advising the entity whether the motion is passed—\neach owner and registered mortgagee of a lot included in the scheme;\neach person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more;\nthe caretaking service contractor for the scheme;\nthe letting agent for the scheme.\nAlso, if the motion is passed, the body corporate must, at the time the notice is given under subsection (2) , give each of the following entities a notice in the approved form advising that the motion is passed—\nthe registrar;\nthe local government in whose local government area the scheme land is located;\nif any scheme land is in a priority development area—MEDQ;\nif known—the proposed new owner of the scheme.\nThe approved form must provide for the body corporate to include—\na description of the obligations of each lot owner under the termination plan; and\ndetails about how a lot owner may challenge the termination resolution.\ns 81L ins 2023 No. 29 s 7\n(sec.81L-ssec.1) This section applies if a motion for a termination resolution is considered by a body corporate for a community titles scheme.\n(sec.81L-ssec.2) The body corporate must, within 2 weeks after the motion is decided, give each of the following entities a notice in the approved form advising the entity whether the motion is passed— each owner and registered mortgagee of a lot included in the scheme; each person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; the caretaking service contractor for the scheme; the letting agent for the scheme.\n(sec.81L-ssec.3) Also, if the motion is passed, the body corporate must, at the time the notice is given under subsection (2) , give each of the following entities a notice in the approved form advising that the motion is passed— the registrar; the local government in whose local government area the scheme land is located; if any scheme land is in a priority development area—MEDQ; if known—the proposed new owner of the scheme.\n(sec.81L-ssec.4) The approved form must provide for the body corporate to include— a description of the obligations of each lot owner under the termination plan; and details about how a lot owner may challenge the termination resolution.\n- (a) each owner and registered mortgagee of a lot included in the scheme;\n- (b) each person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more;\n- (c) the caretaking service contractor for the scheme;\n- (d) the letting agent for the scheme.\n- (a) the registrar;\n- (b) the local government in whose local government area the scheme land is located;\n- (c) if any scheme land is in a priority development area—MEDQ;\n- (d) if known—the proposed new owner of the scheme.\n- (a) a description of the obligations of each lot owner under the termination plan; and\n- (b) details about how a lot owner may challenge the termination resolution.","sortOrder":126},{"sectionNumber":"sec.81M","sectionType":"section","heading":"Appointment of facilitator","content":"### sec.81M Appointment of facilitator\n\nThis section applies if a body corporate for a community titles scheme passes a termination resolution.\nThe body corporate must appoint a person (the facilitator ) to assist the body corporate to implement the termination plan.\nThe facilitator is appointed subject to the terms and conditions decided by the body corporate and included in the instrument of appointment.\nWithout limiting subsection (3) , the instrument of appointment may authorise the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee.\nHowever, if the body corporate will require the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee, the body corporate may appoint a person to be a facilitator only by ordinary resolution.\nAlso, the body corporate must not appoint a person as the facilitator if the body corporate knows, or reasonably suspects, the person has a conflict of interest in performing the duties of the office.\nIf a person who is appointed as the facilitator has an interest that conflicts, or may conflict, with performing the duties of the office, the person—\nmust disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the body corporate.\nAnything done by the facilitator under the instrument of appointment is taken to have been done by the body corporate, committee or member.\ns 81M ins 2023 No. 29 s 7\n(sec.81M-ssec.1) This section applies if a body corporate for a community titles scheme passes a termination resolution.\n(sec.81M-ssec.2) The body corporate must appoint a person (the facilitator ) to assist the body corporate to implement the termination plan.\n(sec.81M-ssec.3) The facilitator is appointed subject to the terms and conditions decided by the body corporate and included in the instrument of appointment.\n(sec.81M-ssec.4) Without limiting subsection (3) , the instrument of appointment may authorise the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee.\n(sec.81M-ssec.5) However, if the body corporate will require the facilitator to perform a function of the body corporate, the committee for the body corporate or a member of the committee, the body corporate may appoint a person to be a facilitator only by ordinary resolution.\n(sec.81M-ssec.6) Also, the body corporate must not appoint a person as the facilitator if the body corporate knows, or reasonably suspects, the person has a conflict of interest in performing the duties of the office.\n(sec.81M-ssec.7) If a person who is appointed as the facilitator has an interest that conflicts, or may conflict, with performing the duties of the office, the person— must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the body corporate.\n(sec.81M-ssec.8) Anything done by the facilitator under the instrument of appointment is taken to have been done by the body corporate, committee or member.\n- (a) must disclose the nature of the interest and conflict to the body corporate as soon as practicable after the relevant facts come to the person’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the body corporate.","sortOrder":127},{"sectionNumber":"sec.81N","sectionType":"section","heading":"Applications to court about termination plan","content":"### sec.81N Applications to court about termination plan\n\nEach of the following persons may apply to the court for an order under this subdivision to be made in relation to a termination plan—\nthe body corporate for a community titles scheme the subject of the termination plan;\neach owner of a lot included in the scheme;\na person appointed as the facilitator;\neach person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more;\nthe caretaking service contractor for the scheme;\nthe letting agent for the scheme.\nThe application to the court must be made within—\n90 days after the day the body corporate gives a person notice under section 81L ; or\nanother period allowed by the court.\nThe body corporate may only apply to the court for an order that the termination plan—\nif a termination resolution was considered but not passed—be implemented; or\nbe varied in accordance with the application.\nThe owner of a lot included in the scheme may only apply to the court for an order—\nif a termination resolution was considered but not passed—that the termination plan be implemented; or\nif a termination resolution was passed—\nthat the resolution should not have been passed; or\nthat the termination plan not be implemented; or\nthat the termination plan be varied in accordance with the application.\nA person mentioned in subsection (1) (d) to (f) may only apply to the court for an order that the termination plan be varied in accordance with the application.\nA facilitator may apply to the court for an order —\nto terminate a lease of a lot or other scheme land, on a day not earlier than the day of settlement for the contract for the sale of the community titles scheme; or\nto require an occupier or a lessee of a lot or other scheme land to vacate the lot or scheme land on the day stated in the application; or\nto require that each lot in the scheme be sold under the termination plan.\ns 81N ins 2023 No. 29 s 7\namd 2024 No. 27 s 91\n(sec.81N-ssec.1) Each of the following persons may apply to the court for an order under this subdivision to be made in relation to a termination plan— the body corporate for a community titles scheme the subject of the termination plan; each owner of a lot included in the scheme; a person appointed as the facilitator; each person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more; the caretaking service contractor for the scheme; the letting agent for the scheme.\n(sec.81N-ssec.2) The application to the court must be made within— 90 days after the day the body corporate gives a person notice under section 81L ; or another period allowed by the court.\n(sec.81N-ssec.3) The body corporate may only apply to the court for an order that the termination plan— if a termination resolution was considered but not passed—be implemented; or be varied in accordance with the application.\n(sec.81N-ssec.4) The owner of a lot included in the scheme may only apply to the court for an order— if a termination resolution was considered but not passed—that the termination plan be implemented; or if a termination resolution was passed— that the resolution should not have been passed; or that the termination plan not be implemented; or that the termination plan be varied in accordance with the application.\n(sec.81N-ssec.5) A person mentioned in subsection (1) (d) to (f) may only apply to the court for an order that the termination plan be varied in accordance with the application.\n(sec.81N-ssec.6) A facilitator may apply to the court for an order — to terminate a lease of a lot or other scheme land, on a day not earlier than the day of settlement for the contract for the sale of the community titles scheme; or to require an occupier or a lessee of a lot or other scheme land to vacate the lot or scheme land on the day stated in the application; or to require that each lot in the scheme be sold under the termination plan.\n- (a) the body corporate for a community titles scheme the subject of the termination plan;\n- (b) each owner of a lot included in the scheme;\n- (c) a person appointed as the facilitator;\n- (d) each person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more;\n- (e) the caretaking service contractor for the scheme;\n- (f) the letting agent for the scheme.\n- (a) 90 days after the day the body corporate gives a person notice under section 81L ; or\n- (b) another period allowed by the court.\n- (a) if a termination resolution was considered but not passed—be implemented; or\n- (b) be varied in accordance with the application.\n- (a) if a termination resolution was considered but not passed—that the termination plan be implemented; or\n- (b) if a termination resolution was passed— (i) that the resolution should not have been passed; or (ii) that the termination plan not be implemented; or (iii) that the termination plan be varied in accordance with the application.\n- (i) that the resolution should not have been passed; or\n- (ii) that the termination plan not be implemented; or\n- (iii) that the termination plan be varied in accordance with the application.\n- (i) that the resolution should not have been passed; or\n- (ii) that the termination plan not be implemented; or\n- (iii) that the termination plan be varied in accordance with the application.\n- (a) to terminate a lease of a lot or other scheme land, on a day not earlier than the day of settlement for the contract for the sale of the community titles scheme; or\n- (b) to require an occupier or a lessee of a lot or other scheme land to vacate the lot or scheme land on the day stated in the application; or\n- (c) to require that each lot in the scheme be sold under the termination plan.","sortOrder":128},{"sectionNumber":"sec.81O","sectionType":"section","heading":"Effect of applications to court","content":"### sec.81O Effect of applications to court\n\nIf an application is made to the court under this subdivision for an order to be made in relation to a termination plan, the body corporate that passed the resolution must not take any action to implement the termination plan.\ns 81O ins 2023 No. 29 s 7","sortOrder":129},{"sectionNumber":"sec.81P","sectionType":"section","heading":"Consolidation of court proceedings","content":"### sec.81P Consolidation of court proceedings\n\nThis section applies if more than 1 application for a court order is made under this subdivision for an order to be made in relation to a termination plan.\nThe court may order the applications to be consolidated into 1 proceeding and heard together.\ns 81P ins 2023 No. 29 s 7\n(sec.81P-ssec.1) This section applies if more than 1 application for a court order is made under this subdivision for an order to be made in relation to a termination plan.\n(sec.81P-ssec.2) The court may order the applications to be consolidated into 1 proceeding and heard together.","sortOrder":130},{"sectionNumber":"sec.81Q","sectionType":"section","heading":"Court proceedings and costs","content":"### sec.81Q Court proceedings and costs\n\nIf an application is made under section 81N (4) (a) the applicant has the onus of proving that it is just and equitable to implement the termination plan.\nHowever, if an application is made other than under section 81N (4) (a) , the body corporate—\nmust pay the reasonable costs incurred in the proceeding; and\nhas the onus of proving that it is just and equitable to implement the termination plan.\ns 81Q ins 2023 No. 29 s 7\n(sec.81Q-ssec.1) If an application is made under section 81N (4) (a) the applicant has the onus of proving that it is just and equitable to implement the termination plan.\n(sec.81Q-ssec.2) However, if an application is made other than under section 81N (4) (a) , the body corporate— must pay the reasonable costs incurred in the proceeding; and has the onus of proving that it is just and equitable to implement the termination plan.\n- (a) must pay the reasonable costs incurred in the proceeding; and\n- (b) has the onus of proving that it is just and equitable to implement the termination plan.","sortOrder":131},{"sectionNumber":"sec.81R","sectionType":"section","heading":"Court orders","content":"### sec.81R Court orders\n\nIn a proceeding on an application under this subdivision, the court may make any order that the court considers is just and equitable.\nWithout limiting what orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order—\nthe appointment of a trustee; or\nthe removal of a trustee.\nAlso, without limiting what the court may consider in making an order, in deciding whether to make an order the court must consider the following matters—\nwhether the pre-termination report prepared by the body corporate evidences the existence of economic reasons for the termination of the scheme;\nthe percentage of lot owners voting in favour of implementing the termination plan;\nthe aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole;\nthe economic and social effects of the termination of the scheme on each lot owner;\nthe economic and social effects of the termination on—\na person who has a leasehold interest in a lot or other scheme land; and\nthe caretaking service contractor for the scheme; and\nany other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\nthe terms of the termination plan;\nif not included in the termination plan—the termination issues for the scheme;\na matter the court is required to consider that is prescribed under the regulation module that applies to the scheme;\nany other matter the court considers relevant.\nAlso, if the court considers it is necessary, the court may order the appointment of an appropriately qualified person to assist the body corporate to implement the termination plan in the way decided by the court.\ns 81R ins 2023 No. 29 s 7\namd 2024 No. 27 s 92\n(sec.81R-ssec.1) In a proceeding on an application under this subdivision, the court may make any order that the court considers is just and equitable.\n(sec.81R-ssec.2) Without limiting what orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee.\n(sec.81R-ssec.3) Also, without limiting what the court may consider in making an order, in deciding whether to make an order the court must consider the following matters— whether the pre-termination report prepared by the body corporate evidences the existence of economic reasons for the termination of the scheme; the percentage of lot owners voting in favour of implementing the termination plan; the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole; the economic and social effects of the termination of the scheme on each lot owner; the economic and social effects of the termination on— a person who has a leasehold interest in a lot or other scheme land; and the caretaking service contractor for the scheme; and any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme; the terms of the termination plan; if not included in the termination plan—the termination issues for the scheme; a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme; any other matter the court considers relevant.\n(sec.81R-ssec.4) Also, if the court considers it is necessary, the court may order the appointment of an appropriately qualified person to assist the body corporate to implement the termination plan in the way decided by the court.\n- (a) the appointment of a trustee; or\n- (b) the removal of a trustee.\n- (a) whether the pre-termination report prepared by the body corporate evidences the existence of economic reasons for the termination of the scheme;\n- (b) the percentage of lot owners voting in favour of implementing the termination plan;\n- (c) the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole;\n- (d) the economic and social effects of the termination of the scheme on each lot owner;\n- (e) the economic and social effects of the termination on— (i) a person who has a leasehold interest in a lot or other scheme land; and (ii) the caretaking service contractor for the scheme; and (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\n- (i) a person who has a leasehold interest in a lot or other scheme land; and\n- (ii) the caretaking service contractor for the scheme; and\n- (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;\n- (f) the terms of the termination plan;\n- (g) if not included in the termination plan—the termination issues for the scheme;\n- (h) a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme;\n- (i) any other matter the court considers relevant.\n- (i) a person who has a leasehold interest in a lot or other scheme land; and\n- (ii) the caretaking service contractor for the scheme; and\n- (iii) any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme;","sortOrder":132},{"sectionNumber":"ch.2-pt.9-div.5","sectionType":"division","heading":"Effect of termination of community titles schemes","content":"## Effect of termination of community titles schemes","sortOrder":133},{"sectionNumber":"sec.81S","sectionType":"section","heading":"Dissolution of body corporate","content":"### sec.81S Dissolution of body corporate\n\nIf a community titles scheme is terminated under this part, the body corporate for the scheme is dissolved.\nOn dissolution of the body corporate—\nthe owners of the lots immediately before the scheme was terminated (the former owners ) become entitled to the body corporate assets in shares proportionate to the respective interest schedule lot entitlements of their lots immediately before the termination; and\nthe liabilities of the body corporate are vested jointly and severally in the former owners, but they are entitled to contribution against one another in proportion to their respective interest schedule lot entitlements immediately before the termination.\nBody corporate assets (including freehold land and other body corporate assets registered or otherwise held in the name of the dissolved body corporate) may be dealt with by the former owners as if the assets were registered or otherwise held in the names of the former owners.\nSubsections (2) and (3) have effect subject to—\nif the scheme is terminated under section 78 —the resolution to terminate the scheme, and any agreement entered into about termination issues; or\nif the scheme is terminated under section 79 —the order to terminate the scheme; or\nif the scheme is terminated under division 4 —the termination plan.\nOn the application of a person, the court may make orders for the custody, management and distribution of body corporate assets.\ns 81S ins 2023 No. 29 s 7\n(sec.81S-ssec.1) If a community titles scheme is terminated under this part, the body corporate for the scheme is dissolved.\n(sec.81S-ssec.2) On dissolution of the body corporate— the owners of the lots immediately before the scheme was terminated (the former owners ) become entitled to the body corporate assets in shares proportionate to the respective interest schedule lot entitlements of their lots immediately before the termination; and the liabilities of the body corporate are vested jointly and severally in the former owners, but they are entitled to contribution against one another in proportion to their respective interest schedule lot entitlements immediately before the termination.\n(sec.81S-ssec.3) Body corporate assets (including freehold land and other body corporate assets registered or otherwise held in the name of the dissolved body corporate) may be dealt with by the former owners as if the assets were registered or otherwise held in the names of the former owners.\n(sec.81S-ssec.4) Subsections (2) and (3) have effect subject to— if the scheme is terminated under section 78 —the resolution to terminate the scheme, and any agreement entered into about termination issues; or if the scheme is terminated under section 79 —the order to terminate the scheme; or if the scheme is terminated under division 4 —the termination plan.\n(sec.81S-ssec.5) On the application of a person, the court may make orders for the custody, management and distribution of body corporate assets.\n- (a) the owners of the lots immediately before the scheme was terminated (the former owners ) become entitled to the body corporate assets in shares proportionate to the respective interest schedule lot entitlements of their lots immediately before the termination; and\n- (b) the liabilities of the body corporate are vested jointly and severally in the former owners, but they are entitled to contribution against one another in proportion to their respective interest schedule lot entitlements immediately before the termination.\n- (a) if the scheme is terminated under section 78 —the resolution to terminate the scheme, and any agreement entered into about termination issues; or\n- (b) if the scheme is terminated under section 79 —the order to terminate the scheme; or\n- (c) if the scheme is terminated under division 4 —the termination plan.","sortOrder":134},{"sectionNumber":"sec.81T","sectionType":"section","heading":"Termination effected under Land Title Act","content":"### sec.81T Termination effected under Land Title Act\n\nThe termination of a community titles scheme takes effect, and must be recorded, under the Land Title Act , section 115V .\ns 81T ins 2023 No. 29 s 7","sortOrder":135},{"sectionNumber":"sec.81U","sectionType":"section","heading":"Termination and accrued charge, levy, rate or tax","content":"### sec.81U Termination and accrued charge, levy, rate or tax\n\nThe termination of a community titles scheme under this part does not affect a liability for a charge, levy, rate or tax that had accrued on a lot included in the scheme before the scheme was terminated.\nFor the recovery of a charge, levy, rate or tax imposed under the following, the charge, levy, rate or tax is taken to have been levied on the former owner’s interest in the lot—\nthe Economic Development Act 2012 ;\nthe Land Tax Act 2010 ;\nthe Local Government Act 2009 ;\nif the community titles scheme is located within the local government area of the Brisbane City Council—the City of Brisbane Act 2010 ;\nthe repealed Land Tax Act 1915 .\nIn this section—\nformer owner , of a lot, means the person who, immediately before the scheme was terminated, was the owner of the lot.\nlocal government area , of the Brisbane City Council, see the City of Brisbane Act 2010 , section 7 .\ns 81U ins 2023 No. 29 s 7\n(sec.81U-ssec.1) The termination of a community titles scheme under this part does not affect a liability for a charge, levy, rate or tax that had accrued on a lot included in the scheme before the scheme was terminated.\n(sec.81U-ssec.2) For the recovery of a charge, levy, rate or tax imposed under the following, the charge, levy, rate or tax is taken to have been levied on the former owner’s interest in the lot— the Economic Development Act 2012 ; the Land Tax Act 2010 ; the Local Government Act 2009 ; if the community titles scheme is located within the local government area of the Brisbane City Council—the City of Brisbane Act 2010 ; the repealed Land Tax Act 1915 .\n(sec.81U-ssec.3) In this section— former owner , of a lot, means the person who, immediately before the scheme was terminated, was the owner of the lot. local government area , of the Brisbane City Council, see the City of Brisbane Act 2010 , section 7 .\n- (a) the Economic Development Act 2012 ;\n- (b) the Land Tax Act 2010 ;\n- (c) the Local Government Act 2009 ;\n- (d) if the community titles scheme is located within the local government area of the Brisbane City Council—the City of Brisbane Act 2010 ;\n- (e) the repealed Land Tax Act 1915 .","sortOrder":136},{"sectionNumber":"sec.81V","sectionType":"section","heading":"Termination of particular leases","content":"### sec.81V Termination of particular leases\n\nThis section applies if—\nunder a termination plan for a community titles scheme, a facilitator gives a lessee of a lot or other scheme land a notice as required under the arrangements mentioned in section 81B (1) (g) ; and\nthe lease is any of the following that is in effect immediately before the day of settlement of the contract for the sale of the scheme—\na residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\na lease under the Retail Shop Leases Act 1994 .\nThe lease terminates on the day of settlement for the contract for the sale of the community titles scheme.\ns 81V ins 2023 No. 29 s 7\nsub 2024 No. 27 s 93\n(sec.81V-ssec.1) This section applies if— under a termination plan for a community titles scheme, a facilitator gives a lessee of a lot or other scheme land a notice as required under the arrangements mentioned in section 81B (1) (g) ; and the lease is any of the following that is in effect immediately before the day of settlement of the contract for the sale of the scheme— a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; a lease under the Retail Shop Leases Act 1994 .\n(sec.81V-ssec.2) The lease terminates on the day of settlement for the contract for the sale of the community titles scheme.\n- (a) under a termination plan for a community titles scheme, a facilitator gives a lessee of a lot or other scheme land a notice as required under the arrangements mentioned in section 81B (1) (g) ; and\n- (b) the lease is any of the following that is in effect immediately before the day of settlement of the contract for the sale of the scheme— (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; (ii) a lease under the Retail Shop Leases Act 1994 .\n- (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (ii) a lease under the Retail Shop Leases Act 1994 .\n- (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (ii) a lease under the Retail Shop Leases Act 1994 .","sortOrder":137},{"sectionNumber":"ch.2-pt.10","sectionType":"part","heading":"Amalgamation of community titles schemes","content":"# Amalgamation of community titles schemes","sortOrder":138},{"sectionNumber":"ch.2-pt.10-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":139},{"sectionNumber":"sec.82","sectionType":"section","heading":"General principles of amalgamation","content":"### sec.82 General principles of amalgamation\n\nTwo or more community titles schemes may be amalgamated under this part.\nWhen the schemes are amalgamated—\nthe schemes end their existence as separate community titles schemes; and\nthe lots and common property for each of the schemes become the lots and common property included in a single, newly established, community titles scheme.\nCommunity titles schemes must not be amalgamated if the newly established community titles scheme would not conform with the requirements of this Act for a community titles scheme.\n(sec.82-ssec.1) Two or more community titles schemes may be amalgamated under this part.\n(sec.82-ssec.2) When the schemes are amalgamated— the schemes end their existence as separate community titles schemes; and the lots and common property for each of the schemes become the lots and common property included in a single, newly established, community titles scheme.\n(sec.82-ssec.3) Community titles schemes must not be amalgamated if the newly established community titles scheme would not conform with the requirements of this Act for a community titles scheme.\n- (a) the schemes end their existence as separate community titles schemes; and\n- (b) the lots and common property for each of the schemes become the lots and common property included in a single, newly established, community titles scheme.","sortOrder":140},{"sectionNumber":"sec.83","sectionType":"section","heading":"Community titles schemes that may be amalgamated","content":"### sec.83 Community titles schemes that may be amalgamated\n\nSubsections (2) and (3) describe the only amalgamations of community titles schemes that are available under this part.\nTwo or more community titles schemes may be amalgamated if none of the schemes is a subsidiary scheme.\nTwo or more subsidiary schemes may be amalgamated if all the schemes are lots included in the one community titles scheme ( scheme A ), but not if they are the only lots included in scheme A.\n(sec.83-ssec.1) Subsections (2) and (3) describe the only amalgamations of community titles schemes that are available under this part.\n(sec.83-ssec.2) Two or more community titles schemes may be amalgamated if none of the schemes is a subsidiary scheme.\n(sec.83-ssec.3) Two or more subsidiary schemes may be amalgamated if all the schemes are lots included in the one community titles scheme ( scheme A ), but not if they are the only lots included in scheme A.","sortOrder":141},{"sectionNumber":"ch.2-pt.10-div.2","sectionType":"division","heading":"Amalgamation process","content":"## Amalgamation process","sortOrder":142},{"sectionNumber":"sec.84","sectionType":"section","heading":"Purpose of div 2","content":"### sec.84 Purpose of div 2\n\nThis division describes the requirements, and the process that must be followed, for the amalgamation of community titles schemes.\nThe approach adopted in this division for the description of the process of amalgamation is to describe the process in terms of the amalgamation of 2 community titles schemes ( scheme A and scheme B ), but the process described applies equally to the amalgamation of more than 2 community titles schemes.\nIn this division—\nscheme C means the single, newly established, community titles scheme formed, or to be formed, from the amalgamation of schemes A and B.\ns 84 prev s 84 om 2003 No. 6 s 32\npres s 84 amd 2003 No. 6 s 3 sch\n(sec.84-ssec.1) This division describes the requirements, and the process that must be followed, for the amalgamation of community titles schemes.\n(sec.84-ssec.2) The approach adopted in this division for the description of the process of amalgamation is to describe the process in terms of the amalgamation of 2 community titles schemes ( scheme A and scheme B ), but the process described applies equally to the amalgamation of more than 2 community titles schemes.\n(sec.84-ssec.3) In this division— scheme C means the single, newly established, community titles scheme formed, or to be formed, from the amalgamation of schemes A and B.","sortOrder":143},{"sectionNumber":"sec.85","sectionType":"section","heading":"Approval for amalgamations","content":"### sec.85 Approval for amalgamations\n\nScheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to—\nthe amalgamation; and\nthe community management statement to be recorded for scheme C.\nIf scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution.\nAlternatively, scheme A and scheme B may be amalgamated if the District Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes, and makes an order for amalgamating them.\nIf schemes A and B are, or are to be, amalgamated under subsection (1) or (3) , the District Court may make an order, if it considers it is just and equitable to make the order, about—\nthe contents of the community management statement for scheme C; or\nthe disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.\nThe court may make an order under subsection (4) on application by the body corporate for scheme A or B.\ns 85 amd 1999 No. 19 s 3 sch\n(sec.85-ssec.1) Scheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to— the amalgamation; and the community management statement to be recorded for scheme C.\n(sec.85-ssec.2) If scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution.\n(sec.85-ssec.3) Alternatively, scheme A and scheme B may be amalgamated if the District Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes, and makes an order for amalgamating them.\n(sec.85-ssec.4) If schemes A and B are, or are to be, amalgamated under subsection (1) or (3) , the District Court may make an order, if it considers it is just and equitable to make the order, about— the contents of the community management statement for scheme C; or the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.\n(sec.85-ssec.5) The court may make an order under subsection (4) on application by the body corporate for scheme A or B.\n- (a) the amalgamation; and\n- (b) the community management statement to be recorded for scheme C.\n- (a) the contents of the community management statement for scheme C; or\n- (b) the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.","sortOrder":144},{"sectionNumber":"sec.86","sectionType":"section","heading":"Effecting amalgamation of community titles schemes","content":"### sec.86 Effecting amalgamation of community titles schemes\n\nThe amalgamation of schemes A and B must be recorded under the Land Title Act , sections 115W and 115X .\nThe amalgamation takes effect under that Act, section 115X .\ns 86 sub 2003 No. 6 s 32\n(sec.86-ssec.1) The amalgamation of schemes A and B must be recorded under the Land Title Act , sections 115W and 115X .\n(sec.86-ssec.2) The amalgamation takes effect under that Act, section 115X .","sortOrder":145},{"sectionNumber":"sec.87","sectionType":"section","heading":"Dissolution of bodies corporate on amalgamation","content":"### sec.87 Dissolution of bodies corporate on amalgamation\n\nWhen schemes A and B are amalgamated, the bodies corporate for schemes A and B are dissolved.\nOn dissolution of the bodies corporate for schemes A and B, the rights and liabilities of the body corporate for schemes A and B are vested in the body corporate for scheme C.\nBody corporate assets for schemes A and B (including freehold land and other body corporate assets registered or otherwise held in the name of a dissolved body corporate) are vested in the body corporate for scheme C, and may be dealt with by the body corporate as if they were registered or otherwise held in its name.\nIf the amalgamation is authorised under a court order, subsections (2) and (3) have effect subject to the order.\n(sec.87-ssec.1) When schemes A and B are amalgamated, the bodies corporate for schemes A and B are dissolved.\n(sec.87-ssec.2) On dissolution of the bodies corporate for schemes A and B, the rights and liabilities of the body corporate for schemes A and B are vested in the body corporate for scheme C.\n(sec.87-ssec.3) Body corporate assets for schemes A and B (including freehold land and other body corporate assets registered or otherwise held in the name of a dissolved body corporate) are vested in the body corporate for scheme C, and may be dealt with by the body corporate as if they were registered or otherwise held in its name.\n(sec.87-ssec.4) If the amalgamation is authorised under a court order, subsections (2) and (3) have effect subject to the order.","sortOrder":146},{"sectionNumber":"sec.88","sectionType":"section","heading":"Effects of amalgamation of community titles schemes","content":"### sec.88 Effects of amalgamation of community titles schemes\n\nWhen schemes A and B are amalgamated—\na liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and\nanything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following—\nan application under the dispute resolution provisions;\nan order of an adjudicator or court relating to a lot or common property;\nliabilities and obligations attaching to the owner of each lot.\nIf, immediately before their amalgamation, schemes A and B were lots included in another community titles scheme, scheme C becomes, on the amalgamation of schemes A and B, a lot included in the other scheme.\ns 88 amd 2003 No. 6 s 3 sch\n(sec.88-ssec.1) When schemes A and B are amalgamated— a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and anything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following— an application under the dispute resolution provisions; an order of an adjudicator or court relating to a lot or common property; liabilities and obligations attaching to the owner of each lot.\n(sec.88-ssec.2) If, immediately before their amalgamation, schemes A and B were lots included in another community titles scheme, scheme C becomes, on the amalgamation of schemes A and B, a lot included in the other scheme.\n- (a) a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and\n- (b) anything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following— (i) an application under the dispute resolution provisions; (ii) an order of an adjudicator or court relating to a lot or common property; (iii) liabilities and obligations attaching to the owner of each lot.\n- (i) an application under the dispute resolution provisions;\n- (ii) an order of an adjudicator or court relating to a lot or common property;\n- (iii) liabilities and obligations attaching to the owner of each lot.\n- (i) an application under the dispute resolution provisions;\n- (ii) an order of an adjudicator or court relating to a lot or common property;\n- (iii) liabilities and obligations attaching to the owner of each lot.","sortOrder":147},{"sectionNumber":"ch.2-pt.11","sectionType":"part","heading":"Creation of a layered arrangement from existing basic schemes","content":"# Creation of a layered arrangement from existing basic schemes","sortOrder":148},{"sectionNumber":"ch.2-pt.11-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":149},{"sectionNumber":"sec.89","sectionType":"section","heading":"General principles of creation of layered arrangement from basic schemes","content":"### sec.89 General principles of creation of layered arrangement from basic schemes\n\nTwo or more basic schemes may become a layered arrangement of community titles schemes (a layered arrangement ) under this part.\nThe basic schemes may become a layered arrangement if the scheme land for the layered arrangement conforms with the Land Title Act , section 115H .\ns 89 ins 2003 No. 6 s 33\n(sec.89-ssec.1) Two or more basic schemes may become a layered arrangement of community titles schemes (a layered arrangement ) under this part.\n(sec.89-ssec.2) The basic schemes may become a layered arrangement if the scheme land for the layered arrangement conforms with the Land Title Act , section 115H .","sortOrder":150},{"sectionNumber":"sec.90","sectionType":"section","heading":"Schemes that may become a layered arrangement","content":"### sec.90 Schemes that may become a layered arrangement\n\nOnly basic schemes that are not subsidiary schemes may become a layered arrangement under this part.\ns 90 ins 2003 No. 6 s 33","sortOrder":151},{"sectionNumber":"ch.2-pt.11-div.2","sectionType":"division","heading":"Process for creating layered arrangement","content":"## Process for creating layered arrangement","sortOrder":152},{"sectionNumber":"sec.91","sectionType":"section","heading":"Agreement or court order for creation of layered arrangement","content":"### sec.91 Agreement or court order for creation of layered arrangement\n\nTwo or more basic schemes ( scheme A and scheme B ) may become a layered arrangement if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent—\nto become a layered arrangement ( scheme C ); and\nto the community management statement being recorded for scheme C; and\nif the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created—to new community management statements being recorded for schemes A and B.\nAlternatively, schemes A and B may become a layered arrangement if the District Court, on the application of the owner of a lot included in scheme A or scheme B or the body corporate for scheme A or scheme B, decides it is just and equitable for the schemes to become a layered arrangement (also scheme C ), and makes an appropriate order.\nIf schemes A and B are to become a layered arrangement under subsection (1) or (2) , the District Court may make an order, if it considers it is just and equitable to make the order, about—\nthe contents of the community management statements for each of schemes A, B and C; or\nthe disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B.\nThe court may make an order under subsection (3) on application by the body corporate for scheme A or B.\ns 91 ins 2003 No. 6 s 33\n(sec.91-ssec.1) Two or more basic schemes ( scheme A and scheme B ) may become a layered arrangement if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent— to become a layered arrangement ( scheme C ); and to the community management statement being recorded for scheme C; and if the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created—to new community management statements being recorded for schemes A and B.\n(sec.91-ssec.2) Alternatively, schemes A and B may become a layered arrangement if the District Court, on the application of the owner of a lot included in scheme A or scheme B or the body corporate for scheme A or scheme B, decides it is just and equitable for the schemes to become a layered arrangement (also scheme C ), and makes an appropriate order.\n(sec.91-ssec.3) If schemes A and B are to become a layered arrangement under subsection (1) or (2) , the District Court may make an order, if it considers it is just and equitable to make the order, about— the contents of the community management statements for each of schemes A, B and C; or the disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B.\n(sec.91-ssec.4) The court may make an order under subsection (3) on application by the body corporate for scheme A or B.\n- (a) to become a layered arrangement ( scheme C ); and\n- (b) to the community management statement being recorded for scheme C; and\n- (c) if the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created—to new community management statements being recorded for schemes A and B.\n- (a) the contents of the community management statements for each of schemes A, B and C; or\n- (b) the disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B.","sortOrder":153},{"sectionNumber":"sec.92","sectionType":"section","heading":"Effecting creation of layered arrangement","content":"### sec.92 Effecting creation of layered arrangement\n\nThe creation of the layered arrangement must be recorded under the Land Title Act , sections 115Y and 115Z .\nA request to record the creation of the layered arrangement may be lodged by or for—\nthe bodies corporate for schemes A and B; or\na person on whose application the court made an order under section 91 (2) .\nThe creation of the layered arrangement takes effect under the Land Title Act , section 115Z .\ns 92 ins 2003 No. 6 s 33\n(sec.92-ssec.1) The creation of the layered arrangement must be recorded under the Land Title Act , sections 115Y and 115Z .\n(sec.92-ssec.2) A request to record the creation of the layered arrangement may be lodged by or for— the bodies corporate for schemes A and B; or a person on whose application the court made an order under section 91 (2) .\n(sec.92-ssec.3) The creation of the layered arrangement takes effect under the Land Title Act , section 115Z . s 92 ins 2003 No. 6 s 33\n- (a) the bodies corporate for schemes A and B; or\n- (b) a person on whose application the court made an order under section 91 (2) .","sortOrder":154},{"sectionNumber":"sec.93","sectionType":"section","heading":"Effect of creation of layered arrangement","content":"### sec.93 Effect of creation of layered arrangement\n\nWhen schemes A and B become a layered arrangement—\na liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B, or on the body corporate for scheme A or B, before the layered arrangement was created is not affected; and\nanything done in relation to scheme A or B before the layered arrangement was created continues in effect to the extent there is no inconsistency with the community management statements recorded for schemes A, B and C, including, for example, the following—\nan application under the dispute resolution provisions;\nan order of an adjudicator or court about a lot or common property;\nliabilities and obligations attaching to the owners of lots included in schemes A or B.\ns 93 ins 2003 No. 6 s 33\n- (a) a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B, or on the body corporate for scheme A or B, before the layered arrangement was created is not affected; and\n- (b) anything done in relation to scheme A or B before the layered arrangement was created continues in effect to the extent there is no inconsistency with the community management statements recorded for schemes A, B and C, including, for example, the following— (i) an application under the dispute resolution provisions; (ii) an order of an adjudicator or court about a lot or common property; (iii) liabilities and obligations attaching to the owners of lots included in schemes A or B.\n- (i) an application under the dispute resolution provisions;\n- (ii) an order of an adjudicator or court about a lot or common property;\n- (iii) liabilities and obligations attaching to the owners of lots included in schemes A or B.\n- (i) an application under the dispute resolution provisions;\n- (ii) an order of an adjudicator or court about a lot or common property;\n- (iii) liabilities and obligations attaching to the owners of lots included in schemes A or B.","sortOrder":155},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Management structures and arrangements","content":"# Management structures and arrangements","sortOrder":156},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Body corporate’s general functions and powers","content":"## Body corporate’s general functions and powers","sortOrder":157},{"sectionNumber":"sec.94","sectionType":"section","heading":"Body corporate’s general functions","content":"### sec.94 Body corporate’s general functions\n\nThe body corporate for a community titles scheme must—\nadminister the common property and body corporate assets for the benefit of the owners of the lots included in the scheme; and\nenforce the community management statement (including enforcing any by-laws for the scheme in the way provided under this Act); and\ncarry out the other functions given to the body corporate under this Act and the community management statement.\nThe body corporate must act reasonably in anything it does under subsection (1) including making, or not making, a decision for the subsection.\npassing a motion by resolution at a general meeting or a committee meeting\nnot passing a motion after a vote at a general meeting or a committee meeting\nowners of lots included in a specified two-lot scheme entering into a lot owner agreement for the scheme (see section 111E (2) )\nowners of lots included in a specified two-lot scheme failing to enter into a lot owner agreement following a request made by one of the owners (see section 111H (3) )\ns 94 amd 2003 No. 6 s 34 ; 2007 No. 11 s 8 ; 2011 No. 9 s 16\n(sec.94-ssec.1) The body corporate for a community titles scheme must— administer the common property and body corporate assets for the benefit of the owners of the lots included in the scheme; and enforce the community management statement (including enforcing any by-laws for the scheme in the way provided under this Act); and carry out the other functions given to the body corporate under this Act and the community management statement.\n(sec.94-ssec.2) The body corporate must act reasonably in anything it does under subsection (1) including making, or not making, a decision for the subsection. passing a motion by resolution at a general meeting or a committee meeting not passing a motion after a vote at a general meeting or a committee meeting owners of lots included in a specified two-lot scheme entering into a lot owner agreement for the scheme (see section 111E (2) ) owners of lots included in a specified two-lot scheme failing to enter into a lot owner agreement following a request made by one of the owners (see section 111H (3) )\n- (a) administer the common property and body corporate assets for the benefit of the owners of the lots included in the scheme; and\n- (b) enforce the community management statement (including enforcing any by-laws for the scheme in the way provided under this Act); and\n- (c) carry out the other functions given to the body corporate under this Act and the community management statement.\n- • passing a motion by resolution at a general meeting or a committee meeting\n- • not passing a motion after a vote at a general meeting or a committee meeting\n- • owners of lots included in a specified two-lot scheme entering into a lot owner agreement for the scheme (see section 111E (2) )\n- • owners of lots included in a specified two-lot scheme failing to enter into a lot owner agreement following a request made by one of the owners (see section 111H (3) )","sortOrder":158},{"sectionNumber":"sec.95","sectionType":"section","heading":"Body corporate’s general powers","content":"### sec.95 Body corporate’s general powers\n\nThe body corporate for a community titles scheme has all the powers necessary for carrying out its functions and may, for example—\nenter into contracts; and\nacquire, hold, deal with, and dispose of property; and\nemploy staff.\nWithout limiting subsection (1) , the body corporate has the other powers given to it under this Act or another Act.\n(sec.95-ssec.1) The body corporate for a community titles scheme has all the powers necessary for carrying out its functions and may, for example— enter into contracts; and acquire, hold, deal with, and dispose of property; and employ staff.\n(sec.95-ssec.2) Without limiting subsection (1) , the body corporate has the other powers given to it under this Act or another Act.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with, and dispose of property; and\n- (c) employ staff.","sortOrder":159},{"sectionNumber":"sec.96","sectionType":"section","heading":"Body corporate must not carry on business","content":"### sec.96 Body corporate must not carry on business\n\nA body corporate must not carry on a business.\nA body corporate must not carry on business as—\na letting agent\na tour operator\na restaurant business\na real estate developer\na land trader.\nHowever, the body corporate may—\nengage in business activities to the extent necessary for properly carrying out its functions; and\ninvest amounts not immediately required for its purposes in the way a trustee may invest trust funds.\nleasing part of the common property\nselling body corporate assets no longer required for the scheme\n(sec.96-ssec.1) A body corporate must not carry on a business. A body corporate must not carry on business as— a letting agent a tour operator a restaurant business a real estate developer a land trader.\n(sec.96-ssec.2) However, the body corporate may— engage in business activities to the extent necessary for properly carrying out its functions; and invest amounts not immediately required for its purposes in the way a trustee may invest trust funds. leasing part of the common property selling body corporate assets no longer required for the scheme\n- • a letting agent\n- • a tour operator\n- • a restaurant business\n- • a real estate developer\n- • a land trader.\n- (a) engage in business activities to the extent necessary for properly carrying out its functions; and\n- (b) invest amounts not immediately required for its purposes in the way a trustee may invest trust funds.\n- 1 leasing part of the common property\n- 2 selling body corporate assets no longer required for the scheme","sortOrder":160},{"sectionNumber":"sec.97","sectionType":"section","heading":"No delegation of body corporate’s powers","content":"### sec.97 No delegation of body corporate’s powers\n\nA body corporate can not delegate its powers.\nBut see part 2 , division 2 .\ns 97 ins 2003 No. 6 s 35\namd 2011 No. 9 s 3 sch","sortOrder":161},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Committee for body corporate","content":"## Committee for body corporate","sortOrder":162},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application of div 2","content":"### sec.98 Application of div 2\n\nThis division applies if, under the regulation module applying to a community titles scheme, there must be a committee for the body corporate.\ns 98 amd 2003 No. 6 s 3 sch","sortOrder":163},{"sectionNumber":"sec.99","sectionType":"section","heading":"Composition and election of committee","content":"### sec.99 Composition and election of committee\n\nThe committee must be composed in the way provided for in the regulation module.\nThe members of the committee are chosen in the way provided for in the regulation module.\nThe regulation module may also provide for—\nthe term of office of a member of the committee; and\nvacancies on the committee, and the filling of casual vacancies.\ns 99 amd 1997 No. 78 s 12\n(sec.99-ssec.1) The committee must be composed in the way provided for in the regulation module.\n(sec.99-ssec.2) The members of the committee are chosen in the way provided for in the regulation module.\n(sec.99-ssec.3) The regulation module may also provide for— the term of office of a member of the committee; and vacancies on the committee, and the filling of casual vacancies.\n- (a) the term of office of a member of the committee; and\n- (b) vacancies on the committee, and the filling of casual vacancies.","sortOrder":164},{"sectionNumber":"sec.100","sectionType":"section","heading":"Power of committee to act for body corporate","content":"### sec.100 Power of committee to act for body corporate\n\nA decision of the committee is a decision of the body corporate.\nSubsection (1) does not apply to a decision that, under the regulation module, is a decision on a restricted issue for the committee.\nDespite anything in a contract with the body corporate (including the engagement of a body corporate manager), a decision of the body corporate manager is void to the extent that it is inconsistent with a decision of the body corporate’s committee.\nIf persons, honestly and reasonably believing that they are the committee for the body corporate, make a decision while purportedly acting as the committee, the decision is taken to be a decision of the committee despite a defect in the election of 1 or more of the persons.\nThe committee must act reasonably in making a decision.\ns 100 amd 2007 No. 11 s 9\n(sec.100-ssec.1) A decision of the committee is a decision of the body corporate.\n(sec.100-ssec.2) Subsection (1) does not apply to a decision that, under the regulation module, is a decision on a restricted issue for the committee.\n(sec.100-ssec.3) Despite anything in a contract with the body corporate (including the engagement of a body corporate manager), a decision of the body corporate manager is void to the extent that it is inconsistent with a decision of the body corporate’s committee.\n(sec.100-ssec.4) If persons, honestly and reasonably believing that they are the committee for the body corporate, make a decision while purportedly acting as the committee, the decision is taken to be a decision of the committee despite a defect in the election of 1 or more of the persons.\n(sec.100-ssec.5) The committee must act reasonably in making a decision.","sortOrder":165},{"sectionNumber":"sec.101","sectionType":"section","heading":"Procedures and powers of committee","content":"### sec.101 Procedures and powers of committee\n\nThe procedures and powers of the committee are stated in the regulation module.\nWithout limiting subsection (1) , the committee must put into effect the lawful decisions of the body corporate.\n(sec.101-ssec.1) The procedures and powers of the committee are stated in the regulation module.\n(sec.101-ssec.2) Without limiting subsection (1) , the committee must put into effect the lawful decisions of the body corporate.","sortOrder":166},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Protection of committee members from liability","content":"### sec.101A Protection of committee members from liability\n\nA committee member is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a committee member.\nIn this section—\nact done or omission made , does not include the publication of defamatory matter as mentioned in section 111A (1) .\ns 101A ins 2007 No. 11 s 10\n(sec.101A-ssec.1) A committee member is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a committee member.\n(sec.101A-ssec.2) In this section— act done or omission made , does not include the publication of defamatory matter as mentioned in section 111A (1) .","sortOrder":167},{"sectionNumber":"sec.101B","sectionType":"section","heading":"Code of conduct for committee voting members","content":"### sec.101B Code of conduct for committee voting members\n\nThe code of conduct in schedule 1A applies to each person (a committee voting member ) who is—\na committee member for a community titles scheme; and\na voting member of the committee under the regulation module applying to the scheme.\nOn becoming a committee voting member, the person is taken to have agreed to comply with the code of conduct.\nIf a committee voting member breaches the code of conduct, the member may be removed from office in the way prescribed under a regulation.\ns 101B ins 2007 No. 11 s 10\n(sec.101B-ssec.1) The code of conduct in schedule 1A applies to each person (a committee voting member ) who is— a committee member for a community titles scheme; and a voting member of the committee under the regulation module applying to the scheme.\n(sec.101B-ssec.2) On becoming a committee voting member, the person is taken to have agreed to comply with the code of conduct.\n(sec.101B-ssec.3) If a committee voting member breaches the code of conduct, the member may be removed from office in the way prescribed under a regulation.\n- (a) a committee member for a community titles scheme; and\n- (b) a voting member of the committee under the regulation module applying to the scheme.","sortOrder":168},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Proxies","content":"## Proxies","sortOrder":169},{"sectionNumber":"sec.102","sectionType":"section","heading":"Committee members’ proxies","content":"### sec.102 Committee members’ proxies\n\nThe regulation module applying to a community titles scheme may, for meetings of the committee for the body corporate, provide for the following—\nwhether a member of the committee may appoint a person to act as the member’s proxy in the absence of the member from a meeting of the committee;\nwho may or may not be appointed to act as a member’s proxy;\nthe way a proxy is appointed;\nthe way proxies may be used;\nauthority for the body corporate to prohibit the use of proxies for some or all matters;\nthe maximum period a person’s appointment as a member’s proxy may stay in force.\n- (a) whether a member of the committee may appoint a person to act as the member’s proxy in the absence of the member from a meeting of the committee;\n- (b) who may or may not be appointed to act as a member’s proxy;\n- (c) the way a proxy is appointed;\n- (d) the way proxies may be used;\n- (e) authority for the body corporate to prohibit the use of proxies for some or all matters;\n- (f) the maximum period a person’s appointment as a member’s proxy may stay in force.","sortOrder":170},{"sectionNumber":"sec.103","sectionType":"section","heading":"Proxies for body corporate meetings","content":"### sec.103 Proxies for body corporate meetings\n\nThe regulation module applying to a community titles scheme may, for meetings of the body corporate, provide for the following—\nwhether a member of the body corporate may appoint a person to act as the member’s proxy in a general meeting of the body corporate;\nwho may or may not be appointed to act as a member’s proxy;\nthe way a proxy is appointed;\nthe way proxies may be used;\nauthority for the body corporate to prohibit the use of proxies for some or all matters;\nthe maximum period a person’s appointment as a member’s proxy may stay in force.\n- (a) whether a member of the body corporate may appoint a person to act as the member’s proxy in a general meeting of the body corporate;\n- (b) who may or may not be appointed to act as a member’s proxy;\n- (c) the way a proxy is appointed;\n- (d) the way proxies may be used;\n- (e) authority for the body corporate to prohibit the use of proxies for some or all matters;\n- (f) the maximum period a person’s appointment as a member’s proxy may stay in force.","sortOrder":171},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":"Body corporate meetings","content":"## Body corporate meetings","sortOrder":172},{"sectionNumber":"sec.104","sectionType":"section","heading":"Body corporate meetings","content":"### sec.104 Body corporate meetings\n\nThe body corporate for a community titles scheme ( scheme A ) must—\nhold meetings of the types, and for the purposes, prescribed under the regulation module applying to scheme A; and\nconduct the meetings—\nin the way prescribed under the regulation module; and\nto the extent the regulation module does not prescribe the way to conduct meetings—in the way decided by the body corporate.\nThe regulation module may include provisions about the representation, on the body corporate for scheme A, of the body corporate for another community titles scheme that is a lot included in scheme A.\n(sec.104-ssec.1) The body corporate for a community titles scheme ( scheme A ) must— hold meetings of the types, and for the purposes, prescribed under the regulation module applying to scheme A; and conduct the meetings— in the way prescribed under the regulation module; and to the extent the regulation module does not prescribe the way to conduct meetings—in the way decided by the body corporate.\n(sec.104-ssec.2) The regulation module may include provisions about the representation, on the body corporate for scheme A, of the body corporate for another community titles scheme that is a lot included in scheme A.\n- (a) hold meetings of the types, and for the purposes, prescribed under the regulation module applying to scheme A; and\n- (b) conduct the meetings— (i) in the way prescribed under the regulation module; and (ii) to the extent the regulation module does not prescribe the way to conduct meetings—in the way decided by the body corporate.\n- (i) in the way prescribed under the regulation module; and\n- (ii) to the extent the regulation module does not prescribe the way to conduct meetings—in the way decided by the body corporate.\n- (i) in the way prescribed under the regulation module; and\n- (ii) to the extent the regulation module does not prescribe the way to conduct meetings—in the way decided by the body corporate.","sortOrder":173},{"sectionNumber":"sec.105","sectionType":"section","heading":"Counting of votes for resolution without dissent","content":"### sec.105 Counting of votes for resolution without dissent\n\nThis section applies if a motion is to be decided by resolution without dissent at a general meeting of the body corporate for a community titles scheme.\nOne vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\nThe motion is passed by resolution without dissent only if no vote is counted against the motion.\n(sec.105-ssec.1) This section applies if a motion is to be decided by resolution without dissent at a general meeting of the body corporate for a community titles scheme.\n(sec.105-ssec.2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\n(sec.105-ssec.3) The motion is passed by resolution without dissent only if no vote is counted against the motion.","sortOrder":174},{"sectionNumber":"sec.106","sectionType":"section","heading":"Counting of votes for special resolution","content":"### sec.106 Counting of votes for special resolution\n\nThis section applies if a motion is to be decided by special resolution at a general meeting of the body corporate for a community titles scheme.\nOne vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\nThe motion is passed by special resolution only if—\nat least two-thirds of the votes cast are in favour of the motion; and\nthe number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and\nthe total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.\ns 106 amd 2003 No. 6 s 36 ; 2023 No. 29 s 8\n(sec.106-ssec.1) This section applies if a motion is to be decided by special resolution at a general meeting of the body corporate for a community titles scheme.\n(sec.106-ssec.2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\n(sec.106-ssec.3) The motion is passed by special resolution only if— at least two-thirds of the votes cast are in favour of the motion; and the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.\n- (a) at least two-thirds of the votes cast are in favour of the motion; and\n- (b) the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and\n- (c) the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.","sortOrder":175},{"sectionNumber":"sec.107","sectionType":"section","heading":"Counting of votes for majority resolution","content":"### sec.107 Counting of votes for majority resolution\n\nThis section applies if a motion is to be decided by majority resolution at a general meeting of the body corporate for a community titles scheme.\nOne vote only may be exercised for each lot included in the scheme.\nThe vote—\nmust be written; and\ncan not be exercised by proxy.\nThe motion is passed by majority resolution only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.\ns 107 ins 2003 No. 6 s 37\n(sec.107-ssec.1) This section applies if a motion is to be decided by majority resolution at a general meeting of the body corporate for a community titles scheme.\n(sec.107-ssec.2) One vote only may be exercised for each lot included in the scheme.\n(sec.107-ssec.3) The vote— must be written; and can not be exercised by proxy.\n(sec.107-ssec.4) The motion is passed by majority resolution only if the votes counted for the motion are more than 50% of the lots for which persons are entitled to vote on the motion.\n- (a) must be written; and\n- (b) can not be exercised by proxy.","sortOrder":176},{"sectionNumber":"sec.108","sectionType":"section","heading":"Counting of votes for ordinary resolution if no poll requested","content":"### sec.108 Counting of votes for ordinary resolution if no poll requested\n\nThis section applies if—\na motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and\nno poll is requested for the counting of the vote on the motion.\nOne vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\nThe motion is passed by ordinary resolution only if the votes counted for the motion are more than the votes counted against the motion.\ns 108 prev s 108 amd 2003 No. 6 s 3 sch\nom 2003 No. 6 s 3 sch\n(sec.108-ssec.1) This section applies if— a motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and no poll is requested for the counting of the vote on the motion.\n(sec.108-ssec.2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\n(sec.108-ssec.3) The motion is passed by ordinary resolution only if the votes counted for the motion are more than the votes counted against the motion.\n- (a) a motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and\n- (b) no poll is requested for the counting of the vote on the motion.","sortOrder":177},{"sectionNumber":"sec.109","sectionType":"section","heading":"Request for poll","content":"### sec.109 Request for poll\n\nA person entitled to vote at a general meeting of the body corporate for a community titles scheme may ask for a poll for the counting of the vote on a motion to be decided by ordinary resolution, other than an ordinary resolution conducted by secret ballot.\nThe person must ask for the poll—\nin person at the meeting; or\non the voting paper on which the person votes in respect of the motion, whether or not the person is personally present at the meeting.\nThe request for a poll—\nmay be made whether or not the meeting has already voted on the motion other than by poll; and\nmay be withdrawn by the person who made it at any time before the poll is completed.\nHowever, the request under subsection (3) (a) must be made no later than—\nif the motion ( motion A ) is not the last motion to be considered at the meeting—before the meeting decides the next motion to be considered after motion A; or\nif motion A is the last motion to be considered at the meeting—before the meeting ends.\ns 109 amd 2003 No. 6 s 3 sch\n(sec.109-ssec.1) A person entitled to vote at a general meeting of the body corporate for a community titles scheme may ask for a poll for the counting of the vote on a motion to be decided by ordinary resolution, other than an ordinary resolution conducted by secret ballot.\n(sec.109-ssec.2) The person must ask for the poll— in person at the meeting; or on the voting paper on which the person votes in respect of the motion, whether or not the person is personally present at the meeting.\n(sec.109-ssec.3) The request for a poll— may be made whether or not the meeting has already voted on the motion other than by poll; and may be withdrawn by the person who made it at any time before the poll is completed.\n(sec.109-ssec.4) However, the request under subsection (3) (a) must be made no later than— if the motion ( motion A ) is not the last motion to be considered at the meeting—before the meeting decides the next motion to be considered after motion A; or if motion A is the last motion to be considered at the meeting—before the meeting ends.\n- (a) in person at the meeting; or\n- (b) on the voting paper on which the person votes in respect of the motion, whether or not the person is personally present at the meeting.\n- (a) may be made whether or not the meeting has already voted on the motion other than by poll; and\n- (b) may be withdrawn by the person who made it at any time before the poll is completed.\n- (a) if the motion ( motion A ) is not the last motion to be considered at the meeting—before the meeting decides the next motion to be considered after motion A; or\n- (b) if motion A is the last motion to be considered at the meeting—before the meeting ends.","sortOrder":178},{"sectionNumber":"sec.110","sectionType":"section","heading":"Counting of votes for ordinary resolution if poll requested","content":"### sec.110 Counting of votes for ordinary resolution if poll requested\n\nThis section applies if—\na motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and\na poll is properly requested for the counting of the vote on the motion.\nOne vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\nThe motion is passed by ordinary resolution only if the total of the contribution schedule lot entitlements for the lots for which votes are counted for the motion is more than the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion.\n(sec.110-ssec.1) This section applies if— a motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and a poll is properly requested for the counting of the vote on the motion.\n(sec.110-ssec.2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.\n(sec.110-ssec.3) The motion is passed by ordinary resolution only if the total of the contribution schedule lot entitlements for the lots for which votes are counted for the motion is more than the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion.\n- (a) a motion is to be decided by ordinary resolution at a general meeting of the body corporate for a community titles scheme; and\n- (b) a poll is properly requested for the counting of the vote on the motion.","sortOrder":179},{"sectionNumber":"sec.111","sectionType":"section","heading":"Voting other than at general meeting","content":"### sec.111 Voting other than at general meeting\n\nThis section—\nprovides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but\napplies to a community titles scheme only if the regulation module applying to the scheme says it applies.\nA resolution on a motion may be passed by the body corporate, and has effect as a resolution without dissent, special resolution or ordinary resolution as may be required for the motion, even though the motion is not placed before and decided at a general meeting of the body corporate, if—\na vote on the motion is exercised for each lot included in the scheme; and\nthe vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and\neach vote is a vote for the motion; and\neach vote is given or confirmed in writing.\ns 111 ins 1997 No. 78 s 13\n(sec.111-ssec.1) This section— provides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but applies to a community titles scheme only if the regulation module applying to the scheme says it applies.\n(sec.111-ssec.2) A resolution on a motion may be passed by the body corporate, and has effect as a resolution without dissent, special resolution or ordinary resolution as may be required for the motion, even though the motion is not placed before and decided at a general meeting of the body corporate, if— a vote on the motion is exercised for each lot included in the scheme; and the vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and each vote is a vote for the motion; and each vote is given or confirmed in writing.\n- (a) provides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but\n- (b) applies to a community titles scheme only if the regulation module applying to the scheme says it applies.\n- (a) a vote on the motion is exercised for each lot included in the scheme; and\n- (b) the vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and\n- (c) each vote is a vote for the motion; and\n- (d) each vote is given or confirmed in writing.","sortOrder":180},{"sectionNumber":"sec.111A","sectionType":"section","heading":"Protection of body corporate and committee from liability for defamation","content":"### sec.111A Protection of body corporate and committee from liability for defamation\n\nThis section applies if—\nthe committee for the body corporate for a community titles scheme publishes required material for a general meeting of the body corporate under the regulation module applying to the scheme; and\nthe required material contains defamatory matter.\nEach of the following is not liable for defamation by the publication of the defamatory matter as mentioned in subsection (1) —\nthe body corporate;\nthe committee, or a member of the committee, other than a member of the committee who submitted the motion or explanatory note containing the defamatory matter.\nIn this section—\ncommittee or member of the committee , for a community titles scheme for which a body corporate manager is engaged to carry out the functions of a committee for the body corporate and each of its executive members, means the body corporate manager.\nrequired material , for a general meeting of the body corporate, means any of the following required under the regulation module applying to the community titles scheme to be published for the general meeting—\na motion submitted other than by or for the committee for the general meeting;\nthe substance of a motion mentioned in paragraph (a) ;\nan explanatory note for a motion mentioned in paragraph (a) prepared by the submitter of the motion.\ns 111A ins 2007 No. 11 s 10A\n(sec.111A-ssec.1) This section applies if— the committee for the body corporate for a community titles scheme publishes required material for a general meeting of the body corporate under the regulation module applying to the scheme; and the required material contains defamatory matter.\n(sec.111A-ssec.2) Each of the following is not liable for defamation by the publication of the defamatory matter as mentioned in subsection (1) — the body corporate; the committee, or a member of the committee, other than a member of the committee who submitted the motion or explanatory note containing the defamatory matter.\n(sec.111A-ssec.3) In this section— committee or member of the committee , for a community titles scheme for which a body corporate manager is engaged to carry out the functions of a committee for the body corporate and each of its executive members, means the body corporate manager. required material , for a general meeting of the body corporate, means any of the following required under the regulation module applying to the community titles scheme to be published for the general meeting— a motion submitted other than by or for the committee for the general meeting; the substance of a motion mentioned in paragraph (a) ; an explanatory note for a motion mentioned in paragraph (a) prepared by the submitter of the motion.\n- (a) the committee for the body corporate for a community titles scheme publishes required material for a general meeting of the body corporate under the regulation module applying to the scheme; and\n- (b) the required material contains defamatory matter.\n- (a) the body corporate;\n- (b) the committee, or a member of the committee, other than a member of the committee who submitted the motion or explanatory note containing the defamatory matter.\n- (a) a motion submitted other than by or for the committee for the general meeting;\n- (b) the substance of a motion mentioned in paragraph (a) ;\n- (c) an explanatory note for a motion mentioned in paragraph (a) prepared by the submitter of the motion.","sortOrder":181},{"sectionNumber":"ch.3-pt.1-div.5","sectionType":"division","heading":"Special management arrangements for specified two-lot schemes","content":"## Special management arrangements for specified two-lot schemes","sortOrder":182},{"sectionNumber":"sec.111B","sectionType":"section","heading":"Purpose of div 5","content":"### sec.111B Purpose of div 5\n\nThis division provides—\nthat particular provisions of this chapter about management structures and arrangements for a community titles scheme do not apply to a specified two-lot scheme; and\nfor a simplified decision-making process by which the body corporate for a specified two-lot scheme may make a decision or may be taken to have made a decision; and\nfor a person to act as the representative of an owner of a lot included in a specified two-lot scheme.\ns 111B ins 2011 No. 9 s 17\n- (a) that particular provisions of this chapter about management structures and arrangements for a community titles scheme do not apply to a specified two-lot scheme; and\n- (b) for a simplified decision-making process by which the body corporate for a specified two-lot scheme may make a decision or may be taken to have made a decision; and\n- (c) for a person to act as the representative of an owner of a lot included in a specified two-lot scheme.","sortOrder":183},{"sectionNumber":"sec.111C","sectionType":"section","heading":"Meaning of specified two-lot scheme","content":"### sec.111C Meaning of specified two-lot scheme\n\nA specified two-lot scheme means a community titles scheme to which all of the following apply—\nthere are only 2 lots included in the scheme;\nthe scheme is not part of a layered arrangement of community titles schemes;\nthere is no letting agent for the scheme;\nthe lots included in the scheme are residential lots.\nA community titles scheme is also a specified two-lot scheme if subsection (1) (a) to (c) apply to the scheme and either—\nall of the following apply to the scheme—\nthe lots included in the scheme are not residential lots;\nthe first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme;\nwhen that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or\nLots included in a community titles scheme were offered for sale as residential lots, but the buyers chose not to use them as residential lots.\nall of the following apply for the scheme—\nthe lots included in the scheme have previously been, but are no longer, residential lots;\nwhen the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme;\nsince the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.\nIn this Act, a reference to a specified two-lot scheme is a reference to a community titles scheme—\nthat is a specified two-lot scheme within the meaning of subsection (1) or (2) ; and\nwhose community management statement identifies the specified two-lot schemes module as the regulation module applying to the scheme.\nIn this section—\nresidential lot means a lot that is used for residential purposes, and includes a lot that is—\nthe subject of a lease or letting for accommodation for long or short term residential purposes; or\nimmediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes.\ns 111C ins 2011 No. 9 s 17\n(sec.111C-ssec.1) A specified two-lot scheme means a community titles scheme to which all of the following apply— there are only 2 lots included in the scheme; the scheme is not part of a layered arrangement of community titles schemes; there is no letting agent for the scheme; the lots included in the scheme are residential lots.\n(sec.111C-ssec.2) A community titles scheme is also a specified two-lot scheme if subsection (1) (a) to (c) apply to the scheme and either— all of the following apply to the scheme— the lots included in the scheme are not residential lots; the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme; when that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or Lots included in a community titles scheme were offered for sale as residential lots, but the buyers chose not to use them as residential lots. all of the following apply for the scheme— the lots included in the scheme have previously been, but are no longer, residential lots; when the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme; since the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.\n(sec.111C-ssec.3) In this Act, a reference to a specified two-lot scheme is a reference to a community titles scheme— that is a specified two-lot scheme within the meaning of subsection (1) or (2) ; and whose community management statement identifies the specified two-lot schemes module as the regulation module applying to the scheme.\n(sec.111C-ssec.4) In this section— residential lot means a lot that is used for residential purposes, and includes a lot that is— the subject of a lease or letting for accommodation for long or short term residential purposes; or immediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes. s 111C ins 2011 No. 9 s 17\n- (a) there are only 2 lots included in the scheme;\n- (b) the scheme is not part of a layered arrangement of community titles schemes;\n- (c) there is no letting agent for the scheme;\n- (d) the lots included in the scheme are residential lots.\n- (a) all of the following apply to the scheme— (i) the lots included in the scheme are not residential lots; (ii) the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme; (iii) when that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or Example of circumstances in which paragraph (a) may apply— Lots included in a community titles scheme were offered for sale as residential lots, but the buyers chose not to use them as residential lots.\n- (i) the lots included in the scheme are not residential lots;\n- (ii) the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme;\n- (iii) when that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or\n- (b) all of the following apply for the scheme— (i) the lots included in the scheme have previously been, but are no longer, residential lots; (ii) when the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme; (iii) since the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.\n- (i) the lots included in the scheme have previously been, but are no longer, residential lots;\n- (ii) when the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme;\n- (iii) since the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.\n- (i) the lots included in the scheme are not residential lots;\n- (ii) the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme;\n- (iii) when that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or\n- (i) the lots included in the scheme have previously been, but are no longer, residential lots;\n- (ii) when the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme;\n- (iii) since the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.\n- (a) that is a specified two-lot scheme within the meaning of subsection (1) or (2) ; and\n- (b) whose community management statement identifies the specified two-lot schemes module as the regulation module applying to the scheme.\n- (a) the subject of a lease or letting for accommodation for long or short term residential purposes; or\n- (b) immediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes.","sortOrder":184},{"sectionNumber":"sec.111D","sectionType":"section","heading":"Divisions 2 to 4 do not apply to specified two-lot scheme","content":"### sec.111D Divisions 2 to 4 do not apply to specified two-lot scheme\n\nDivisions 2 to 4 do not apply to a specified two-lot scheme.\ns 111D ins 2011 No. 9 s 17","sortOrder":185},{"sectionNumber":"sec.111E","sectionType":"section","heading":"Meaning and effect of lot owner agreement","content":"### sec.111E Meaning and effect of lot owner agreement\n\nA lot owner agreement for a specified two-lot scheme is an agreement between the owners of the lots included in the scheme about a matter—\nrelated to the carrying out of the functions given to the body corporate under this Act and the community management statement; and\nfor which the body corporate is required or permitted to make a decision under this Act or the community management statement.\nA lot owner agreement for a specified two-lot scheme is a decision of the body corporate.\ns 111E ins 2011 No. 9 s 17\n(sec.111E-ssec.1) A lot owner agreement for a specified two-lot scheme is an agreement between the owners of the lots included in the scheme about a matter— related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and for which the body corporate is required or permitted to make a decision under this Act or the community management statement.\n(sec.111E-ssec.2) A lot owner agreement for a specified two-lot scheme is a decision of the body corporate.\n- (a) related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and\n- (b) for which the body corporate is required or permitted to make a decision under this Act or the community management statement.","sortOrder":186},{"sectionNumber":"sec.111F","sectionType":"section","heading":"Regulation of lot owner agreement","content":"### sec.111F Regulation of lot owner agreement\n\nA lot owner agreement for a specified two-lot scheme must be entered into in the way prescribed under the specified two-lot schemes module.\nWithout limiting subsection (1) , the regulation module may include provisions about the following—\na representative for an owner of a lot included in the scheme entering into a lot owner agreement on behalf of the owner;\ncircumstances in which, if there is more than 1 owner of a lot included in the scheme, the owners of the lot are taken to have entered into a lot owner agreement.\ns 111F ins 2011 No. 9 s 17\n(sec.111F-ssec.1) A lot owner agreement for a specified two-lot scheme must be entered into in the way prescribed under the specified two-lot schemes module.\n(sec.111F-ssec.2) Without limiting subsection (1) , the regulation module may include provisions about the following— a representative for an owner of a lot included in the scheme entering into a lot owner agreement on behalf of the owner; circumstances in which, if there is more than 1 owner of a lot included in the scheme, the owners of the lot are taken to have entered into a lot owner agreement. s 111F ins 2011 No. 9 s 17\n- (a) a representative for an owner of a lot included in the scheme entering into a lot owner agreement on behalf of the owner;\n- (b) circumstances in which, if there is more than 1 owner of a lot included in the scheme, the owners of the lot are taken to have entered into a lot owner agreement.","sortOrder":187},{"sectionNumber":"sec.111G","sectionType":"section","heading":"Body corporate may only make decision by lot owner agreement","content":"### sec.111G Body corporate may only make decision by lot owner agreement\n\nThis section applies if a provision of this Act or the community management statement requires or permits the body corporate for a community titles scheme to make a decision about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement—\nin any of the following ways—\nby resolution without dissent;\nby special resolution;\nby majority resolution;\nby ordinary resolution; or\nwithout stating the way in which the decision is to be made.\nThe body corporate may only make the decision by a lot owner agreement.\ns 111G ins 2011 No. 9 s 17\n(sec.111G-ssec.1) This section applies if a provision of this Act or the community management statement requires or permits the body corporate for a community titles scheme to make a decision about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement— in any of the following ways— by resolution without dissent; by special resolution; by majority resolution; by ordinary resolution; or without stating the way in which the decision is to be made.\n(sec.111G-ssec.2) The body corporate may only make the decision by a lot owner agreement.\n- (a) in any of the following ways— (i) by resolution without dissent; (ii) by special resolution; (iii) by majority resolution; (iv) by ordinary resolution; or\n- (i) by resolution without dissent;\n- (ii) by special resolution;\n- (iii) by majority resolution;\n- (iv) by ordinary resolution; or\n- (b) without stating the way in which the decision is to be made.\n- (i) by resolution without dissent;\n- (ii) by special resolution;\n- (iii) by majority resolution;\n- (iv) by ordinary resolution; or","sortOrder":188},{"sectionNumber":"sec.111H","sectionType":"section","heading":"Request to enter into lot owner agreement","content":"### sec.111H Request to enter into lot owner agreement\n\nThe owner of a lot included in a specified two-lot scheme may ask the owner of the other lot included in the scheme to enter into a lot owner agreement about a proposed decision.\nA request under subsection (1) must—\nbe made in the way prescribed under the specified two-lot schemes module; and\nstate a reasonable period for the owner of the lot to whom the request is made to enter into a lot owner agreement about the proposed decision.\nIf the owner of the lot to whom the request is made does not enter into a lot owner agreement about the proposed decision within the period stated, the body corporate is taken to have decided against making the proposed decision contained in the request.\nSubsection (3) applies despite section 111G (2) .\nIn this section—\nproposed decision means a proposed decision—\nabout a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and\nthat the body corporate is required or permitted to make under this Act or the community management statement.\ns 111H ins 2011 No. 9 s 17\n(sec.111H-ssec.1) The owner of a lot included in a specified two-lot scheme may ask the owner of the other lot included in the scheme to enter into a lot owner agreement about a proposed decision.\n(sec.111H-ssec.2) A request under subsection (1) must— be made in the way prescribed under the specified two-lot schemes module; and state a reasonable period for the owner of the lot to whom the request is made to enter into a lot owner agreement about the proposed decision.\n(sec.111H-ssec.3) If the owner of the lot to whom the request is made does not enter into a lot owner agreement about the proposed decision within the period stated, the body corporate is taken to have decided against making the proposed decision contained in the request.\n(sec.111H-ssec.4) Subsection (3) applies despite section 111G (2) .\n(sec.111H-ssec.5) In this section— proposed decision means a proposed decision— about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and that the body corporate is required or permitted to make under this Act or the community management statement.\n- (a) be made in the way prescribed under the specified two-lot schemes module; and\n- (b) state a reasonable period for the owner of the lot to whom the request is made to enter into a lot owner agreement about the proposed decision.\n- (a) about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and\n- (b) that the body corporate is required or permitted to make under this Act or the community management statement.","sortOrder":189},{"sectionNumber":"sec.111I","sectionType":"section","heading":"Amending or revoking decision of body corporate","content":"### sec.111I Amending or revoking decision of body corporate\n\nA decision of the body corporate for a specified two-lot scheme made by a lot owner agreement may be amended or revoked by another lot owner agreement.\ns 111I ins 2011 No. 9 s 17","sortOrder":190},{"sectionNumber":"sec.111J","sectionType":"section","heading":"Representative of owner of lot","content":"### sec.111J Representative of owner of lot\n\nA person may act as a representative for an owner of a lot included in a specified two-lot scheme in the circumstances prescribed under the specified two-lot schemes module.\nWithout limiting subsection (1) , the regulation module may include provisions about the following—\nauthorisation of a representative to act for an owner of a lot included in the scheme, and amendment and revocation of that authorisation;\nfunctions and powers of a representative authorised to act for an owner of a lot included in the scheme.\ns 111J ins 2011 No. 9 s 17\n(sec.111J-ssec.1) A person may act as a representative for an owner of a lot included in a specified two-lot scheme in the circumstances prescribed under the specified two-lot schemes module.\n(sec.111J-ssec.2) Without limiting subsection (1) , the regulation module may include provisions about the following— authorisation of a representative to act for an owner of a lot included in the scheme, and amendment and revocation of that authorisation; functions and powers of a representative authorised to act for an owner of a lot included in the scheme.\n- (a) authorisation of a representative to act for an owner of a lot included in the scheme, and amendment and revocation of that authorisation;\n- (b) functions and powers of a representative authorised to act for an owner of a lot included in the scheme.","sortOrder":191},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Body corporate managers, service contractors and letting agents","content":"# Body corporate managers, service contractors and letting agents","sortOrder":192},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Body corporate manager and service contractor engagements and letting agent authorisations","content":"## Body corporate manager and service contractor engagements and letting agent authorisations","sortOrder":193},{"sectionNumber":"sec.112","sectionType":"section","heading":"Original owner’s obligations about engagements and authorisations","content":"### sec.112 Original owner’s obligations about engagements and authorisations\n\nThis section applies if—\nthe body corporate for a community titles scheme intends to—\nengage a person as the body corporate manager or a service contractor (the contracted party ); or\nauthorise a person to conduct a letting agent business (also the contracted party ); and\nthe engagement or authorisation is to be made or given in the original owner control period.\nThe original owner must exercise reasonable skill, care and diligence and act in the best interests of the body corporate, as constituted after the original owner control period ends, in ensuring each of the following—\nthe terms of the engagement or authorisation achieve a fair and reasonable balance between the interests of—\nthe contracted party; and\nthe body corporate as constituted after the original owner control period ends;\nthe terms are appropriate for the scheme;\nthe powers able to be exercised, and functions required to be performed, by the contracted party under the engagement or authorisation—\nare appropriate for the scheme; and\ndo not adversely affect the body corporate’s ability to carry out its functions.\nMaximum penalty—300 penalty units.\nIf the body corporate or an owner of a lot included in the scheme incurs loss or damage because of the original owner’s contravention of subsection (2) , the body corporate or owner may claim compensation from the original owner in a proceeding brought in a court of competent jurisdiction.\ns 112 ins 2003 No. 6 s 38\n(sec.112-ssec.1) This section applies if— the body corporate for a community titles scheme intends to— engage a person as the body corporate manager or a service contractor (the contracted party ); or authorise a person to conduct a letting agent business (also the contracted party ); and the engagement or authorisation is to be made or given in the original owner control period.\n(sec.112-ssec.2) The original owner must exercise reasonable skill, care and diligence and act in the best interests of the body corporate, as constituted after the original owner control period ends, in ensuring each of the following— the terms of the engagement or authorisation achieve a fair and reasonable balance between the interests of— the contracted party; and the body corporate as constituted after the original owner control period ends; the terms are appropriate for the scheme; the powers able to be exercised, and functions required to be performed, by the contracted party under the engagement or authorisation— are appropriate for the scheme; and do not adversely affect the body corporate’s ability to carry out its functions. Maximum penalty—300 penalty units.\n(sec.112-ssec.3) If the body corporate or an owner of a lot included in the scheme incurs loss or damage because of the original owner’s contravention of subsection (2) , the body corporate or owner may claim compensation from the original owner in a proceeding brought in a court of competent jurisdiction.\n- (a) the body corporate for a community titles scheme intends to— (i) engage a person as the body corporate manager or a service contractor (the contracted party ); or (ii) authorise a person to conduct a letting agent business (also the contracted party ); and\n- (i) engage a person as the body corporate manager or a service contractor (the contracted party ); or\n- (ii) authorise a person to conduct a letting agent business (also the contracted party ); and\n- (b) the engagement or authorisation is to be made or given in the original owner control period.\n- (i) engage a person as the body corporate manager or a service contractor (the contracted party ); or\n- (ii) authorise a person to conduct a letting agent business (also the contracted party ); and\n- (a) the terms of the engagement or authorisation achieve a fair and reasonable balance between the interests of— (i) the contracted party; and (ii) the body corporate as constituted after the original owner control period ends;\n- (i) the contracted party; and\n- (ii) the body corporate as constituted after the original owner control period ends;\n- (b) the terms are appropriate for the scheme;\n- (c) the powers able to be exercised, and functions required to be performed, by the contracted party under the engagement or authorisation— (i) are appropriate for the scheme; and (ii) do not adversely affect the body corporate’s ability to carry out its functions.\n- (i) are appropriate for the scheme; and\n- (ii) do not adversely affect the body corporate’s ability to carry out its functions.\n- (i) the contracted party; and\n- (ii) the body corporate as constituted after the original owner control period ends;\n- (i) are appropriate for the scheme; and\n- (ii) do not adversely affect the body corporate’s ability to carry out its functions.","sortOrder":194},{"sectionNumber":"sec.113","sectionType":"section","heading":"No consideration for engagement or authorisation","content":"### sec.113 No consideration for engagement or authorisation\n\nThe body corporate for a community titles scheme must not seek or accept the payment of an amount, or the conferral of a benefit, for—\nthe engagement of a person as a service contractor for the scheme (including a replacement or renewal of an engagement of the person as a service contractor); or\nthe authorisation of a person as a letting agent for the scheme (including a replacement or renewal of an authorisation of the person as a letting agent); or\nextending the term of—\nan engagement of a person as a service contractor for the scheme; or\nan authorisation of a person as a letting agent for the scheme.\nSubsection (1) (b) does not apply to the first authorisation given after the original owner control period ends if—\nthe amount or benefit sought or accepted for the authorisation represents fair market value for the authorisation; and\nno authorisation was given during the original owner control period.\nIf an amount is paid to, or a benefit is accepted by, the body corporate in contravention of subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\ns 113 ins 2003 No. 6 s 39\n(sec.113-ssec.1) The body corporate for a community titles scheme must not seek or accept the payment of an amount, or the conferral of a benefit, for— the engagement of a person as a service contractor for the scheme (including a replacement or renewal of an engagement of the person as a service contractor); or the authorisation of a person as a letting agent for the scheme (including a replacement or renewal of an authorisation of the person as a letting agent); or extending the term of— an engagement of a person as a service contractor for the scheme; or an authorisation of a person as a letting agent for the scheme.\n(sec.113-ssec.2) Subsection (1) (b) does not apply to the first authorisation given after the original owner control period ends if— the amount or benefit sought or accepted for the authorisation represents fair market value for the authorisation; and no authorisation was given during the original owner control period.\n(sec.113-ssec.3) If an amount is paid to, or a benefit is accepted by, the body corporate in contravention of subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\n- (a) the engagement of a person as a service contractor for the scheme (including a replacement or renewal of an engagement of the person as a service contractor); or\n- (b) the authorisation of a person as a letting agent for the scheme (including a replacement or renewal of an authorisation of the person as a letting agent); or\n- (c) extending the term of— (i) an engagement of a person as a service contractor for the scheme; or (ii) an authorisation of a person as a letting agent for the scheme.\n- (i) an engagement of a person as a service contractor for the scheme; or\n- (ii) an authorisation of a person as a letting agent for the scheme.\n- (i) an engagement of a person as a service contractor for the scheme; or\n- (ii) an authorisation of a person as a letting agent for the scheme.\n- (a) the amount or benefit sought or accepted for the authorisation represents fair market value for the authorisation; and\n- (b) no authorisation was given during the original owner control period.","sortOrder":195},{"sectionNumber":"sec.114","sectionType":"section","heading":"Limitation on benefit to body corporate under service contractor engagement","content":"### sec.114 Limitation on benefit to body corporate under service contractor engagement\n\nThe engagement of a person as a service contractor for a community titles scheme must not include, whether directly or indirectly, a requirement for the payment of an amount to, or the conferral of a benefit (other than the services the service contractor is engaged to supply) on, the body corporate.\nIf an amount is paid to, or a benefit is accepted by, the body corporate under a requirement mentioned in subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\nSubsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred (not including the actual engagement as service contractor) by the body corporate under the engagement.\nIf under the engagement the service contractor may make use of a body corporate asset, the engagement might include a requirement for the service contractor to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\nIf under the engagement the service contractor may use a part of the common property (for example, utility infrastructure), the engagement might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\nAlso, subsection (1) does not apply to an amount or benefit for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and service contractor for the engagement.\nThis section applies only to an engagement (including the extension, renewal or replacement of an engagement) the term of which starts after the commencement.\ns 114 amd 2003 No. 6 s 40\n(sec.114-ssec.1) The engagement of a person as a service contractor for a community titles scheme must not include, whether directly or indirectly, a requirement for the payment of an amount to, or the conferral of a benefit (other than the services the service contractor is engaged to supply) on, the body corporate.\n(sec.114-ssec.2) If an amount is paid to, or a benefit is accepted by, the body corporate under a requirement mentioned in subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\n(sec.114-ssec.3) Subsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred (not including the actual engagement as service contractor) by the body corporate under the engagement. If under the engagement the service contractor may make use of a body corporate asset, the engagement might include a requirement for the service contractor to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) . If under the engagement the service contractor may use a part of the common property (for example, utility infrastructure), the engagement might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\n(sec.114-ssec.4) Also, subsection (1) does not apply to an amount or benefit for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and service contractor for the engagement.\n(sec.114-ssec.5) This section applies only to an engagement (including the extension, renewal or replacement of an engagement) the term of which starts after the commencement.\n- 1 If under the engagement the service contractor may make use of a body corporate asset, the engagement might include a requirement for the service contractor to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\n- 2 If under the engagement the service contractor may use a part of the common property (for example, utility infrastructure), the engagement might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .","sortOrder":196},{"sectionNumber":"sec.115","sectionType":"section","heading":"Limitation on benefit to body corporate under letting agent authorisation","content":"### sec.115 Limitation on benefit to body corporate under letting agent authorisation\n\nThe authorisation of a person as a letting agent for a community titles scheme must not include, whether directly or indirectly, a requirement for the payment of an amount to, or the conferral of a benefit on, the body corporate.\nIf an amount is paid to, or a benefit is accepted by, the body corporate under a requirement mentioned in subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\nSubsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred (not including the actual authorisation as letting agent) by the body corporate under the authorisation.\nIf under the authorisation the letting agent may make use of a body corporate asset, the authorisation might include a requirement for the letting agent to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\nIf under the authorisation the letting agent may use a part of the common property (for example, utility infrastructure), the authorisation might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\nAlso, subsection (1) does not apply to—\nan amount or benefit for the actual authorisation as letting agent if—\nthe amount or benefit represents fair market value for the authorisation; and\nthe authorisation is the first authorisation given after the original owner control period ends; and\nno authorisation was given during the original owner control period; or\nan amount or benefit for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and letting agent for the authorisation.\nThis section applies only to an authorisation (including the extension, renewal or replacement of an authorisation) the term of which starts after the commencement.\ns 115 amd 2003 No. 6 s 41\n(sec.115-ssec.1) The authorisation of a person as a letting agent for a community titles scheme must not include, whether directly or indirectly, a requirement for the payment of an amount to, or the conferral of a benefit on, the body corporate.\n(sec.115-ssec.2) If an amount is paid to, or a benefit is accepted by, the body corporate under a requirement mentioned in subsection (1) , the person who paid the amount or conferred the benefit may recover the amount, or the value of the benefit, as a debt.\n(sec.115-ssec.3) Subsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred (not including the actual authorisation as letting agent) by the body corporate under the authorisation. If under the authorisation the letting agent may make use of a body corporate asset, the authorisation might include a requirement for the letting agent to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) . If under the authorisation the letting agent may use a part of the common property (for example, utility infrastructure), the authorisation might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\n(sec.115-ssec.4) Also, subsection (1) does not apply to— an amount or benefit for the actual authorisation as letting agent if— the amount or benefit represents fair market value for the authorisation; and the authorisation is the first authorisation given after the original owner control period ends; and no authorisation was given during the original owner control period; or an amount or benefit for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and letting agent for the authorisation.\n(sec.115-ssec.5) This section applies only to an authorisation (including the extension, renewal or replacement of an authorisation) the term of which starts after the commencement.\n- 1 If under the authorisation the letting agent may make use of a body corporate asset, the authorisation might include a requirement for the letting agent to pay an amount of rent for the asset’s use. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\n- 2 If under the authorisation the letting agent may use a part of the common property (for example, utility infrastructure), the authorisation might include a requirement for the service contractor to pay an amount of rent for the use of the part of the common property. To the extent that the amount is more than a fair rent, the amount would be recoverable under subsection (2) .\n- (a) an amount or benefit for the actual authorisation as letting agent if— (i) the amount or benefit represents fair market value for the authorisation; and (ii) the authorisation is the first authorisation given after the original owner control period ends; and (iii) no authorisation was given during the original owner control period; or\n- (i) the amount or benefit represents fair market value for the authorisation; and\n- (ii) the authorisation is the first authorisation given after the original owner control period ends; and\n- (iii) no authorisation was given during the original owner control period; or\n- (b) an amount or benefit for the reasonable costs incurred by the body corporate in preparing an agreement between the body corporate and letting agent for the authorisation.\n- (i) the amount or benefit represents fair market value for the authorisation; and\n- (ii) the authorisation is the first authorisation given after the original owner control period ends; and\n- (iii) no authorisation was given during the original owner control period; or","sortOrder":197},{"sectionNumber":"sec.116","sectionType":"section","heading":"Letting agent’s obligations for letting agent lot","content":"### sec.116 Letting agent’s obligations for letting agent lot\n\nThis section applies to a person who becomes a letting agent for a community titles scheme after the commencement of this section.\nIf the letting agent business is conducted from a lot, other than lessee common property, included in the scheme, at all times, either—\nthe letting agent must be the registered owner or lessee of the lot; or\na deed must be in place between the body corporate and the person (the lot holder ) who is the registered owner or lessee of the lot, under which the lot holder agrees to transfer the lot holder’s interest in the lot, in accordance with the arrangements provided for in the deed, if the letting agent is required to transfer the letting agent’s management rights under division 8 .\nThe rights and obligations of the body corporate and the lot holder under the deed must correspond as far as practicable with the rights and obligations the body corporate and the letting agent would have under division 8 were the letting agent the registered owner or lessee of the lot.\nThe arrangements provided for in the deed may include—\narrangements for ensuring, to the greatest practicable extent, that the transfer of the lot holder’s interest in the lot happens at the same time as the transfer of the letting agent’s management rights under division 8 ; and\nauthority, whether or not supported by a power of attorney, for the body corporate to act in the place of the lot holder if the lot holder does not comply with the lot holder’s obligations under the deed for the transfer of the lot holder’s interest in the lot.\nIf the lot holder does not enter into the deed mentioned in subsection (2) (b) , the letting agent’s authorisation as letting agent has no effect.\ns 116 ins 2003 No. 6 s 42\n(sec.116-ssec.1) This section applies to a person who becomes a letting agent for a community titles scheme after the commencement of this section.\n(sec.116-ssec.2) If the letting agent business is conducted from a lot, other than lessee common property, included in the scheme, at all times, either— the letting agent must be the registered owner or lessee of the lot; or a deed must be in place between the body corporate and the person (the lot holder ) who is the registered owner or lessee of the lot, under which the lot holder agrees to transfer the lot holder’s interest in the lot, in accordance with the arrangements provided for in the deed, if the letting agent is required to transfer the letting agent’s management rights under division 8 .\n(sec.116-ssec.3) The rights and obligations of the body corporate and the lot holder under the deed must correspond as far as practicable with the rights and obligations the body corporate and the letting agent would have under division 8 were the letting agent the registered owner or lessee of the lot.\n(sec.116-ssec.4) The arrangements provided for in the deed may include— arrangements for ensuring, to the greatest practicable extent, that the transfer of the lot holder’s interest in the lot happens at the same time as the transfer of the letting agent’s management rights under division 8 ; and authority, whether or not supported by a power of attorney, for the body corporate to act in the place of the lot holder if the lot holder does not comply with the lot holder’s obligations under the deed for the transfer of the lot holder’s interest in the lot.\n(sec.116-ssec.5) If the lot holder does not enter into the deed mentioned in subsection (2) (b) , the letting agent’s authorisation as letting agent has no effect.\n- (a) the letting agent must be the registered owner or lessee of the lot; or\n- (b) a deed must be in place between the body corporate and the person (the lot holder ) who is the registered owner or lessee of the lot, under which the lot holder agrees to transfer the lot holder’s interest in the lot, in accordance with the arrangements provided for in the deed, if the letting agent is required to transfer the letting agent’s management rights under division 8 .\n- (a) arrangements for ensuring, to the greatest practicable extent, that the transfer of the lot holder’s interest in the lot happens at the same time as the transfer of the letting agent’s management rights under division 8 ; and\n- (b) authority, whether or not supported by a power of attorney, for the body corporate to act in the place of the lot holder if the lot holder does not comply with the lot holder’s obligations under the deed for the transfer of the lot holder’s interest in the lot.","sortOrder":198},{"sectionNumber":"sec.117","sectionType":"section","heading":"Combined engagement and authorisation","content":"### sec.117 Combined engagement and authorisation\n\nA contract is not void merely because it includes 2 or more of the following—\nthe engagement of a person as a body corporate manager for a community titles scheme;\nthe engagement of a person as a service contractor for a community titles scheme;\nthe authorisation of a person as a letting agent for a community titles scheme.\n- (a) the engagement of a person as a body corporate manager for a community titles scheme;\n- (b) the engagement of a person as a service contractor for a community titles scheme;\n- (c) the authorisation of a person as a letting agent for a community titles scheme.","sortOrder":199},{"sectionNumber":"sec.118","sectionType":"section","heading":"Code of conduct","content":"### sec.118 Code of conduct\n\nThe code of conduct in schedule 2 applies to—\na body corporate manager in performing obligations under the person’s engagement as the body corporate manager; and\na caretaking service contractor in performing obligations under the person’s engagement as a service contractor.\nThe provisions of the code are taken to be included in the terms of the contract providing for the person’s engagement.\nIf there is an inconsistency between a provision of the code and another term of the contract, the provision of the code prevails.\nIf the contract was in force immediately before the commencement of this section, this section applies only for things done or omitted to be done by the person after the commencement.\ns 118 ins 2003 No. 6 s 43\n(sec.118-ssec.1) The code of conduct in schedule 2 applies to— a body corporate manager in performing obligations under the person’s engagement as the body corporate manager; and a caretaking service contractor in performing obligations under the person’s engagement as a service contractor.\n(sec.118-ssec.2) The provisions of the code are taken to be included in the terms of the contract providing for the person’s engagement.\n(sec.118-ssec.3) If there is an inconsistency between a provision of the code and another term of the contract, the provision of the code prevails.\n(sec.118-ssec.4) If the contract was in force immediately before the commencement of this section, this section applies only for things done or omitted to be done by the person after the commencement.\n- (a) a body corporate manager in performing obligations under the person’s engagement as the body corporate manager; and\n- (b) a caretaking service contractor in performing obligations under the person’s engagement as a service contractor.","sortOrder":200},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Performance of powers of body corporate committee and executive members by body corporate manager","content":"## Performance of powers of body corporate committee and executive members by body corporate manager","sortOrder":201},{"sectionNumber":"sec.119","sectionType":"section","heading":"Schemes for which there is a committee for the body corporate","content":"### sec.119 Schemes for which there is a committee for the body corporate\n\nThis section applies if there is a committee for the body corporate.\nThe body corporate, in writing, may authorise the body corporate manager to exercise some or all of the powers ( authorised powers ) of an executive member of the committee.\nHowever, the body corporate must not prevent the executive member from—\nexercising an authorised power; or\ndirecting the body corporate manager about how an authorised power is to be exercised.\nThe body corporate, in writing, may revoke the authorisation at any time.\ns 119 sub 2003 No. 6 s 44\n(sec.119-ssec.1) This section applies if there is a committee for the body corporate.\n(sec.119-ssec.2) The body corporate, in writing, may authorise the body corporate manager to exercise some or all of the powers ( authorised powers ) of an executive member of the committee.\n(sec.119-ssec.3) However, the body corporate must not prevent the executive member from— exercising an authorised power; or directing the body corporate manager about how an authorised power is to be exercised.\n(sec.119-ssec.4) The body corporate, in writing, may revoke the authorisation at any time.\n- (a) exercising an authorised power; or\n- (b) directing the body corporate manager about how an authorised power is to be exercised.","sortOrder":202},{"sectionNumber":"sec.120","sectionType":"section","heading":"Schemes for which there is no committee for the body corporate","content":"### sec.120 Schemes for which there is no committee for the body corporate\n\nThis section applies if, under a regulation module applying to a community titles scheme, there is no committee for the body corporate.\nHowever, this section does not apply to a specified two-lot scheme.\nThe body corporate, in writing, may authorise the body corporate manager to exercise the powers ( authorised powers ) of a committee for a body corporate and an executive member of a committee.\nThe body corporate, in writing, may revoke the authorisation at any time.\ns 120 ins 2003 No. 6 s 44\namd 2011 No. 9 s 18\n(sec.120-ssec.1) This section applies if, under a regulation module applying to a community titles scheme, there is no committee for the body corporate.\n(sec.120-ssec.2) However, this section does not apply to a specified two-lot scheme.\n(sec.120-ssec.3) The body corporate, in writing, may authorise the body corporate manager to exercise the powers ( authorised powers ) of a committee for a body corporate and an executive member of a committee.\n(sec.120-ssec.4) The body corporate, in writing, may revoke the authorisation at any time.","sortOrder":203},{"sectionNumber":"sec.121","sectionType":"section","heading":"Power of body corporate manager to act for body corporate","content":"### sec.121 Power of body corporate manager to act for body corporate\n\nA decision of a body corporate manager in exercising a power under an authorisation given under section 120 is a decision of the body corporate.\nSubsection (1) does not apply to a decision that, under the regulation module applying to the scheme, is a decision on a restricted issue for a committee for a body corporate.\ns 121 ins 2003 No. 6 s 44\n(sec.121-ssec.1) A decision of a body corporate manager in exercising a power under an authorisation given under section 120 is a decision of the body corporate.\n(sec.121-ssec.2) Subsection (1) does not apply to a decision that, under the regulation module applying to the scheme, is a decision on a restricted issue for a committee for a body corporate.","sortOrder":204},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":205},{"sectionNumber":"sec.122","sectionType":"section","heading":"Regulation module","content":"### sec.122 Regulation module\n\nThe regulation module applying to a community titles scheme may prescribe all or any of the following things about the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for the scheme—\nrequirements with which the engagement or authorisation must comply, including, for example, the term of the engagement or authorisation;\nconsequences of not complying with the requirements mentioned in paragraph (a) ;\nextending or renewing the engagement or authorisation;\nparticular circumstances under which the engagement or authorisation may or may not be terminated or transferred, despite anything in the engagement or authorisation or in another agreement or arrangement;\ndisclosure requirements;\nprovisions about the occupation of common property for the engagement or authorisation, including whether the provisions are the only way in which the occupation may be authorised;\nmatters about a service contractor’s right of access over common property for performing obligations, other than an obligation to supply utility services, under the engagement.\nSubsection (3) applies to an engagement or authorisation if section 113 has previously applied to—\nthe engagement or authorisation; or\nthe extension of the term of the engagement or authorisation.\nThe regulation module applying to a community titles scheme may also provide for the payment of an amount to the body corporate by the service contractor or letting agent under the engagement or authorisation if any rights under the engagement or authorisation are transferred to another entity within a period prescribed under the regulation module.\ns 122 amd 1997 No. 78 s 14 ; 2003 No. 6 s 45 ; 2007 No. 11 s 3 sch\n(sec.122-ssec.1) The regulation module applying to a community titles scheme may prescribe all or any of the following things about the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for the scheme— requirements with which the engagement or authorisation must comply, including, for example, the term of the engagement or authorisation; consequences of not complying with the requirements mentioned in paragraph (a) ; extending or renewing the engagement or authorisation; particular circumstances under which the engagement or authorisation may or may not be terminated or transferred, despite anything in the engagement or authorisation or in another agreement or arrangement; disclosure requirements; provisions about the occupation of common property for the engagement or authorisation, including whether the provisions are the only way in which the occupation may be authorised; matters about a service contractor’s right of access over common property for performing obligations, other than an obligation to supply utility services, under the engagement.\n(sec.122-ssec.2) Subsection (3) applies to an engagement or authorisation if section 113 has previously applied to— the engagement or authorisation; or the extension of the term of the engagement or authorisation.\n(sec.122-ssec.3) The regulation module applying to a community titles scheme may also provide for the payment of an amount to the body corporate by the service contractor or letting agent under the engagement or authorisation if any rights under the engagement or authorisation are transferred to another entity within a period prescribed under the regulation module.\n- (a) requirements with which the engagement or authorisation must comply, including, for example, the term of the engagement or authorisation;\n- (b) consequences of not complying with the requirements mentioned in paragraph (a) ;\n- (c) extending or renewing the engagement or authorisation;\n- (d) particular circumstances under which the engagement or authorisation may or may not be terminated or transferred, despite anything in the engagement or authorisation or in another agreement or arrangement;\n- (e) disclosure requirements;\n- (f) provisions about the occupation of common property for the engagement or authorisation, including whether the provisions are the only way in which the occupation may be authorised;\n- (g) matters about a service contractor’s right of access over common property for performing obligations, other than an obligation to supply utility services, under the engagement.\n- (a) the engagement or authorisation; or\n- (b) the extension of the term of the engagement or authorisation.","sortOrder":206},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Protection for financier of contract","content":"## Protection for financier of contract","sortOrder":207},{"sectionNumber":"sec.123","sectionType":"section","heading":"Meaning of financier for div 4","content":"### sec.123 Meaning of financier for div 4\n\nFor this division, a person is a financier for a contract if a contractor for the contract and the person give written notice signed by each of them to the body corporate under the contract that the person is a financier for the contract.\nFor this division, a person stops being a financier for a contract if the person gives the body corporate under the contract a written notice withdrawing the notice given under subsection (1) .\nA notice under subsection (2) may be given without the contractor’s agreement.\nHowever, a person is a financier for the contract only if the person is—\na financial institution; or\na person who, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security; or\nif the contract is in existence immediately before the commencement—a person who, at the time the person supplied finance for a business acquisition, using a charge over the contract as the whole or part of the person’s security, was a person mentioned in paragraph (b) .\n(sec.123-ssec.1) For this division, a person is a financier for a contract if a contractor for the contract and the person give written notice signed by each of them to the body corporate under the contract that the person is a financier for the contract.\n(sec.123-ssec.2) For this division, a person stops being a financier for a contract if the person gives the body corporate under the contract a written notice withdrawing the notice given under subsection (1) .\n(sec.123-ssec.3) A notice under subsection (2) may be given without the contractor’s agreement.\n(sec.123-ssec.4) However, a person is a financier for the contract only if the person is— a financial institution; or a person who, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security; or if the contract is in existence immediately before the commencement—a person who, at the time the person supplied finance for a business acquisition, using a charge over the contract as the whole or part of the person’s security, was a person mentioned in paragraph (b) .\n- (a) a financial institution; or\n- (b) a person who, in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts as the whole or part of the person’s security; or\n- (c) if the contract is in existence immediately before the commencement—a person who, at the time the person supplied finance for a business acquisition, using a charge over the contract as the whole or part of the person’s security, was a person mentioned in paragraph (b) .","sortOrder":208},{"sectionNumber":"sec.124","sectionType":"section","heading":"Requirement for financier’s address for service","content":"### sec.124 Requirement for financier’s address for service\n\nThis section applies if a notice under section 123 given to a body corporate does not state the financier’s address for service for notices given by the body corporate under this division.\nThe financier must, as soon as practicable after the notice is given, give the body corporate a further written notice stating the address for service.\ns 124 ins 2003 No. 6 s 46\n(sec.124-ssec.1) This section applies if a notice under section 123 given to a body corporate does not state the financier’s address for service for notices given by the body corporate under this division.\n(sec.124-ssec.2) The financier must, as soon as practicable after the notice is given, give the body corporate a further written notice stating the address for service.","sortOrder":209},{"sectionNumber":"sec.125","sectionType":"section","heading":"Notice of changes affecting financed contract","content":"### sec.125 Notice of changes affecting financed contract\n\nIf the body corporate and a contractor for a financed contract change the contract or enter into an arrangement that affects the contract, the body corporate must give the financier written notice of the change or arrangement.\ns 125 ins 2003 No. 6 s 46","sortOrder":210},{"sectionNumber":"sec.126","sectionType":"section","heading":"Limitation on termination of financed contract","content":"### sec.126 Limitation on termination of financed contract\n\nThe body corporate under a financed contract may terminate the contract if—\nthe body corporate has given the financier for the contract written notice, addressed to the financier at the financier’s address for service, that the body corporate has the right to terminate the contract; and\nwhen the notice was given, circumstances existed under which the body corporate had the right to terminate the contract; and\nat least 21 days have passed since the notice was given.\nHowever, the body corporate can not terminate the contract if, under arrangements between the financier and the contractor for the contract, the financier—\nis acting under the contract in place of the contractor; or\nhas appointed a person as a receiver or receiver and manager for the contract.\nA financier may take the action mentioned in subsection (2) (a) or (b) only if the financier has previously given written notice to the body corporate of the financier’s intention to take the action.\nThe financier may authorise a person to act for the financier for subsection (2) (a) if—\nthe person is not the contractor or an associate of the contractor; and\nthe body corporate has first approved the person.\nFor deciding whether to approve a person under subsection (4) , the body corporate—\nmust act reasonably in the circumstances and as quickly as practicable; and\nmay have regard only to—\nthe character of the person; and\nthe competence, qualifications and experience of the person.\nHowever, the body corporate must not—\nunreasonably withhold approval of the person; or\nrequire or receive a fee or other consideration for approving the person, other than reimbursement for legal or administrative expenses reasonably incurred by the body corporate for the application for its approval.\nSubsection (2) does not operate to stop the body corporate from terminating the contract for something done or not done after the financier started to act under the subsection.\nNothing in this section stops the ending of a financed contract by the mutual agreement of the body corporate, the contractor and the financier.\nIn this section—\naddress for service , for a financier, means the financier’s address for service—\nfor notices given by the body corporate under this division; and\nstated in a notice given to the body corporate under section 123 or 124 .\ns 126 sub 2003 No. 6 s 47\namd 2005 No. 14 s 2 sch\n(sec.126-ssec.1) The body corporate under a financed contract may terminate the contract if— the body corporate has given the financier for the contract written notice, addressed to the financier at the financier’s address for service, that the body corporate has the right to terminate the contract; and when the notice was given, circumstances existed under which the body corporate had the right to terminate the contract; and at least 21 days have passed since the notice was given.\n(sec.126-ssec.2) However, the body corporate can not terminate the contract if, under arrangements between the financier and the contractor for the contract, the financier— is acting under the contract in place of the contractor; or has appointed a person as a receiver or receiver and manager for the contract.\n(sec.126-ssec.3) A financier may take the action mentioned in subsection (2) (a) or (b) only if the financier has previously given written notice to the body corporate of the financier’s intention to take the action.\n(sec.126-ssec.4) The financier may authorise a person to act for the financier for subsection (2) (a) if— the person is not the contractor or an associate of the contractor; and the body corporate has first approved the person.\n(sec.126-ssec.5) For deciding whether to approve a person under subsection (4) , the body corporate— must act reasonably in the circumstances and as quickly as practicable; and may have regard only to— the character of the person; and the competence, qualifications and experience of the person.\n(sec.126-ssec.6) However, the body corporate must not— unreasonably withhold approval of the person; or require or receive a fee or other consideration for approving the person, other than reimbursement for legal or administrative expenses reasonably incurred by the body corporate for the application for its approval.\n(sec.126-ssec.7) Subsection (2) does not operate to stop the body corporate from terminating the contract for something done or not done after the financier started to act under the subsection.\n(sec.126-ssec.8) Nothing in this section stops the ending of a financed contract by the mutual agreement of the body corporate, the contractor and the financier.\n(sec.126-ssec.9) In this section— address for service , for a financier, means the financier’s address for service— for notices given by the body corporate under this division; and stated in a notice given to the body corporate under section 123 or 124 .\n- (a) the body corporate has given the financier for the contract written notice, addressed to the financier at the financier’s address for service, that the body corporate has the right to terminate the contract; and\n- (b) when the notice was given, circumstances existed under which the body corporate had the right to terminate the contract; and\n- (c) at least 21 days have passed since the notice was given.\n- (a) is acting under the contract in place of the contractor; or\n- (b) has appointed a person as a receiver or receiver and manager for the contract.\n- (a) the person is not the contractor or an associate of the contractor; and\n- (b) the body corporate has first approved the person.\n- (a) must act reasonably in the circumstances and as quickly as practicable; and\n- (b) may have regard only to— (i) the character of the person; and (ii) the competence, qualifications and experience of the person.\n- (i) the character of the person; and\n- (ii) the competence, qualifications and experience of the person.\n- (i) the character of the person; and\n- (ii) the competence, qualifications and experience of the person.\n- (a) unreasonably withhold approval of the person; or\n- (b) require or receive a fee or other consideration for approving the person, other than reimbursement for legal or administrative expenses reasonably incurred by the body corporate for the application for its approval.\n- (a) for notices given by the body corporate under this division; and\n- (b) stated in a notice given to the body corporate under section 123 or 124 .","sortOrder":211},{"sectionNumber":"sec.127","sectionType":"section","heading":"Agreements between body corporate and financier prohibited","content":"### sec.127 Agreements between body corporate and financier prohibited\n\nA financier for a financed contract must not enter into an agreement or other arrangement with the body corporate under the contract for a matter about—\nthe role of the financier for the contract; or\narrangements entered into between the financier and contractor for the contract under which the financier is acting, or may act, under the contract in the place of the contractor; or\nthe operation of this division in relation to the contract.\nAn agreement or arrangement is void to the extent it contravenes this section.\ns 127 ins 2003 No. 6 s 47\n(sec.127-ssec.1) A financier for a financed contract must not enter into an agreement or other arrangement with the body corporate under the contract for a matter about— the role of the financier for the contract; or arrangements entered into between the financier and contractor for the contract under which the financier is acting, or may act, under the contract in the place of the contractor; or the operation of this division in relation to the contract.\n(sec.127-ssec.2) An agreement or arrangement is void to the extent it contravenes this section.\n- (a) the role of the financier for the contract; or\n- (b) arrangements entered into between the financier and contractor for the contract under which the financier is acting, or may act, under the contract in the place of the contractor; or\n- (c) the operation of this division in relation to the contract.","sortOrder":212},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Change of regulation module","content":"## Change of regulation module","sortOrder":213},{"sectionNumber":"sec.128","sectionType":"section","heading":"Change of regulation module","content":"### sec.128 Change of regulation module\n\nThis section applies to the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for a community titles scheme if—\na new community management statement is recorded in place of the existing statement for the scheme; and\nthe new statement identifies, as the regulation module applying to the scheme, a regulation module different from the regulation module (the existing regulation module ) identified in the existing statement.\nThe provisions of the existing regulation module applying to the engagement or authorisation continue to apply to the engagement or authorisation until the engagement or authorisation, including any renewal or extension of the engagement or authorisation, comes to an end.\n(sec.128-ssec.1) This section applies to the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for a community titles scheme if— a new community management statement is recorded in place of the existing statement for the scheme; and the new statement identifies, as the regulation module applying to the scheme, a regulation module different from the regulation module (the existing regulation module ) identified in the existing statement.\n(sec.128-ssec.2) The provisions of the existing regulation module applying to the engagement or authorisation continue to apply to the engagement or authorisation until the engagement or authorisation, including any renewal or extension of the engagement or authorisation, comes to an end.\n- (a) a new community management statement is recorded in place of the existing statement for the scheme; and\n- (b) the new statement identifies, as the regulation module applying to the scheme, a regulation module different from the regulation module (the existing regulation module ) identified in the existing statement.","sortOrder":214},{"sectionNumber":"ch.3-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":215},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 amd 1997 No. 78 s 15 ; 2003 No. 6 s 48 ; 2007 No. 11 s 11 (amdt could not be given effect)\nexp 30 June 2007 (see s 129(6))","sortOrder":216},{"sectionNumber":"ch.3-pt.2-div.7","sectionType":"division","heading":"Review of terms of service contracts","content":"## Review of terms of service contracts","sortOrder":217},{"sectionNumber":"sec.130","sectionType":"section","heading":"Review of terms of service contracts","content":"### sec.130 Review of terms of service contracts\n\nThis section applies if—\nthe body corporate for a community titles scheme—\nenters into a service contract with a person after the commencement of this section and within the original owner control period and the person’s term of engagement as the service contractor under the contract has not ended; or\nintends to extend or vary, before 1 January 2005, an existing service contract entered into between the body corporate and a person within the original owner control period; and\nthe original owner control period has ended.\nIf requested by the body corporate or person (each a reviewing party ), the reviewing parties must, as provided under this division and for the purpose mentioned in section 131 , review the terms of the contract that provide for—\nthe functions and powers of the person as the service contractor; or\nthe remuneration payable to the person as the service contractor.\nThe body corporate may make a request under subsection (2) only if the body corporate, by ordinary resolution, has authorised the making of the request.\nSubsection (2) (b) does not apply to an existing service contract if its terms that provide for the remuneration payable to the person as the service contractor have been reviewed by the reviewing parties before the commencement of this section.\nThe review applies to the contract even if the contract also provides for 1 or more of the following—\nthe person’s engagement as a body corporate manager;\nthe person’s authorisation as a letting agent.\nThe contract may be reviewed under this division only once.\ns 130 ins 2003 No. 6 s 49\n(sec.130-ssec.1) This section applies if— the body corporate for a community titles scheme— enters into a service contract with a person after the commencement of this section and within the original owner control period and the person’s term of engagement as the service contractor under the contract has not ended; or intends to extend or vary, before 1 January 2005, an existing service contract entered into between the body corporate and a person within the original owner control period; and the original owner control period has ended.\n(sec.130-ssec.2) If requested by the body corporate or person (each a reviewing party ), the reviewing parties must, as provided under this division and for the purpose mentioned in section 131 , review the terms of the contract that provide for— the functions and powers of the person as the service contractor; or the remuneration payable to the person as the service contractor.\n(sec.130-ssec.3) The body corporate may make a request under subsection (2) only if the body corporate, by ordinary resolution, has authorised the making of the request.\n(sec.130-ssec.4) Subsection (2) (b) does not apply to an existing service contract if its terms that provide for the remuneration payable to the person as the service contractor have been reviewed by the reviewing parties before the commencement of this section.\n(sec.130-ssec.5) The review applies to the contract even if the contract also provides for 1 or more of the following— the person’s engagement as a body corporate manager; the person’s authorisation as a letting agent.\n(sec.130-ssec.6) The contract may be reviewed under this division only once.\n- (a) the body corporate for a community titles scheme— (i) enters into a service contract with a person after the commencement of this section and within the original owner control period and the person’s term of engagement as the service contractor under the contract has not ended; or (ii) intends to extend or vary, before 1 January 2005, an existing service contract entered into between the body corporate and a person within the original owner control period; and\n- (i) enters into a service contract with a person after the commencement of this section and within the original owner control period and the person’s term of engagement as the service contractor under the contract has not ended; or\n- (ii) intends to extend or vary, before 1 January 2005, an existing service contract entered into between the body corporate and a person within the original owner control period; and\n- (b) the original owner control period has ended.\n- (i) enters into a service contract with a person after the commencement of this section and within the original owner control period and the person’s term of engagement as the service contractor under the contract has not ended; or\n- (ii) intends to extend or vary, before 1 January 2005, an existing service contract entered into between the body corporate and a person within the original owner control period; and\n- (a) the functions and powers of the person as the service contractor; or\n- (b) the remuneration payable to the person as the service contractor.\n- (a) the person’s engagement as a body corporate manager;\n- (b) the person’s authorisation as a letting agent.","sortOrder":218},{"sectionNumber":"sec.131","sectionType":"section","heading":"Purpose of review","content":"### sec.131 Purpose of review\n\nThe purpose of the review is to help the reviewing parties decide—\nif the terms mentioned in section 130 (2) (the reviewable terms ) are currently fair and reasonable; and\nif the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.\ns 131 ins 2003 No. 6 s 49\n- (a) if the terms mentioned in section 130 (2) (the reviewable terms ) are currently fair and reasonable; and\n- (b) if the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.","sortOrder":219},{"sectionNumber":"sec.132","sectionType":"section","heading":"Procedure for review","content":"### sec.132 Procedure for review\n\nWithin 2 months after requesting the review, the reviewing party who requested it must—\nobtain from an appropriate person independent written advice (the review advice ), based on the review criteria, about the matters mentioned in section 131 (a) and (b) ; and\ngive a copy of the advice to the other reviewing party.\na person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\nThe review must be carried out having regard to the review criteria.\nThe body corporate’s final decision about the outcome of the review must be made by ordinary resolution.\nThe review must be finished as soon as reasonably practicable after a copy of the review advice is given to a reviewing party under subsection (1) (b) and—\nbefore the term of the engagement as service contractor ends; and\nwithin the review period.\ns 132 prev s 132 amd 2003 No. 6 s 3 sch\nom 2003 No. 6 s 3 sch\ndef subsequent statement om 2003 No. 6 s 3 sch\npres s 132 ins 2003 No. 6 s 49\n(sec.132-ssec.1) Within 2 months after requesting the review, the reviewing party who requested it must— obtain from an appropriate person independent written advice (the review advice ), based on the review criteria, about the matters mentioned in section 131 (a) and (b) ; and give a copy of the advice to the other reviewing party. a person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\n(sec.132-ssec.2) The review must be carried out having regard to the review criteria.\n(sec.132-ssec.3) The body corporate’s final decision about the outcome of the review must be made by ordinary resolution.\n(sec.132-ssec.4) The review must be finished as soon as reasonably practicable after a copy of the review advice is given to a reviewing party under subsection (1) (b) and— before the term of the engagement as service contractor ends; and within the review period.\n- (a) obtain from an appropriate person independent written advice (the review advice ), based on the review criteria, about the matters mentioned in section 131 (a) and (b) ; and\n- (b) give a copy of the advice to the other reviewing party.\n- (a) before the term of the engagement as service contractor ends; and\n- (b) within the review period.","sortOrder":220},{"sectionNumber":"sec.133","sectionType":"section","heading":"Disputes arising out of review","content":"### sec.133 Disputes arising out of review\n\nThis section applies if a dispute arising out of a review carried out, or required to be carried out, under this division exists between the reviewing parties.\nA reviewing party may apply—\nunder chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\nas provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\nThe specialist adjudicator or QCAT must have regard to the review criteria in deciding the application.\nSubsection (5) applies if only 1 of the reviewing parties has carried out the review.\nA dispute is taken to exist between the reviewing parties, and to have arisen in the way mentioned in subsection (1) , if the reviewing party who carried out the review considers the reviewable terms are not currently fair and reasonable.\ns 133 ins 2003 No. 6 s 49\namd 2007 No. 11 s 12 ; 2009 No. 24 s 361\n(sec.133-ssec.1) This section applies if a dispute arising out of a review carried out, or required to be carried out, under this division exists between the reviewing parties.\n(sec.133-ssec.2) A reviewing party may apply— under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\n(sec.133-ssec.3) The specialist adjudicator or QCAT must have regard to the review criteria in deciding the application.\n(sec.133-ssec.4) Subsection (5) applies if only 1 of the reviewing parties has carried out the review.\n(sec.133-ssec.5) A dispute is taken to exist between the reviewing parties, and to have arisen in the way mentioned in subsection (1) , if the reviewing party who carried out the review considers the reviewable terms are not currently fair and reasonable.\n- (a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\n- (b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.","sortOrder":221},{"sectionNumber":"sec.134","sectionType":"section","heading":"Review criteria","content":"### sec.134 Review criteria\n\nThe review criteria are each of the following—\nthe appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties;\nwhether the reviewable terms impose conditions that—\nare unreasonably difficult to comply with; or\nare not necessary and reasonable for the protection of the legitimate interests of a reviewing party;\nthe consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party;\nwhether the reviewable terms are appropriate for the scheme;\nthe term of the engagement as service contractor and the period of the term remaining.\nThe review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme.\ns 134 ins 2003 No. 6 s 49\n(sec.134-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of a reviewing party; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party; whether the reviewable terms are appropriate for the scheme; the term of the engagement as service contractor and the period of the term remaining.\n(sec.134-ssec.2) The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme.\n- (a) the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties;\n- (b) whether the reviewable terms impose conditions that— (i) are unreasonably difficult to comply with; or (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;\n- (c) the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party;\n- (d) whether the reviewable terms are appropriate for the scheme;\n- (e) the term of the engagement as service contractor and the period of the term remaining.\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;","sortOrder":222},{"sectionNumber":"sec.135","sectionType":"section","heading":"Other provisions about review","content":"### sec.135 Other provisions about review\n\nA member of a body corporate can not vote, whether personally or by proxy, on a motion about a review of a service contract or existing service contract for which the member is the service contractor or an associate of the service contractor.\nA following matter can not be a ground for terminating the contract or changing the service contractor’s term of engagement under the contract—\nthe carrying out of a review under this division;\na change in the terms of the contract as a result of the review or an order of a specialist adjudicator or QCAT;\na dispute arising out of the review.\ns 135 ins 2003 No. 6 s 49\namd 2007 No. 11 s 13 ; 2009 No. 24 s 362\n(sec.135-ssec.1) A member of a body corporate can not vote, whether personally or by proxy, on a motion about a review of a service contract or existing service contract for which the member is the service contractor or an associate of the service contractor.\n(sec.135-ssec.2) A following matter can not be a ground for terminating the contract or changing the service contractor’s term of engagement under the contract— the carrying out of a review under this division; a change in the terms of the contract as a result of the review or an order of a specialist adjudicator or QCAT; a dispute arising out of the review.\n- (a) the carrying out of a review under this division;\n- (b) a change in the terms of the contract as a result of the review or an order of a specialist adjudicator or QCAT;\n- (c) a dispute arising out of the review.","sortOrder":223},{"sectionNumber":"ch.3-pt.2-div.8","sectionType":"division","heading":"Required transfer of letting agent’s management rights","content":"## Required transfer of letting agent’s management rights","sortOrder":224},{"sectionNumber":"sec.136","sectionType":"section","heading":"Application of div 8","content":"### sec.136 Application of div 8\n\nThis division applies to a community titles scheme if—\nit is not a community titles scheme in relation to which a serviced strata arrangement or scheme under the Corporations Act is in operation; and\nit is a community titles scheme for which the original owner control period has ended.\ns 136 ins 2003 No. 6 s 49\n- (a) it is not a community titles scheme in relation to which a serviced strata arrangement or scheme under the Corporations Act is in operation; and\n- (b) it is a community titles scheme for which the original owner control period has ended.","sortOrder":225},{"sectionNumber":"sec.137","sectionType":"section","heading":"Effect of div 8 on other provisions","content":"### sec.137 Effect of div 8 on other provisions\n\nDivision 4 does not apply to the termination of a contract under this division.\nThe provisions of a letting agent authorisation or service contract providing for its transfer or termination are void to the extent the provisions are inconsistent with this division.\ns 137 ins 2003 No. 6 s 49\n(sec.137-ssec.1) Division 4 does not apply to the termination of a contract under this division.\n(sec.137-ssec.2) The provisions of a letting agent authorisation or service contract providing for its transfer or termination are void to the extent the provisions are inconsistent with this division.","sortOrder":226},{"sectionNumber":"sec.138","sectionType":"section","heading":"Grounds for requiring transfer","content":"### sec.138 Grounds for requiring transfer\n\nThe body corporate may require the transfer of the letting agent’s management rights under this division based on either of the following grounds—\nthe letting agent failed to comply with a code contravention notice;\nthe body corporate reasonably believes the letting agent, after being given the notice, contravened a provision of the code of conduct for—\nletting agents; or\nbody corporate managers and caretaking service contractors.\nSee schedule 2 for the code of conduct for body corporate managers and caretaking service contractors and schedule 3 for the code of conduct for letting agents.\ns 138 ins 2003 No. 6 s 49\n- (a) the letting agent failed to comply with a code contravention notice;\n- (b) the body corporate reasonably believes the letting agent, after being given the notice, contravened a provision of the code of conduct for— (i) letting agents; or (ii) body corporate managers and caretaking service contractors. Note— See schedule 2 for the code of conduct for body corporate managers and caretaking service contractors and schedule 3 for the code of conduct for letting agents.\n- (i) letting agents; or\n- (ii) body corporate managers and caretaking service contractors.\n- (i) letting agents; or\n- (ii) body corporate managers and caretaking service contractors.","sortOrder":227},{"sectionNumber":"sec.139","sectionType":"section","heading":"Code contravention notice","content":"### sec.139 Code contravention notice\n\nThe body corporate must, if required by ordinary resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme, give the letting agent a signed notice under this section (a code contravention notice ).\nThe code contravention notice must state—\nthat the body corporate believes the person has or is contravening a provision of the code of conduct for—\nletting agents; or\nbody corporate managers and caretaking service contractors; and\nthe provision the body corporate believes has been or is being contravened; and\ndetails sufficient to identify the contravention; and\nthe reasonable period within which the letting agent must remedy the contravention; and\nthat the body corporate may, without further notice, give the letting agent a transfer notice if—\nthe letting agent does not comply with the code contravention notice; or\nthe body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .\ns 139 ins 2003 No. 6 s 49\n(sec.139-ssec.1) The body corporate must, if required by ordinary resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme, give the letting agent a signed notice under this section (a code contravention notice ).\n(sec.139-ssec.2) The code contravention notice must state— that the body corporate believes the person has or is contravening a provision of the code of conduct for— letting agents; or body corporate managers and caretaking service contractors; and the provision the body corporate believes has been or is being contravened; and details sufficient to identify the contravention; and the reasonable period within which the letting agent must remedy the contravention; and that the body corporate may, without further notice, give the letting agent a transfer notice if— the letting agent does not comply with the code contravention notice; or the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (a) that the body corporate believes the person has or is contravening a provision of the code of conduct for— (i) letting agents; or (ii) body corporate managers and caretaking service contractors; and\n- (i) letting agents; or\n- (ii) body corporate managers and caretaking service contractors; and\n- (b) the provision the body corporate believes has been or is being contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) the reasonable period within which the letting agent must remedy the contravention; and\n- (e) that the body corporate may, without further notice, give the letting agent a transfer notice if— (i) the letting agent does not comply with the code contravention notice; or (ii) the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (i) the letting agent does not comply with the code contravention notice; or\n- (ii) the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .\n- (i) letting agents; or\n- (ii) body corporate managers and caretaking service contractors; and\n- (i) the letting agent does not comply with the code contravention notice; or\n- (ii) the body corporate reasonably believes the letting agent, after being given the notice, has contravened a provision of a code mentioned in paragraph (a) .","sortOrder":228},{"sectionNumber":"sec.140","sectionType":"section","heading":"Requirement for transfer","content":"### sec.140 Requirement for transfer\n\nThe letting agent must transfer the letting agent’s management rights for the scheme if—\na ground exists for the body corporate to require the transfer; and\nthe body corporate—\nby majority resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme requires the transfer; and\ngives written notice of the requirement (the transfer notice ) to the letting agent.\ns 140 ins 2003 No. 6 s 49\n- (a) a ground exists for the body corporate to require the transfer; and\n- (b) the body corporate— (i) by majority resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme requires the transfer; and (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.\n- (i) by majority resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme requires the transfer; and\n- (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.\n- (i) by majority resolution decided by secret ballot conducted in the way prescribed under the regulation module applying to the scheme requires the transfer; and\n- (ii) gives written notice of the requirement (the transfer notice ) to the letting agent.","sortOrder":229},{"sectionNumber":"sec.141","sectionType":"section","heading":"Transfer—letting agent’s choice of transferee","content":"### sec.141 Transfer—letting agent’s choice of transferee\n\nThe letting agent must transfer the management rights—\nwithin the following period after the transfer notice is given to the letting agent—\nif section 147 does not apply—9 months;\nif section 147 applies—11 months; and\nto a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\nFor deciding whether to approve a person under subsection (1) (b) , the body corporate—\nmust act reasonably and as quickly as practicable; and\nmay have regard only to the person’s—\ncharacter; and\nfinancial standing; and\ncompetence, qualifications and experience.\nHowever, the body corporate must not—\nunreasonably withhold approval of the person; or\nrequire or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to the application for its approval.\nMaximum penalty for subsection (3) —50 penalty units.\nIf the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.\ns 141 ins 2003 No. 6 s 49\n(sec.141-ssec.1) The letting agent must transfer the management rights— within the following period after the transfer notice is given to the letting agent— if section 147 does not apply—9 months; if section 147 applies—11 months; and to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\n(sec.141-ssec.2) For deciding whether to approve a person under subsection (1) (b) , the body corporate— must act reasonably and as quickly as practicable; and may have regard only to the person’s— character; and financial standing; and competence, qualifications and experience.\n(sec.141-ssec.3) However, the body corporate must not— unreasonably withhold approval of the person; or require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to the application for its approval. Maximum penalty for subsection (3) —50 penalty units.\n(sec.141-ssec.4) If the letting agent transfers the management rights to a person who is not approved by the body corporate, the transfer is of no effect.\n- (a) within the following period after the transfer notice is given to the letting agent— (i) if section 147 does not apply—9 months; (ii) if section 147 applies—11 months; and\n- (i) if section 147 does not apply—9 months;\n- (ii) if section 147 applies—11 months; and\n- (b) to a person, other than an associate of the letting agent, chosen by the letting agent and approved by the body corporate.\n- (i) if section 147 does not apply—9 months;\n- (ii) if section 147 applies—11 months; and\n- (a) must act reasonably and as quickly as practicable; and\n- (b) may have regard only to the person’s— (i) character; and (ii) financial standing; and (iii) competence, qualifications and experience.\n- (i) character; and\n- (ii) financial standing; and\n- (iii) competence, qualifications and experience.\n- (i) character; and\n- (ii) financial standing; and\n- (iii) competence, qualifications and experience.\n- (a) unreasonably withhold approval of the person; or\n- (b) require or receive a fee or other consideration for approving the person, other than reimbursement for legal expenses reasonably incurred by the body corporate in relation to the application for its approval.","sortOrder":230},{"sectionNumber":"sec.142","sectionType":"section","heading":"Giving financier copy of transfer notice","content":"### sec.142 Giving financier copy of transfer notice\n\nWhen the body corporate gives the transfer notice to the letting agent, the body corporate must give a copy of it to each person who is a financier for a contract of the letting agent under section 123 .\ns 142 ins 2003 No. 6 s 49","sortOrder":231},{"sectionNumber":"sec.143","sectionType":"section","heading":"Transfer—body corporate’s choice of transferee","content":"### sec.143 Transfer—body corporate’s choice of transferee\n\nIf the letting agent does not transfer the management rights as required under section 141 , the letting agent must transfer the management rights—\nto a replacement letting agent chosen by the committee for the body corporate and named in a written notice given by the committee to the letting agent; and\nat the price stated in the notice; and\nwithin the period, of at least 2 months after the notice is given, stated in the notice.\nThe price stated must be 1 of the following—\nthe average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights;\nthe highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction—\nconducted at the request of the body corporate; and\nof which at least 60 days notice was given;\nthe highest amount tendered, excluding by tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts made by the body corporate to market the management rights for at least 60 days.\nThe letting agent must pay to the body corporate, from the proceeds of the sale, the reasonable costs incurred by the body corporate under subsection (2) .\ns 143 ins 2003 No. 6 s 49\n(sec.143-ssec.1) If the letting agent does not transfer the management rights as required under section 141 , the letting agent must transfer the management rights— to a replacement letting agent chosen by the committee for the body corporate and named in a written notice given by the committee to the letting agent; and at the price stated in the notice; and within the period, of at least 2 months after the notice is given, stated in the notice.\n(sec.143-ssec.2) The price stated must be 1 of the following— the average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights; the highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction— conducted at the request of the body corporate; and of which at least 60 days notice was given; the highest amount tendered, excluding by tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts made by the body corporate to market the management rights for at least 60 days.\n(sec.143-ssec.3) The letting agent must pay to the body corporate, from the proceeds of the sale, the reasonable costs incurred by the body corporate under subsection (2) .\n- (a) to a replacement letting agent chosen by the committee for the body corporate and named in a written notice given by the committee to the letting agent; and\n- (b) at the price stated in the notice; and\n- (c) within the period, of at least 2 months after the notice is given, stated in the notice.\n- (a) the average of 2 valuations, obtained by the body corporate from 2 independent registered valuers, stating the value of the management rights;\n- (b) the highest bid for the management rights, excluding a bid by the letting agent or an associate of the letting agent, made at an auction— (i) conducted at the request of the body corporate; and (ii) of which at least 60 days notice was given;\n- (i) conducted at the request of the body corporate; and\n- (ii) of which at least 60 days notice was given;\n- (c) the highest amount tendered, excluding by tender by the letting agent or an associate of the letting agent, for the management rights after reasonable efforts made by the body corporate to market the management rights for at least 60 days.\n- (i) conducted at the request of the body corporate; and\n- (ii) of which at least 60 days notice was given;","sortOrder":232},{"sectionNumber":"sec.144","sectionType":"section","heading":"Terms of service contract on transfer","content":"### sec.144 Terms of service contract on transfer\n\nThis section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 141 or 143 .\nUnless the body corporate and transferee agree otherwise, the terms of the transferred service contract are—\nthe terms applying to the service contract under subsection (3) ; or\nif paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\nThe terms of the transferred service contract are the existing terms as changed under a review advice about the contract if—\nthe review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\nthe body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .\ns 144 ins 2003 No. 6 s 49\n(sec.144-ssec.1) This section applies to a service contract (the transferred service contract ) transferred to a person (the transferee ) under section 141 or 143 .\n(sec.144-ssec.2) Unless the body corporate and transferee agree otherwise, the terms of the transferred service contract are— the terms applying to the service contract under subsection (3) ; or if paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\n(sec.144-ssec.3) The terms of the transferred service contract are the existing terms as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .\n- (a) the terms applying to the service contract under subsection (3) ; or\n- (b) if paragraph (a) does not apply—the terms applying to the service contract immediately before the transfer (the existing terms ).\n- (a) the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\n- (b) the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .","sortOrder":233},{"sectionNumber":"sec.145","sectionType":"section","heading":"Termination of letting agent authorisation if management rights not transferred","content":"### sec.145 Termination of letting agent authorisation if management rights not transferred\n\nIf the letting agent does not transfer the management rights as required under section 143 , the body corporate may terminate the letting agent’s authorisation under the regulation module applying to the scheme.\ns 145 ins 2003 No. 6 s 49","sortOrder":234},{"sectionNumber":"sec.146","sectionType":"section","heading":"Termination and replacement of letting agent authorisation and service contract in particular circumstances","content":"### sec.146 Termination and replacement of letting agent authorisation and service contract in particular circumstances\n\nThis section applies if the remainder of the term of the letting agent’s authorisation (the transferred authorisation ), including any rights or options of extension or renewal, is less than 7 years when transferred to a person (the transferee ) under this division.\nIf the authorisation was given for a term of 5 years with 4 rights of renewal of 5 years each and 5 years have expired, the remainder of the term is 20 years.\nOn the transfer—\nthe transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and\nthe body corporate must—\nauthorise the transferee to conduct a letting agent business for the scheme; and\nif a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\nThe authorisation and engagement must be given for a term of 9 years starting immediately after the transfer.\nSubject to subsection (3) —\nthe authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and\nunless the body corporate and transferee agree otherwise, the engagement must be given on—\nthe terms applying to the transferred service contract under subsection (5) ; or\nif subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\nThe engagement must be given on the existing terms of the transferred service contract as changed under a review advice about the contract if—\nthe review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\nthe body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .\ns 146 ins 2003 No. 6 s 49\n(sec.146-ssec.1) This section applies if the remainder of the term of the letting agent’s authorisation (the transferred authorisation ), including any rights or options of extension or renewal, is less than 7 years when transferred to a person (the transferee ) under this division. If the authorisation was given for a term of 5 years with 4 rights of renewal of 5 years each and 5 years have expired, the remainder of the term is 20 years.\n(sec.146-ssec.2) On the transfer— the transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and the body corporate must— authorise the transferee to conduct a letting agent business for the scheme; and if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n(sec.146-ssec.3) The authorisation and engagement must be given for a term of 9 years starting immediately after the transfer.\n(sec.146-ssec.4) Subject to subsection (3) — the authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and unless the body corporate and transferee agree otherwise, the engagement must be given on— the terms applying to the transferred service contract under subsection (5) ; or if subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n(sec.146-ssec.5) The engagement must be given on the existing terms of the transferred service contract as changed under a review advice about the contract if— the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .\n- (a) the transferred authorisation and any service contract (the transferred service contract ) forming part of the transferred management rights terminate; and\n- (b) the body corporate must— (i) authorise the transferee to conduct a letting agent business for the scheme; and (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (i) authorise the transferee to conduct a letting agent business for the scheme; and\n- (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (i) authorise the transferee to conduct a letting agent business for the scheme; and\n- (ii) if a service contract formed part of the transferred management rights—engage the transferee as a service contractor.\n- (a) the authorisation must be given on the terms applying to the transferred authorisation immediately before the transfer; and\n- (b) unless the body corporate and transferee agree otherwise, the engagement must be given on— (i) the terms applying to the transferred service contract under subsection (5) ; or (ii) if subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (i) the terms applying to the transferred service contract under subsection (5) ; or\n- (ii) if subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (i) the terms applying to the transferred service contract under subsection (5) ; or\n- (ii) if subparagraph (i) does not apply—the terms applying to the transferred service contract immediately before the transfer (the existing terms ).\n- (a) the review advice states how the contract’s reviewable terms should be changed to ensure they are fair and reasonable; and\n- (b) the body corporate gave the letting agent a copy of the review advice as required under section 149 (1) .","sortOrder":235},{"sectionNumber":"sec.147","sectionType":"section","heading":"Reviewing terms of service contract","content":"### sec.147 Reviewing terms of service contract\n\nThis section applies if—\nthe letting agent’s management rights include a service contract; and\nwhen the body corporate passes the majority resolution mentioned in section 140 , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\nWithin 1 month after the review motion is passed, the body corporate must obtain the review advice from an independent appropriate person.\na person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\nThe review advice must be based on the review criteria stated in section 148 .\nThis section applies to the contract even if the contract also provides for either or both of the following—\nthe letting agent’s engagement as a body corporate manager;\nthe letting agent’s authorisation as a letting agent.\ns 147 ins 2003 No. 6 s 49\n(sec.147-ssec.1) This section applies if— the letting agent’s management rights include a service contract; and when the body corporate passes the majority resolution mentioned in section 140 , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\n(sec.147-ssec.2) Within 1 month after the review motion is passed, the body corporate must obtain the review advice from an independent appropriate person. a person who, in the ordinary course of the person’s business, has knowledge of the functions and powers of service contractors and the remuneration for performing the functions and powers\n(sec.147-ssec.3) The review advice must be based on the review criteria stated in section 148 .\n(sec.147-ssec.4) This section applies to the contract even if the contract also provides for either or both of the following— the letting agent’s engagement as a body corporate manager; the letting agent’s authorisation as a letting agent.\n- (a) the letting agent’s management rights include a service contract; and\n- (b) when the body corporate passes the majority resolution mentioned in section 140 , the body corporate also passes, by ordinary resolution, a motion (a review motion ) that a review advice about the service contract be obtained.\n- (a) the letting agent’s engagement as a body corporate manager;\n- (b) the letting agent’s authorisation as a letting agent.","sortOrder":236},{"sectionNumber":"sec.148","sectionType":"section","heading":"Review criteria","content":"### sec.148 Review criteria\n\nThe review criteria are each of the following—\nthe appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the service contractor;\nwhether the reviewable terms impose conditions that—\nare unreasonably difficult to comply with; or\nare not necessary and reasonable for the protection of the legitimate interests of the body corporate or the service contractor;\nthe consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or the service contractor;\nwhether the reviewable terms are appropriate for the scheme;\nthe term of the engagement as service contractor and the period of the term remaining.\nThe review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme.\ns 148 ins 2003 No. 6 s 49\n(sec.148-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the service contractor; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of the body corporate or the service contractor; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or the service contractor; whether the reviewable terms are appropriate for the scheme; the term of the engagement as service contractor and the period of the term remaining.\n(sec.148-ssec.2) The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme.\n- (a) the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the body corporate and the service contractor;\n- (b) whether the reviewable terms impose conditions that— (i) are unreasonably difficult to comply with; or (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or the service contractor;\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or the service contractor;\n- (c) the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to the body corporate or the service contractor;\n- (d) whether the reviewable terms are appropriate for the scheme;\n- (e) the term of the engagement as service contractor and the period of the term remaining.\n- (i) are unreasonably difficult to comply with; or\n- (ii) are not necessary and reasonable for the protection of the legitimate interests of the body corporate or the service contractor;","sortOrder":237},{"sectionNumber":"sec.149","sectionType":"section","heading":"Giving copy of review advice to letting agent and prospective buyer of management rights","content":"### sec.149 Giving copy of review advice to letting agent and prospective buyer of management rights\n\nWithin 14 days after obtaining the review advice, the body corporate must give a copy of it to the letting agent.\nIf requested by a prospective buyer of the letting agent’s management rights, the body corporate must give a copy of the review advice to the prospective buyer.\ns 149 ins 2003 No. 6 s 49\n(sec.149-ssec.1) Within 14 days after obtaining the review advice, the body corporate must give a copy of it to the letting agent.\n(sec.149-ssec.2) If requested by a prospective buyer of the letting agent’s management rights, the body corporate must give a copy of the review advice to the prospective buyer.","sortOrder":238},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Specialist adjudication or QCAT jurisdiction","content":"### sec.149A Specialist adjudication or QCAT jurisdiction\n\nA party to a dispute about the transfer, under this division, of a letting agent’s management rights may apply—\nunder chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\nas provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\ns 149A ins 2007 No. 11 s 14\namd 2009 No. 24 s 364\n- (a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\n- (b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.","sortOrder":239},{"sectionNumber":"ch.3-pt.2-div.9","sectionType":"division","heading":"Disputes about contractual matters","content":"## Disputes about contractual matters","sortOrder":240},{"sectionNumber":"sec.149B","sectionType":"section","heading":"Specialist adjudication or QCAT jurisdiction","content":"### sec.149B Specialist adjudication or QCAT jurisdiction\n\nThis section applies to a dispute about a claimed or anticipated contractual matter about—\nthe engagement of a person as a body corporate manager or caretaking service contractor for a community titles scheme; or\nthe authorisation of a person as a letting agent for a community titles scheme.\nA party to the dispute may apply—\nunder chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\nas provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\ns 149B ins 2007 No. 11 s 14\namd 2009 No. 24 s 364\n(sec.149B-ssec.1) This section applies to a dispute about a claimed or anticipated contractual matter about— the engagement of a person as a body corporate manager or caretaking service contractor for a community titles scheme; or the authorisation of a person as a letting agent for a community titles scheme.\n(sec.149B-ssec.2) A party to the dispute may apply— under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\n- (a) the engagement of a person as a body corporate manager or caretaking service contractor for a community titles scheme; or\n- (b) the authorisation of a person as a letting agent for a community titles scheme.\n- (a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\n- (b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.","sortOrder":241},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Financial and property management","content":"# Financial and property management","sortOrder":242},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Financial management","content":"## Financial management","sortOrder":243},{"sectionNumber":"sec.150","sectionType":"section","heading":"Financial management arrangements","content":"### sec.150 Financial management arrangements\n\nSubject to section 151 , the financial management arrangements applying to a community titles scheme are those stated in the regulation module applying to the scheme.\nWithout limiting subsection (1) , the regulation module applying to a community titles scheme may provide for financial arrangements about the following—\nthe budget of the body corporate;\nlevying lot owners for contributions, including contributions of an interim nature for the period from the end of a financial year to 30 days after the annual general meeting for the next financial year;\ndiscounts and penalties relating to the payment of contributions;\nrecovery of unpaid contributions;\nfunds to be kept by the body corporate;\npowers and restrictions relating to borrowing;\napplication of amounts in funds;\nspending limitations applying to the body corporate, and spending limitations applying to the committee for the body corporate;\nkeeping accounts and preparing statements of accounts;\nauditing of statements of accounts by an auditor.\nTo avoid doubt, it is declared that the financial management arrangements contained in a regulation module applying to a community titles scheme may impose obligations and limitations on both the body corporate (including the committee for the body corporate) and lot owners.\ns 150 amd 1997 No. 78 s 16 ; 2003 No. 6 s 50\n(sec.150-ssec.1) Subject to section 151 , the financial management arrangements applying to a community titles scheme are those stated in the regulation module applying to the scheme.\n(sec.150-ssec.2) Without limiting subsection (1) , the regulation module applying to a community titles scheme may provide for financial arrangements about the following— the budget of the body corporate; levying lot owners for contributions, including contributions of an interim nature for the period from the end of a financial year to 30 days after the annual general meeting for the next financial year; discounts and penalties relating to the payment of contributions; recovery of unpaid contributions; funds to be kept by the body corporate; powers and restrictions relating to borrowing; application of amounts in funds; spending limitations applying to the body corporate, and spending limitations applying to the committee for the body corporate; keeping accounts and preparing statements of accounts; auditing of statements of accounts by an auditor.\n(sec.150-ssec.3) To avoid doubt, it is declared that the financial management arrangements contained in a regulation module applying to a community titles scheme may impose obligations and limitations on both the body corporate (including the committee for the body corporate) and lot owners.\n- (a) the budget of the body corporate;\n- (b) levying lot owners for contributions, including contributions of an interim nature for the period from the end of a financial year to 30 days after the annual general meeting for the next financial year;\n- (c) discounts and penalties relating to the payment of contributions;\n- (d) recovery of unpaid contributions;\n- (e) funds to be kept by the body corporate;\n- (f) powers and restrictions relating to borrowing;\n- (g) application of amounts in funds;\n- (h) spending limitations applying to the body corporate, and spending limitations applying to the committee for the body corporate;\n- (i) keeping accounts and preparing statements of accounts;\n- (j) auditing of statements of accounts by an auditor.","sortOrder":244},{"sectionNumber":"sec.151","sectionType":"section","heading":"Body corporate’s financial institution accounts","content":"### sec.151 Body corporate’s financial institution accounts\n\nThis section applies to a financial institution account opened for a body corporate on or after the commencement of this section.\nThe account must be opened with the consent, and in the name, of the body corporate.\nIf the body corporate manager’s contract of engagement requires or authorises the body corporate manager or an associate of the body corporate manager to operate the account for the body corporate, the account must provide for it to be operated for the body corporate by any of the following—\nthe body corporate manager or associate;\nthe authorised members acting jointly.\nIf subsection (3) does not apply, the account must provide for it to be operated jointly for the body corporate by the authorised members.\nIf the body corporate gives the financial institution written notice in the approved form that the body corporate manager’s contract of engagement has ended—\nthe financial institution must not allow the person or the person’s associate to operate the account; and\nthe account is taken to provide for it to be operated for the body corporate by a person nominated by the body corporate and stated in the notice.\nIn this section—\nauthorised members , for operating a financial institution account of the body corporate, means—\nfor a community titles scheme in which all the lots are in identical ownership—\nthe individual who is the owner; or\na nominee of the owner; or\nfor a community titles scheme other than a small scheme or a specified two-lot scheme—at least 2 members of the committee for the body corporate who are authorised by the body corporate to operate the account; or\nfor a small scheme—at least 1 member of the committee for the body corporate who is authorised by the body corporate to operate the account; or\nfor a specified two-lot scheme—at least 1 person, other than a body corporate manager for the scheme or an associate of the manager, who is authorised by the body corporate, by a lot owner agreement, to operate the account.\ns 151 ins 2003 No. 6 s 51\namd 2011 No. 9 s 19\n(sec.151-ssec.1) This section applies to a financial institution account opened for a body corporate on or after the commencement of this section.\n(sec.151-ssec.2) The account must be opened with the consent, and in the name, of the body corporate.\n(sec.151-ssec.3) If the body corporate manager’s contract of engagement requires or authorises the body corporate manager or an associate of the body corporate manager to operate the account for the body corporate, the account must provide for it to be operated for the body corporate by any of the following— the body corporate manager or associate; the authorised members acting jointly.\n(sec.151-ssec.4) If subsection (3) does not apply, the account must provide for it to be operated jointly for the body corporate by the authorised members.\n(sec.151-ssec.5) If the body corporate gives the financial institution written notice in the approved form that the body corporate manager’s contract of engagement has ended— the financial institution must not allow the person or the person’s associate to operate the account; and the account is taken to provide for it to be operated for the body corporate by a person nominated by the body corporate and stated in the notice.\n(sec.151-ssec.6) In this section— authorised members , for operating a financial institution account of the body corporate, means— for a community titles scheme in which all the lots are in identical ownership— the individual who is the owner; or a nominee of the owner; or for a community titles scheme other than a small scheme or a specified two-lot scheme—at least 2 members of the committee for the body corporate who are authorised by the body corporate to operate the account; or for a small scheme—at least 1 member of the committee for the body corporate who is authorised by the body corporate to operate the account; or for a specified two-lot scheme—at least 1 person, other than a body corporate manager for the scheme or an associate of the manager, who is authorised by the body corporate, by a lot owner agreement, to operate the account.\n- (a) the body corporate manager or associate;\n- (b) the authorised members acting jointly.\n- (a) the financial institution must not allow the person or the person’s associate to operate the account; and\n- (b) the account is taken to provide for it to be operated for the body corporate by a person nominated by the body corporate and stated in the notice.\n- (a) for a community titles scheme in which all the lots are in identical ownership— (i) the individual who is the owner; or (ii) a nominee of the owner; or\n- (i) the individual who is the owner; or\n- (ii) a nominee of the owner; or\n- (b) for a community titles scheme other than a small scheme or a specified two-lot scheme—at least 2 members of the committee for the body corporate who are authorised by the body corporate to operate the account; or\n- (c) for a small scheme—at least 1 member of the committee for the body corporate who is authorised by the body corporate to operate the account; or\n- (d) for a specified two-lot scheme—at least 1 person, other than a body corporate manager for the scheme or an associate of the manager, who is authorised by the body corporate, by a lot owner agreement, to operate the account.\n- (i) the individual who is the owner; or\n- (ii) a nominee of the owner; or","sortOrder":245},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Property management","content":"## Property management","sortOrder":246},{"sectionNumber":"sec.152","sectionType":"section","heading":"Body corporate’s duties about common property etc.","content":"### sec.152 Body corporate’s duties about common property etc.\n\nThe body corporate for a community titles scheme must—\nadminister, manage and control the common property and body corporate assets reasonably and for the benefit of lot owners; and\ncomply with the obligations with regard to common property and body corporate assets imposed under the regulation module applying to the scheme.\nNothing in this part, or in a regulation made under this part, stops—\nan item of personal property that is a body corporate asset from becoming part of the common property because of its physical incorporation with common property; or\na part of common property from becoming a body corporate asset because of its physical separation from common property.\n(sec.152-ssec.1) The body corporate for a community titles scheme must— administer, manage and control the common property and body corporate assets reasonably and for the benefit of lot owners; and comply with the obligations with regard to common property and body corporate assets imposed under the regulation module applying to the scheme.\n(sec.152-ssec.2) Nothing in this part, or in a regulation made under this part, stops— an item of personal property that is a body corporate asset from becoming part of the common property because of its physical incorporation with common property; or a part of common property from becoming a body corporate asset because of its physical separation from common property.\n- (a) administer, manage and control the common property and body corporate assets reasonably and for the benefit of lot owners; and\n- (b) comply with the obligations with regard to common property and body corporate assets imposed under the regulation module applying to the scheme.\n- (a) an item of personal property that is a body corporate asset from becoming part of the common property because of its physical incorporation with common property; or\n- (b) a part of common property from becoming a body corporate asset because of its physical separation from common property.","sortOrder":247},{"sectionNumber":"sec.153","sectionType":"section","heading":"Mail box and notice board","content":"### sec.153 Mail box and notice board\n\nThe body corporate for a community titles scheme must comply with the mail box and notice board requirements prescribed under the regulation module applying to the scheme.","sortOrder":248},{"sectionNumber":"sec.154","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property","content":"### sec.154 Disposal of interest in and leasing or licensing of common property\n\nThe body corporate for a community titles scheme may sell or otherwise dispose of common property in the way, and to the extent, authorised under the regulation module applying to the scheme.\nThe body corporate may grant or amend a lease or licence over common property in the way, and to the extent, authorised under the regulation module applying to the scheme.\n(sec.154-ssec.1) The body corporate for a community titles scheme may sell or otherwise dispose of common property in the way, and to the extent, authorised under the regulation module applying to the scheme.\n(sec.154-ssec.2) The body corporate may grant or amend a lease or licence over common property in the way, and to the extent, authorised under the regulation module applying to the scheme.","sortOrder":249},{"sectionNumber":"sec.155","sectionType":"section","heading":"Easements","content":"### sec.155 Easements\n\nThe body corporate for a community titles scheme may grant an easement over the common property, or accept the grant of an easement for the benefit of the common property, in the way, and to the extent, authorised under the regulation module applying to the scheme.\nThe body corporate may surrender an easement that is for the benefit of the common property, or accept the surrender of an easement over the common property, in the way, and to the extent, authorised under the regulation module applying to the scheme.\n(sec.155-ssec.1) The body corporate for a community titles scheme may grant an easement over the common property, or accept the grant of an easement for the benefit of the common property, in the way, and to the extent, authorised under the regulation module applying to the scheme.\n(sec.155-ssec.2) The body corporate may surrender an easement that is for the benefit of the common property, or accept the surrender of an easement over the common property, in the way, and to the extent, authorised under the regulation module applying to the scheme.","sortOrder":250},{"sectionNumber":"sec.156","sectionType":"section","heading":"Acquisition of amenities for benefit of lot owners","content":"### sec.156 Acquisition of amenities for benefit of lot owners\n\nThe body corporate for a community titles scheme may acquire, and enter into agreements about the use of, real and personal property in the way, and to the extent, authorised under the regulation module applying to the scheme.\nThis section does not apply to agreements about common property.\n(sec.156-ssec.1) The body corporate for a community titles scheme may acquire, and enter into agreements about the use of, real and personal property in the way, and to the extent, authorised under the regulation module applying to the scheme.\n(sec.156-ssec.2) This section does not apply to agreements about common property.","sortOrder":251},{"sectionNumber":"sec.157","sectionType":"section","heading":"Dealing with (including disposing of) interest in body corporate asset","content":"### sec.157 Dealing with (including disposing of) interest in body corporate asset\n\nThe body corporate for a community titles scheme may deal with (including dispose of) body corporate assets in the way, and to the extent, authorised under the regulation module applying to the scheme.","sortOrder":252},{"sectionNumber":"sec.158","sectionType":"section","heading":"Supply of services by body corporate","content":"### sec.158 Supply of services by body corporate\n\nThe body corporate for a community titles scheme may supply, or engage another person to supply, services for the benefit of owners and occupiers of lots in the way, and to the extent, authorised under the regulation module applying to the scheme.\nA body corporate is not permitted to carry on a business—see section 96 .\ns 158 amd 2011 No. 9 s 3 sch","sortOrder":253},{"sectionNumber":"sec.159","sectionType":"section","heading":"Improvements to common property","content":"### sec.159 Improvements to common property\n\nThe regulation module applying to a community titles scheme may provide for making improvements to the common property, including making improvements for the benefit of the owner of a lot included in the scheme.\nWithout limiting subsection (1) , the regulation module may include provisions about—\nwho may make improvements; and\nthe circumstances under which the improvements may be made; and\nthe way the improvements may be made.\n(sec.159-ssec.1) The regulation module applying to a community titles scheme may provide for making improvements to the common property, including making improvements for the benefit of the owner of a lot included in the scheme.\n(sec.159-ssec.2) Without limiting subsection (1) , the regulation module may include provisions about— who may make improvements; and the circumstances under which the improvements may be made; and the way the improvements may be made.\n- (a) who may make improvements; and\n- (b) the circumstances under which the improvements may be made; and\n- (c) the way the improvements may be made.","sortOrder":254},{"sectionNumber":"sec.160","sectionType":"section","heading":"Obligations of owners and occupiers to maintain","content":"### sec.160 Obligations of owners and occupiers to maintain\n\nThe regulation module applying to a community titles scheme may impose obligations about the condition in which lots included in the scheme must be maintained.","sortOrder":255},{"sectionNumber":"sec.161","sectionType":"section","heading":"Body corporate’s authority to carry out work of owners and occupiers","content":"### sec.161 Body corporate’s authority to carry out work of owners and occupiers\n\nThe regulation module applying to a community titles scheme may authorise the body corporate, in circumstances specified in the regulation module, to carry out work the owner or occupier of a lot is obliged to carry out, and to recover reasonable costs of carrying out the work from the owner of the lot as a debt.","sortOrder":256},{"sectionNumber":"sec.162","sectionType":"section","heading":"Body corporate’s power to remedy defective building work","content":"### sec.162 Body corporate’s power to remedy defective building work\n\nThe regulation module applying to a community titles scheme may authorise the body corporate to bring a proceeding under the Queensland Building and Construction Commission Act 1991 or another law to have remedied a defect in building work carried out for the owner of a lot included in the scheme.\ns 162 amd 2003 No. 6 s 52 ; 2013 No. 38 s 14 sch 1","sortOrder":257},{"sectionNumber":"sec.163","sectionType":"section","heading":"Power to enter lot","content":"### sec.163 Power to enter lot\n\nA person (an authorised person ) authorised by the body corporate for a community titles scheme may enter a lot included in the scheme, or common property the subject of an exclusive use by-law, and remain on the lot or common property while it is reasonably necessary—\nto inspect the lot or common property and find out whether work the body corporate is authorised or required to carry out is necessary; or\nto carry out work the body corporate is authorised or required to carry out.\nThe power of entry may be exercised—\nin an emergency—at any time, with or without notice of intended entry given to any person; and\nin other cases, subject to subsection (4) —\nfor entry to the lot mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to—\nthe owner of the lot; or\nif the owner is not in occupation of the lot—the occupier of the lot; and\nfor entry to the common property mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to—\nthe owner of the lot to which the exclusive use by-law attaches; or\nif the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\nin compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\nIf the scheme is other than a basic scheme, the power of entry to a lot or common property the subject of an exclusive use by-law conferred under this section includes power to enter the scheme land for a community titles scheme (the subsidiary scheme ) that is a lot included in the scheme.\nIf subsection (3) applies, the power to enter the scheme land for the subsidiary scheme may be exercised at a reasonable time after at least 7 days written notice of intended entry has been given to—\nthe body corporate for the subsidiary scheme; and\nif scheme land to be entered is a lot that is not itself a community titles scheme—\nthe owner of the lot; or\nif the owner is not in occupation of the lot—the occupier of the lot; and\nif scheme land to be entered is common property the subject of an exclusive use by-law for the subsidiary scheme—\nthe owner of the lot to which the exclusive use by-law attaches; or\nif the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.\nA person must not obstruct an authorised person who is exercising or attempting to exercise powers under this section.\nMaximum penalty for subsection (5) —20 penalty units.\ns 163 amd 2007 No. 11 s 15\n(sec.163-ssec.1) A person (an authorised person ) authorised by the body corporate for a community titles scheme may enter a lot included in the scheme, or common property the subject of an exclusive use by-law, and remain on the lot or common property while it is reasonably necessary— to inspect the lot or common property and find out whether work the body corporate is authorised or required to carry out is necessary; or to carry out work the body corporate is authorised or required to carry out.\n(sec.163-ssec.2) The power of entry may be exercised— in an emergency—at any time, with or without notice of intended entry given to any person; and in other cases, subject to subsection (4) — for entry to the lot mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— the owner of the lot; or if the owner is not in occupation of the lot—the occupier of the lot; and for entry to the common property mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— the owner of the lot to which the exclusive use by-law attaches; or if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and in compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n(sec.163-ssec.3) If the scheme is other than a basic scheme, the power of entry to a lot or common property the subject of an exclusive use by-law conferred under this section includes power to enter the scheme land for a community titles scheme (the subsidiary scheme ) that is a lot included in the scheme.\n(sec.163-ssec.4) If subsection (3) applies, the power to enter the scheme land for the subsidiary scheme may be exercised at a reasonable time after at least 7 days written notice of intended entry has been given to— the body corporate for the subsidiary scheme; and if scheme land to be entered is a lot that is not itself a community titles scheme— the owner of the lot; or if the owner is not in occupation of the lot—the occupier of the lot; and if scheme land to be entered is common property the subject of an exclusive use by-law for the subsidiary scheme— the owner of the lot to which the exclusive use by-law attaches; or if the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.\n(sec.163-ssec.5) A person must not obstruct an authorised person who is exercising or attempting to exercise powers under this section. Maximum penalty for subsection (5) —20 penalty units.\n- (a) to inspect the lot or common property and find out whether work the body corporate is authorised or required to carry out is necessary; or\n- (b) to carry out work the body corporate is authorised or required to carry out.\n- (a) in an emergency—at any time, with or without notice of intended entry given to any person; and\n- (b) in other cases, subject to subsection (4) — (i) for entry to the lot mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot; or (B) if the owner is not in occupation of the lot—the occupier of the lot; and (ii) for entry to the common property mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot to which the exclusive use by-law attaches; or (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and (iii) in compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n- (i) for entry to the lot mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot; or (B) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (A) the owner of the lot; or\n- (B) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (ii) for entry to the common property mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot to which the exclusive use by-law attaches; or (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\n- (A) the owner of the lot to which the exclusive use by-law attaches; or\n- (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\n- (iii) in compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n- (i) for entry to the lot mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot; or (B) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (A) the owner of the lot; or\n- (B) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (ii) for entry to the common property mentioned in subsection (1) —at a reasonable time after at least 7 days written notice of the intended entry has been given to— (A) the owner of the lot to which the exclusive use by-law attaches; or (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\n- (A) the owner of the lot to which the exclusive use by-law attaches; or\n- (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\n- (iii) in compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.\n- (A) the owner of the lot; or\n- (B) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (A) the owner of the lot to which the exclusive use by-law attaches; or\n- (B) if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and\n- (a) the body corporate for the subsidiary scheme; and\n- (b) if scheme land to be entered is a lot that is not itself a community titles scheme— (i) the owner of the lot; or (ii) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (i) the owner of the lot; or\n- (ii) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (c) if scheme land to be entered is common property the subject of an exclusive use by-law for the subsidiary scheme— (i) the owner of the lot to which the exclusive use by-law attaches; or (ii) if the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.\n- (i) the owner of the lot to which the exclusive use by-law attaches; or\n- (ii) if the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.\n- (i) the owner of the lot; or\n- (ii) if the owner is not in occupation of the lot—the occupier of the lot; and\n- (i) the owner of the lot to which the exclusive use by-law attaches; or\n- (ii) if the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.","sortOrder":258},{"sectionNumber":"sec.163A","sectionType":"section","heading":"Towing motor vehicles from common property","content":"### sec.163A Towing motor vehicles from common property\n\nNothing in this Act prevents a body corporate for a community titles scheme from towing a motor vehicle from the common property for the scheme under another Act or otherwise according to law.\nIf a motor vehicle owned or operated by the owner or occupier of a lot included in the scheme and parked in contravention of a by-law for the scheme is towed by the body corporate, the body corporate is not required to comply with a requirement under chapter 3 , part 5 , division 4 .\nIn this section—\nmotor vehicle see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ns 163A ins 2023 No. 29 s 9\n(sec.163A-ssec.1) Nothing in this Act prevents a body corporate for a community titles scheme from towing a motor vehicle from the common property for the scheme under another Act or otherwise according to law.\n(sec.163A-ssec.2) If a motor vehicle owned or operated by the owner or occupier of a lot included in the scheme and parked in contravention of a by-law for the scheme is towed by the body corporate, the body corporate is not required to comply with a requirement under chapter 3 , part 5 , division 4 .\n(sec.163A-ssec.3) In this section— motor vehicle see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .","sortOrder":259},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Conduct of occupiers","content":"# Conduct of occupiers","sortOrder":260},{"sectionNumber":"sec.164","sectionType":"section","heading":"Definition for pt 4","content":"### sec.164 Definition for pt 4\n\nIn this part—\noccupier , of a lot included in a community titles scheme, includes—\nif there is no occupier of the lot, the owner of the lot; and\nif the lot is a subsidiary scheme—the body corporate for the subsidiary scheme.\nFor this part, if a lot referred to is a community titles scheme, the reference includes a reference to the scheme land for the scheme.\n(sec.164-ssec.1) In this part— occupier , of a lot included in a community titles scheme, includes— if there is no occupier of the lot, the owner of the lot; and if the lot is a subsidiary scheme—the body corporate for the subsidiary scheme.\n(sec.164-ssec.2) For this part, if a lot referred to is a community titles scheme, the reference includes a reference to the scheme land for the scheme.\n- (a) if there is no occupier of the lot, the owner of the lot; and\n- (b) if the lot is a subsidiary scheme—the body corporate for the subsidiary scheme.","sortOrder":261},{"sectionNumber":"sec.165","sectionType":"section","heading":"Interference with easements of support or shelter","content":"### sec.165 Interference with easements of support or shelter\n\nThe occupier of a lot included in a community titles scheme must not interfere, or permit interference, with support or shelter provided by the lot for another lot included in, or the common property for, the scheme.\nMaximum penalty—100 penalty units.","sortOrder":262},{"sectionNumber":"sec.166","sectionType":"section","heading":"Interference with utility services","content":"### sec.166 Interference with utility services\n\nThe occupier of a lot included in a community titles scheme must not, either within or outside the lot, interfere, or permit interference, with utility infrastructure or utility services in a way that may affect the supply of utility services to another lot included in, or the common property for, the scheme.\nMaximum penalty—100 penalty units.","sortOrder":263},{"sectionNumber":"sec.167","sectionType":"section","heading":"Nuisances","content":"### sec.167 Nuisances\n\nThe occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that—\ncauses a nuisance or hazard; or\ninterferes unreasonably with the use or enjoyment of another lot included in the scheme; or\ninterferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.\nWithout limiting subsection (1) , the occupier contravenes this section if—\nthe occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and\nan occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product—\nin the other lot; or\non the common property.\ns 167 amd 2023 No. 29 s 10\n(sec.167-ssec.1) The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that— causes a nuisance or hazard; or interferes unreasonably with the use or enjoyment of another lot included in the scheme; or interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.\n(sec.167-ssec.2) Without limiting subsection (1) , the occupier contravenes this section if— the occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and an occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product— in the other lot; or on the common property.\n- (a) causes a nuisance or hazard; or\n- (b) interferes unreasonably with the use or enjoyment of another lot included in the scheme; or\n- (c) interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.\n- (a) the occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and\n- (b) an occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product— (i) in the other lot; or (ii) on the common property.\n- (i) in the other lot; or\n- (ii) on the common property.\n- (i) in the other lot; or\n- (ii) on the common property.","sortOrder":264},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"By-laws","content":"# By-laws","sortOrder":265},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"By-laws generally","content":"## By-laws generally","sortOrder":266},{"sectionNumber":"sec.168","sectionType":"section","heading":"Meaning of by-laws","content":"### sec.168 Meaning of by-laws\n\nBy-laws , for a community titles scheme, are provisions that appear in the community management statement under the heading of “BY-LAWS”.\nHowever, if the community management statement does not include provisions that are, or that purport to be, the by-laws for the scheme, the by-laws for the scheme are the provisions stated in schedule 4 .\n(sec.168-ssec.1) By-laws , for a community titles scheme, are provisions that appear in the community management statement under the heading of “BY-LAWS”.\n(sec.168-ssec.2) However, if the community management statement does not include provisions that are, or that purport to be, the by-laws for the scheme, the by-laws for the scheme are the provisions stated in schedule 4 .","sortOrder":267},{"sectionNumber":"sec.169","sectionType":"section","heading":"Content and extent of by-laws","content":"### sec.169 Content and extent of by-laws\n\nThe by-laws for a community titles scheme may only provide for the following—\nthe administration, management and control of common property and body corporate assets;\nregulation of, including conditions applying to, the use and enjoyment of—\nlots included in the scheme; and\ncommon property, including utility infrastructure; and\nbody corporate assets, including easement areas relevant to common property; and\nservices and amenities supplied by the body corporate;\nother matters this Act permits to be included in by-laws.\nIf there is an inconsistency between a by-law and a provision (the other provision ) of the community management statement that is not a by-law, the other provision, to the extent of the inconsistency, prevails.\n(sec.169-ssec.1) The by-laws for a community titles scheme may only provide for the following— the administration, management and control of common property and body corporate assets; regulation of, including conditions applying to, the use and enjoyment of— lots included in the scheme; and common property, including utility infrastructure; and body corporate assets, including easement areas relevant to common property; and services and amenities supplied by the body corporate; other matters this Act permits to be included in by-laws.\n(sec.169-ssec.2) If there is an inconsistency between a by-law and a provision (the other provision ) of the community management statement that is not a by-law, the other provision, to the extent of the inconsistency, prevails.\n- (a) the administration, management and control of common property and body corporate assets;\n- (b) regulation of, including conditions applying to, the use and enjoyment of— (i) lots included in the scheme; and (ii) common property, including utility infrastructure; and (iii) body corporate assets, including easement areas relevant to common property; and (iv) services and amenities supplied by the body corporate;\n- (i) lots included in the scheme; and\n- (ii) common property, including utility infrastructure; and\n- (iii) body corporate assets, including easement areas relevant to common property; and\n- (iv) services and amenities supplied by the body corporate;\n- (c) other matters this Act permits to be included in by-laws.\n- (i) lots included in the scheme; and\n- (ii) common property, including utility infrastructure; and\n- (iii) body corporate assets, including easement areas relevant to common property; and\n- (iv) services and amenities supplied by the body corporate;","sortOrder":268},{"sectionNumber":"sec.169A","sectionType":"section","heading":"By-laws about use of smoking products","content":"### sec.169A By-laws about use of smoking products\n\nA by-law for a community titles scheme may prohibit or restrict the smoking or inhaling of all or some smoking products only on—\nall or part of—\nthe common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or\nthe scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or\nall or part of an outdoor area of—\na lot included in the scheme; or\nthe common property an occupier of a lot may use under an exclusive use by-law; or\na body corporate asset an occupier of a lot may use under an exclusive use by-law.\nTo remove any doubt, it is declared that a by-law that prohibits or restricts the smoking or inhaling of all or some smoking products on any area mentioned in subsection (1) is not, having regard to the interests of all owners and occupiers of lots included in the scheme, oppressive or unreasonable.\nIn this section—\ninhale see the Tobacco and Other Smoking Products Act 1998 , schedule.\noutdoor area , of a lot, or of common property or a body corporate asset an occupier of a lot may use under an exclusive use by-law, includes any of the following areas—\na balcony;\na courtyard;\na patio;\na verandah.\nsmoke see the Tobacco and Other Smoking Products Act 1998 , schedule.\ns 169A ins 2023 No. 29 s 11\n(sec.169A-ssec.1) A by-law for a community titles scheme may prohibit or restrict the smoking or inhaling of all or some smoking products only on— all or part of— the common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or the scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or all or part of an outdoor area of— a lot included in the scheme; or the common property an occupier of a lot may use under an exclusive use by-law; or a body corporate asset an occupier of a lot may use under an exclusive use by-law.\n(sec.169A-ssec.2) To remove any doubt, it is declared that a by-law that prohibits or restricts the smoking or inhaling of all or some smoking products on any area mentioned in subsection (1) is not, having regard to the interests of all owners and occupiers of lots included in the scheme, oppressive or unreasonable.\n(sec.169A-ssec.3) In this section— inhale see the Tobacco and Other Smoking Products Act 1998 , schedule. outdoor area , of a lot, or of common property or a body corporate asset an occupier of a lot may use under an exclusive use by-law, includes any of the following areas— a balcony; a courtyard; a patio; a verandah. smoke see the Tobacco and Other Smoking Products Act 1998 , schedule.\n- (a) all or part of— (i) the common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or (ii) the scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or\n- (i) the common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or\n- (ii) the scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or\n- (b) all or part of an outdoor area of— (i) a lot included in the scheme; or (ii) the common property an occupier of a lot may use under an exclusive use by-law; or (iii) a body corporate asset an occupier of a lot may use under an exclusive use by-law.\n- (i) a lot included in the scheme; or\n- (ii) the common property an occupier of a lot may use under an exclusive use by-law; or\n- (iii) a body corporate asset an occupier of a lot may use under an exclusive use by-law.\n- (i) the common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or\n- (ii) the scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or\n- (i) a lot included in the scheme; or\n- (ii) the common property an occupier of a lot may use under an exclusive use by-law; or\n- (iii) a body corporate asset an occupier of a lot may use under an exclusive use by-law.\n- (a) a balcony;\n- (b) a courtyard;\n- (c) a patio;\n- (d) a verandah.","sortOrder":269},{"sectionNumber":"sec.169B","sectionType":"section","heading":"By-laws about keeping animals (other than guide, hearing and assistance dogs)","content":"### sec.169B By-laws about keeping animals (other than guide, hearing and assistance dogs)\n\nThis section does not apply in relation to an animal that is a guide, hearing or assistance dog.\nA by-law must not—\nprohibit the keeping or bringing of an animal on a lot or the common property of the community titles scheme; or\nrestrict the number, type or size of an animal that an occupier of the lot may keep or bring on the lot or common property for the scheme.\nHowever, a by-law may provide that an occupier must not, without the written approval of the body corporate for the scheme, or the committee for the body corporate—\nkeep or bring an animal on the lot or the common property; or\npermit an invitee to keep or bring an animal on the lot or the common property.\nIf a by-law requires the written approval of the body corporate for the scheme, or the committee for the body corporate, to keep or bring an animal on the lot or the common property, the body corporate, or the committee—\nmust, after receiving a request for approval, within the period prescribed by the regulation module applying to the scheme decide whether to grant the approval; and\nmay, in writing, grant the approval subject to conditions that are, in the circumstances, reasonable and appropriate; and\nThe animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme.\nThe animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste.\nmust not unreasonably withhold approval.\nTo remove any doubt, it is declared that the body corporate’s or the committee’s refusal to approve an owner’s or occupier’s request to keep or bring an animal on the lot or the common property on the grounds that no pets are allowed is unreasonable.\nThe body corporate, or the committee, may refuse to grant approval under subsection (4) only if the body corporate, or the committee, is satisfied, on reasonable grounds, of any of the following matters—\nkeeping the animal would pose an unacceptable risk to the health and safety of an owner or occupier of a lot because—\nthe owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or\nthe risk could not reasonably be managed by conditions imposed on the keeping of the animal;\nAn owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen.\nkeeping the animal would contravene a law;\na local law that prohibits certain types of animals being kept at a lot or restricts the number of animals that may be kept at a lot\nthe animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008 ;\nkeeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;\nkeeping the animal would unreasonably interfere with native fauna that live on, or visit, the scheme land and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;\nthe occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal;\nanother matter prescribed under the regulation module applying to the scheme.\nAlso, the body corporate’s approval may be withdrawn if the occupier does not comply with the conditions stated in the written notice given under subsection (4) (b) .\ns 169B ins 2023 No. 29 s 11\n(sec.169B-ssec.1) This section does not apply in relation to an animal that is a guide, hearing or assistance dog.\n(sec.169B-ssec.2) A by-law must not— prohibit the keeping or bringing of an animal on a lot or the common property of the community titles scheme; or restrict the number, type or size of an animal that an occupier of the lot may keep or bring on the lot or common property for the scheme.\n(sec.169B-ssec.3) However, a by-law may provide that an occupier must not, without the written approval of the body corporate for the scheme, or the committee for the body corporate— keep or bring an animal on the lot or the common property; or permit an invitee to keep or bring an animal on the lot or the common property.\n(sec.169B-ssec.4) If a by-law requires the written approval of the body corporate for the scheme, or the committee for the body corporate, to keep or bring an animal on the lot or the common property, the body corporate, or the committee— must, after receiving a request for approval, within the period prescribed by the regulation module applying to the scheme decide whether to grant the approval; and may, in writing, grant the approval subject to conditions that are, in the circumstances, reasonable and appropriate; and The animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme. The animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste. must not unreasonably withhold approval.\n(sec.169B-ssec.5) To remove any doubt, it is declared that the body corporate’s or the committee’s refusal to approve an owner’s or occupier’s request to keep or bring an animal on the lot or the common property on the grounds that no pets are allowed is unreasonable.\n(sec.169B-ssec.6) The body corporate, or the committee, may refuse to grant approval under subsection (4) only if the body corporate, or the committee, is satisfied, on reasonable grounds, of any of the following matters— keeping the animal would pose an unacceptable risk to the health and safety of an owner or occupier of a lot because— the owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or the risk could not reasonably be managed by conditions imposed on the keeping of the animal; An owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen. keeping the animal would contravene a law; a local law that prohibits certain types of animals being kept at a lot or restricts the number of animals that may be kept at a lot the animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008 ; keeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal; keeping the animal would unreasonably interfere with native fauna that live on, or visit, the scheme land and the interference could not reasonably be managed by conditions imposed on the keeping of the animal; the occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal; another matter prescribed under the regulation module applying to the scheme.\n(sec.169B-ssec.7) Also, the body corporate’s approval may be withdrawn if the occupier does not comply with the conditions stated in the written notice given under subsection (4) (b) .\n- (a) prohibit the keeping or bringing of an animal on a lot or the common property of the community titles scheme; or\n- (b) restrict the number, type or size of an animal that an occupier of the lot may keep or bring on the lot or common property for the scheme.\n- (a) keep or bring an animal on the lot or the common property; or\n- (b) permit an invitee to keep or bring an animal on the lot or the common property.\n- (a) must, after receiving a request for approval, within the period prescribed by the regulation module applying to the scheme decide whether to grant the approval; and\n- (b) may, in writing, grant the approval subject to conditions that are, in the circumstances, reasonable and appropriate; and Examples of conditions that may in particular circumstances be reasonable— 1 The animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme. 2 The animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste.\n- 1 The animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme.\n- 2 The animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste.\n- (c) must not unreasonably withhold approval.\n- 1 The animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme.\n- 2 The animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste.\n- (a) keeping the animal would pose an unacceptable risk to the health and safety of an owner or occupier of a lot because— (i) the owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or (ii) the risk could not reasonably be managed by conditions imposed on the keeping of the animal; Example— An owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen.\n- (i) the owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or\n- (ii) the risk could not reasonably be managed by conditions imposed on the keeping of the animal; Example— An owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen.\n- (b) keeping the animal would contravene a law; Example— a local law that prohibits certain types of animals being kept at a lot or restricts the number of animals that may be kept at a lot\n- (c) the animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008 ;\n- (d) keeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;\n- (e) keeping the animal would unreasonably interfere with native fauna that live on, or visit, the scheme land and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;\n- (f) the occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal;\n- (g) another matter prescribed under the regulation module applying to the scheme.\n- (i) the owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or\n- (ii) the risk could not reasonably be managed by conditions imposed on the keeping of the animal; Example— An owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen.","sortOrder":270},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Exclusive use by-laws","content":"## Exclusive use by-laws","sortOrder":271},{"sectionNumber":"sec.170","sectionType":"section","heading":"Meaning of exclusive use by-law","content":"### sec.170 Meaning of exclusive use by-law\n\nAn exclusive use by-law , for a community titles scheme, is a by-law that attaches to a lot included in the scheme, and gives the occupier of the lot for the time being exclusive use to the rights and enjoyment of, or other special rights about—\ncommon property; or\na body corporate asset.\nIf an exclusive use by-law attaches to a lot that is another community titles scheme, the exclusive use or other rights are for the benefit of the other scheme.\n(sec.170-ssec.1) An exclusive use by-law , for a community titles scheme, is a by-law that attaches to a lot included in the scheme, and gives the occupier of the lot for the time being exclusive use to the rights and enjoyment of, or other special rights about— common property; or a body corporate asset.\n(sec.170-ssec.2) If an exclusive use by-law attaches to a lot that is another community titles scheme, the exclusive use or other rights are for the benefit of the other scheme.\n- (a) common property; or\n- (b) a body corporate asset.","sortOrder":272},{"sectionNumber":"sec.171","sectionType":"section","heading":"Requirements for exclusive use by-law","content":"### sec.171 Requirements for exclusive use by-law\n\nThe common property or body corporate asset to which an exclusive use by-law for a community titles scheme applies must be—\nspecifically identified in the by-law; or\nallocated—\nby a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an authorised allocation ); or\nby 2 or more lot owners under a reallocation agreement (an agreed allocation ).\nAn exclusive use by-law that specifically identifies the common property or body corporate asset to which it applies, other than an exclusive use by-law contained in the first community management statement for the scheme—\nmay attach to a lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement to incorporate the exclusive use by-law, or the lot owner votes personally in the resolution; and\nmay stop applying to the lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law, or the lot owner votes personally in the resolution.\nIf an exclusive use by-law authorises the allocation of common property or a body corporate asset for the purpose of the by-law—\nthe by-law may attach to a lot on the basis of an authorised allocation only if the lot owner agrees in writing before the allocation of the common property or body corporate asset to which the by-law applies; and\nthe by-law may stop applying to the lot only if the lot owner agrees in writing before—\nthe allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or\nthe passing of the resolution without dissent—\nconsenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or\nin which the lot owner voted personally.\ns 171 amd 2003 No. 6 s 53\n(sec.171-ssec.1) The common property or body corporate asset to which an exclusive use by-law for a community titles scheme applies must be— specifically identified in the by-law; or allocated— by a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an authorised allocation ); or by 2 or more lot owners under a reallocation agreement (an agreed allocation ).\n(sec.171-ssec.2) An exclusive use by-law that specifically identifies the common property or body corporate asset to which it applies, other than an exclusive use by-law contained in the first community management statement for the scheme— may attach to a lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement to incorporate the exclusive use by-law, or the lot owner votes personally in the resolution; and may stop applying to the lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law, or the lot owner votes personally in the resolution.\n(sec.171-ssec.3) If an exclusive use by-law authorises the allocation of common property or a body corporate asset for the purpose of the by-law— the by-law may attach to a lot on the basis of an authorised allocation only if the lot owner agrees in writing before the allocation of the common property or body corporate asset to which the by-law applies; and the by-law may stop applying to the lot only if the lot owner agrees in writing before— the allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or the passing of the resolution without dissent— consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or in which the lot owner voted personally.\n- (a) specifically identified in the by-law; or\n- (b) allocated— (i) by a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an authorised allocation ); or (ii) by 2 or more lot owners under a reallocation agreement (an agreed allocation ).\n- (i) by a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an authorised allocation ); or\n- (ii) by 2 or more lot owners under a reallocation agreement (an agreed allocation ).\n- (i) by a person (who may be the original owner or the original owner’s agent) authorised under the by-law to make the allocation (an authorised allocation ); or\n- (ii) by 2 or more lot owners under a reallocation agreement (an agreed allocation ).\n- (a) may attach to a lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement to incorporate the exclusive use by-law, or the lot owner votes personally in the resolution; and\n- (b) may stop applying to the lot only if the lot owner agrees in writing before the passing of the resolution without dissent consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law, or the lot owner votes personally in the resolution.\n- (a) the by-law may attach to a lot on the basis of an authorised allocation only if the lot owner agrees in writing before the allocation of the common property or body corporate asset to which the by-law applies; and\n- (b) the by-law may stop applying to the lot only if the lot owner agrees in writing before— (i) the allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or (ii) the passing of the resolution without dissent— (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or (B) in which the lot owner voted personally.\n- (i) the allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or\n- (ii) the passing of the resolution without dissent— (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or (B) in which the lot owner voted personally.\n- (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or\n- (B) in which the lot owner voted personally.\n- (i) the allocation is revoked under the by-law (if the by-law provides for the revocation of an allocation); or\n- (ii) the passing of the resolution without dissent— (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or (B) in which the lot owner voted personally.\n- (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or\n- (B) in which the lot owner voted personally.\n- (A) consenting to the recording of the new community management statement that does not incorporate the exclusive use by-law; or\n- (B) in which the lot owner voted personally.","sortOrder":273},{"sectionNumber":"sec.172","sectionType":"section","heading":"Identification of subject matter of exclusive use by-laws","content":"### sec.172 Identification of subject matter of exclusive use by-laws\n\nBefore the registrar records a community management statement that includes an exclusive use by-law, the registrar may require the common property or body corporate asset the subject of the by-law to be identified in a plan, or in another way the registrar directs, to avoid doubt about the extent of the common property, or about the identification or extent of the body corporate asset, that is the subject of the by-law.","sortOrder":274},{"sectionNumber":"sec.173","sectionType":"section","heading":"Regulation of exclusive use by-laws","content":"### sec.173 Regulation of exclusive use by-laws\n\nThe regulation module applying to the scheme may make provision about—\nthe inclusion of conditions in an exclusive use by-law (including conditions about payments to be made by the owner of the lot to which the by-law attaches); and\nobligations imposed on the owner of a lot to which the by-law attaches (including obligations that would otherwise be obligations of the body corporate); and\nauthorisation given under an exclusive use by-law for the making of improvements; and\nrecovery of amounts payable under an exclusive use by-law.\n- (a) the inclusion of conditions in an exclusive use by-law (including conditions about payments to be made by the owner of the lot to which the by-law attaches); and\n- (b) obligations imposed on the owner of a lot to which the by-law attaches (including obligations that would otherwise be obligations of the body corporate); and\n- (c) authorisation given under an exclusive use by-law for the making of improvements; and\n- (d) recovery of amounts payable under an exclusive use by-law.","sortOrder":275},{"sectionNumber":"sec.174","sectionType":"section","heading":"Making allocations","content":"### sec.174 Making allocations\n\nAn authorised or agreed allocation has no effect unless details of the allocation are given to the body corporate.\nAlso, an authorised allocation has no effect unless—\nif paragraph (b) does not apply for the allocation—the allocation is made in the period (the base allocation period ) ending 1 year after the recording of the relevant community management statement; or\nif a period (the extended allocation period ) for making the allocation is stated in an order of an adjudicator under the dispute resolution provisions—the allocation is made in the extended allocation period.\nAn order mentioned in subsection (2) (b) —\nmay only state a period ending later than 1 year, and not later than 2 years, after the recording of the relevant community management statement; and\nmay be sought or made before or after the base allocation period ends.\nIf an order mentioned in subsection (2) (b) is made about an authorised allocation after the base allocation period ends, the base allocation period is taken never to have applied to the allocation for subsection (2) .\nIn this section—\nrelevant community management statement , for an authorised allocation, means—\nthe community management statement that first includes the exclusive use by-law; or\nfor a community titles scheme that is to be progressively developed—the new community management statement that replaces the existing community management statement.\ns 174 sub 2003 No. 6 s 54\n(sec.174-ssec.1) An authorised or agreed allocation has no effect unless details of the allocation are given to the body corporate.\n(sec.174-ssec.2) Also, an authorised allocation has no effect unless— if paragraph (b) does not apply for the allocation—the allocation is made in the period (the base allocation period ) ending 1 year after the recording of the relevant community management statement; or if a period (the extended allocation period ) for making the allocation is stated in an order of an adjudicator under the dispute resolution provisions—the allocation is made in the extended allocation period.\n(sec.174-ssec.3) An order mentioned in subsection (2) (b) — may only state a period ending later than 1 year, and not later than 2 years, after the recording of the relevant community management statement; and may be sought or made before or after the base allocation period ends.\n(sec.174-ssec.4) If an order mentioned in subsection (2) (b) is made about an authorised allocation after the base allocation period ends, the base allocation period is taken never to have applied to the allocation for subsection (2) .\n(sec.174-ssec.5) In this section— relevant community management statement , for an authorised allocation, means— the community management statement that first includes the exclusive use by-law; or for a community titles scheme that is to be progressively developed—the new community management statement that replaces the existing community management statement.\n- (a) if paragraph (b) does not apply for the allocation—the allocation is made in the period (the base allocation period ) ending 1 year after the recording of the relevant community management statement; or\n- (b) if a period (the extended allocation period ) for making the allocation is stated in an order of an adjudicator under the dispute resolution provisions—the allocation is made in the extended allocation period.\n- (a) may only state a period ending later than 1 year, and not later than 2 years, after the recording of the relevant community management statement; and\n- (b) may be sought or made before or after the base allocation period ends.\n- (a) the community management statement that first includes the exclusive use by-law; or\n- (b) for a community titles scheme that is to be progressively developed—the new community management statement that replaces the existing community management statement.","sortOrder":276},{"sectionNumber":"sec.175","sectionType":"section","heading":"Notifying allocations","content":"### sec.175 Notifying allocations\n\nThe body corporate must lodge a request to record a new community management statement (the first subsequent statement ) showing—\nall authorised allocations made in the base allocation period; and\nall authorised and agreed allocations currently in place when the body corporate consented to the recording of the first subsequent statement.\nAlso, if an extended allocation period applies for an authorised allocation, the body corporate must lodge a request to record a new community management statement (the second subsequent statement ) showing—\nall authorised allocations made between the end of the base allocation period and the end of the extended allocation period; and\nall authorised and agreed allocations currently in place when the body corporate consented to the recording of the second subsequent statement.\nThe request to record the first subsequent statement must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the base allocation period.\nIf the body corporate is required to lodge a request to record a second subsequent statement, the request must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the extended allocation period.\nIf the body corporate fails to lodge the request to record the first subsequent statement as required under this section, all authorised and agreed allocations made in the base allocation period cease to have effect.\nIf the body corporate fails to lodge a request to record a second subsequent statement as required under this section, all authorised and agreed allocations made between the end of the base allocation period and the end of the extended allocation period cease to have effect.\nAn order mentioned in subsection (3) or (4) relating to an authorised allocation may be sought or made before or after the 3 months mentioned in the subsection end and, if the order is made after the 3 months end, the allocation is taken to have remained in effect despite the 3 months having ended.\ns 175 ins 2003 No. 6 s 54\n(sec.175-ssec.1) The body corporate must lodge a request to record a new community management statement (the first subsequent statement ) showing— all authorised allocations made in the base allocation period; and all authorised and agreed allocations currently in place when the body corporate consented to the recording of the first subsequent statement.\n(sec.175-ssec.2) Also, if an extended allocation period applies for an authorised allocation, the body corporate must lodge a request to record a new community management statement (the second subsequent statement ) showing— all authorised allocations made between the end of the base allocation period and the end of the extended allocation period; and all authorised and agreed allocations currently in place when the body corporate consented to the recording of the second subsequent statement.\n(sec.175-ssec.3) The request to record the first subsequent statement must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the base allocation period.\n(sec.175-ssec.4) If the body corporate is required to lodge a request to record a second subsequent statement, the request must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the extended allocation period.\n(sec.175-ssec.5) If the body corporate fails to lodge the request to record the first subsequent statement as required under this section, all authorised and agreed allocations made in the base allocation period cease to have effect.\n(sec.175-ssec.6) If the body corporate fails to lodge a request to record a second subsequent statement as required under this section, all authorised and agreed allocations made between the end of the base allocation period and the end of the extended allocation period cease to have effect.\n(sec.175-ssec.7) An order mentioned in subsection (3) or (4) relating to an authorised allocation may be sought or made before or after the 3 months mentioned in the subsection end and, if the order is made after the 3 months end, the allocation is taken to have remained in effect despite the 3 months having ended.\n- (a) all authorised allocations made in the base allocation period; and\n- (b) all authorised and agreed allocations currently in place when the body corporate consented to the recording of the first subsequent statement.\n- (a) all authorised allocations made between the end of the base allocation period and the end of the extended allocation period; and\n- (b) all authorised and agreed allocations currently in place when the body corporate consented to the recording of the second subsequent statement.","sortOrder":277},{"sectionNumber":"sec.176","sectionType":"section","heading":"Notifying further allocations","content":"### sec.176 Notifying further allocations\n\nWithin 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the taking effect of a further allocation, the body corporate must lodge a request to record a new community management statement showing all allocations currently in place when the body corporate consented to the recording of the new statement.\nIf the body corporate fails to comply with subsection (1) , the further allocation ceases to have effect.\nAn order mentioned in subsection (1) may be sought or made before or after the 3 months mentioned in the subsection end, and if the order is made after the 3 months end, the allocation is taken to have remained in effect despite the 3 months having ended.\nIn this section—\nfurther allocation means an agreed allocation, other than an allocation shown in a subsequent statement under section 175 (1) or (2) .\ns 176 amd 2003 No. 6 s 55\n(sec.176-ssec.1) Within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the taking effect of a further allocation, the body corporate must lodge a request to record a new community management statement showing all allocations currently in place when the body corporate consented to the recording of the new statement.\n(sec.176-ssec.2) If the body corporate fails to comply with subsection (1) , the further allocation ceases to have effect.\n(sec.176-ssec.3) An order mentioned in subsection (1) may be sought or made before or after the 3 months mentioned in the subsection end, and if the order is made after the 3 months end, the allocation is taken to have remained in effect despite the 3 months having ended.\n(sec.176-ssec.4) In this section— further allocation means an agreed allocation, other than an allocation shown in a subsequent statement under section 175 (1) or (2) .","sortOrder":278},{"sectionNumber":"sec.177","sectionType":"section","heading":"Prohibited matters for exclusive use by-laws","content":"### sec.177 Prohibited matters for exclusive use by-laws\n\nAn exclusive use by-law must not give exclusive use to the rights and enjoyment of, or other special rights about, utility infrastructure that is common property or a body corporate asset.\nAn exclusive use by-law can not prohibit allocations under reallocation agreements.\n(sec.177-ssec.1) An exclusive use by-law must not give exclusive use to the rights and enjoyment of, or other special rights about, utility infrastructure that is common property or a body corporate asset.\n(sec.177-ssec.2) An exclusive use by-law can not prohibit allocations under reallocation agreements.","sortOrder":279},{"sectionNumber":"sec.178","sectionType":"section","heading":"Review of exclusive use by-law","content":"### sec.178 Review of exclusive use by-law\n\nThis section applies if—\nan exclusive use by-law is in force for a community titles scheme; and\nthe owner of the lot to which the exclusive use by-law attaches stops being a body corporate manager, service contractor or letting agent for the scheme; and\nthe exclusive use by-law is not for the continuing engagement or authorisation of the lot owner as a body corporate manager, service contractor or letting agent for the scheme; and\nthere is a dispute about whether the exclusive use by-law should continue in force.\nThe body corporate for the scheme may apply—\nunder chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\nas provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\nThe order must have regard especially to the interests of all owners of lots included in the scheme in the use and enjoyment of their lots and of the common property for the scheme.\nThe order may include provision for either or both of the following—\nthe lodging of a request for the recording of a new community management statement for the scheme, omitting the exclusive use by-law;\nthe payment by the body corporate of compensation to the owner of the lot to which the exclusive use by-law attaches.\ns 178 amd 2003 No. 6 s 56 ; 2007 No. 11 s 16 ; 2009 No. 24 s 365\n(sec.178-ssec.1) This section applies if— an exclusive use by-law is in force for a community titles scheme; and the owner of the lot to which the exclusive use by-law attaches stops being a body corporate manager, service contractor or letting agent for the scheme; and the exclusive use by-law is not for the continuing engagement or authorisation of the lot owner as a body corporate manager, service contractor or letting agent for the scheme; and there is a dispute about whether the exclusive use by-law should continue in force.\n(sec.178-ssec.2) The body corporate for the scheme may apply— under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\n(sec.178-ssec.3) The order must have regard especially to the interests of all owners of lots included in the scheme in the use and enjoyment of their lots and of the common property for the scheme.\n(sec.178-ssec.4) The order may include provision for either or both of the following— the lodging of a request for the recording of a new community management statement for the scheme, omitting the exclusive use by-law; the payment by the body corporate of compensation to the owner of the lot to which the exclusive use by-law attaches.\n- (a) an exclusive use by-law is in force for a community titles scheme; and\n- (b) the owner of the lot to which the exclusive use by-law attaches stops being a body corporate manager, service contractor or letting agent for the scheme; and\n- (c) the exclusive use by-law is not for the continuing engagement or authorisation of the lot owner as a body corporate manager, service contractor or letting agent for the scheme; and\n- (d) there is a dispute about whether the exclusive use by-law should continue in force.\n- (a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or\n- (b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.\n- (a) the lodging of a request for the recording of a new community management statement for the scheme, omitting the exclusive use by-law;\n- (b) the payment by the body corporate of compensation to the owner of the lot to which the exclusive use by-law attaches.","sortOrder":280},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Other matters about by-laws","content":"## Other matters about by-laws","sortOrder":281},{"sectionNumber":"sec.179","sectionType":"section","heading":"Commencement of by-laws","content":"### sec.179 Commencement of by-laws\n\nA by-law comes into force on the day the registrar records the community management statement containing the by-law or a later date stated in the by-law.","sortOrder":282},{"sectionNumber":"sec.180","sectionType":"section","heading":"Limitations for by-laws","content":"### sec.180 Limitations for by-laws\n\nIf a by-law for a community titles scheme is inconsistent with this Act (including a regulation module applying to the scheme) or another Act, the by-law is invalid to the extent of the inconsistency.\nIf a by-law for a community titles scheme purporting to give a body corporate manager, service contractor or letting agent exclusive use of common property is inconsistent with the regulation module applying to the scheme, the by-law is invalid to the extent of the inconsistency.\nSubsection (1) does not apply to an inconsistency between a by-law and a local law or PDA by-law if the inconsistency is about keeping animals on scheme land.\nIf a lot may lawfully be used for residential purposes, the by-laws can not restrict the type of residential use.\nA by-law can not prevent or restrict a transmission, transfer, mortgage or other dealing with a lot.\nA by-law can not prevent the owner of a lot from leasing or mortgaging a lot.\nA by-law can not prevent the sale of a lot to a person under or over a particular age.\nA by-law must not discriminate between types of occupiers.\nA by-law can not prevent a tenant from using a pool on the common property.\nA by-law (other than an exclusive use by-law) must not impose a monetary liability on the owner or occupier of a lot included in a community titles scheme.\nA by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers of lots included in the scheme and the use of the common property for the scheme.\nA by-law must not include a provision that has no force or effect under the Building Act 1975 , chapter 8A , part 2 .\nTo remove any doubt, it is declared that if a by-law for a scheme applies to a subsidiary scheme, a reference to a lot in this section includes a reference to a lot included in the subsidiary scheme.\ns 180 amd 2003 No. 6 s 57 ; 2007 No. 41 s 146H ; 2009 No. 51 s 50 ; 2012 No. 43 s 221 sch 1 ; 2023 No. 29 s 12\n(sec.180-ssec.1) If a by-law for a community titles scheme is inconsistent with this Act (including a regulation module applying to the scheme) or another Act, the by-law is invalid to the extent of the inconsistency. If a by-law for a community titles scheme purporting to give a body corporate manager, service contractor or letting agent exclusive use of common property is inconsistent with the regulation module applying to the scheme, the by-law is invalid to the extent of the inconsistency.\n(sec.180-ssec.2) Subsection (1) does not apply to an inconsistency between a by-law and a local law or PDA by-law if the inconsistency is about keeping animals on scheme land.\n(sec.180-ssec.3) If a lot may lawfully be used for residential purposes, the by-laws can not restrict the type of residential use.\n(sec.180-ssec.4) A by-law can not prevent or restrict a transmission, transfer, mortgage or other dealing with a lot. A by-law can not prevent the owner of a lot from leasing or mortgaging a lot. A by-law can not prevent the sale of a lot to a person under or over a particular age.\n(sec.180-ssec.5) A by-law must not discriminate between types of occupiers. A by-law can not prevent a tenant from using a pool on the common property.\n(sec.180-ssec.6) A by-law (other than an exclusive use by-law) must not impose a monetary liability on the owner or occupier of a lot included in a community titles scheme.\n(sec.180-ssec.7) A by-law must not be oppressive or unreasonable, having regard to the interests of all owners and occupiers of lots included in the scheme and the use of the common property for the scheme.\n(sec.180-ssec.8) A by-law must not include a provision that has no force or effect under the Building Act 1975 , chapter 8A , part 2 .\n(sec.180-ssec.9) To remove any doubt, it is declared that if a by-law for a scheme applies to a subsidiary scheme, a reference to a lot in this section includes a reference to a lot included in the subsidiary scheme.\n- 1 A by-law can not prevent the owner of a lot from leasing or mortgaging a lot.\n- 2 A by-law can not prevent the sale of a lot to a person under or over a particular age.","sortOrder":283},{"sectionNumber":"sec.181","sectionType":"section","heading":"Guide, hearing and assistance dogs","content":"### sec.181 Guide, hearing and assistance dogs\n\nA person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 who relies on a guide, hearing or assistance dog and who has the right to be on a lot included in a community titles scheme, or on the common property, has the right to be accompanied by a guide, hearing or assistance dog while on the lot or common property.\nA person mentioned in subsection (1) who is the owner or occupier of a lot included in a community titles scheme has the right to keep a guide, hearing or assistance dog on the lot.\nA by-law can not exclude or restrict a right given by this section.\ns 181 amd 2009 No. 4 s 124 (2) sch 3\n(sec.181-ssec.1) A person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 who relies on a guide, hearing or assistance dog and who has the right to be on a lot included in a community titles scheme, or on the common property, has the right to be accompanied by a guide, hearing or assistance dog while on the lot or common property.\n(sec.181-ssec.2) A person mentioned in subsection (1) who is the owner or occupier of a lot included in a community titles scheme has the right to keep a guide, hearing or assistance dog on the lot.\n(sec.181-ssec.3) A by-law can not exclude or restrict a right given by this section.","sortOrder":284},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"By-law contraventions","content":"## By-law contraventions","sortOrder":285},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.181A Application of sdiv 1\n\nThis subdivision applies to a community titles scheme other than a specified two-lot scheme.\ns 181A ins 2011 No. 9 s 20","sortOrder":286},{"sectionNumber":"sec.182","sectionType":"section","heading":"Continuing contravention notice—basic schemes not included in a layered arrangement of community titles schemes","content":"### sec.182 Continuing contravention notice—basic schemes not included in a layered arrangement of community titles schemes\n\nThis section applies if the body corporate for a community titles scheme that is a basic scheme that is not included in a layered arrangement of community titles schemes reasonably believes that—\na person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and\nthe circumstances of the contravention make it likely that the contravention will continue.\nThe body corporate may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\nIf the continuing contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\nThe continuing contravention notice must state—\nthat the body corporate believes the person is contravening a provision of the by-laws; and\nthe provision the body corporate believes is being contravened; and\ndetails sufficient to identify the contravention; and\nthe reasonable period within which the person must remedy the contravention; and\nthat if the person does not comply with the notice the body corporate may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute.\nThe person must comply with the continuing contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (5) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (4) (c) .\ns 182 amd 2003 No. 6 s 58 ; 2023 No. 29 s 13\n(sec.182-ssec.1) This section applies if the body corporate for a community titles scheme that is a basic scheme that is not included in a layered arrangement of community titles schemes reasonably believes that— a person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and the circumstances of the contravention make it likely that the contravention will continue.\n(sec.182-ssec.2) The body corporate may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\n(sec.182-ssec.3) If the continuing contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\n(sec.182-ssec.4) The continuing contravention notice must state— that the body corporate believes the person is contravening a provision of the by-laws; and the provision the body corporate believes is being contravened; and details sufficient to identify the contravention; and the reasonable period within which the person must remedy the contravention; and that if the person does not comply with the notice the body corporate may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute.\n(sec.182-ssec.5) The person must comply with the continuing contravention notice. Maximum penalty—20 penalty units.\n(sec.182-ssec.6) However, the person does not commit an offence under subsection (5) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (4) (c) .\n- (a) a person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and\n- (b) the circumstances of the contravention make it likely that the contravention will continue.\n- (a) that the body corporate believes the person is contravening a provision of the by-laws; and\n- (b) the provision the body corporate believes is being contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) the reasonable period within which the person must remedy the contravention; and\n- (e) that if the person does not comply with the notice the body corporate may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.","sortOrder":287},{"sectionNumber":"sec.182A","sectionType":"section","heading":"Continuing contravention notice—layered arrangement of community titles schemes","content":"### sec.182A Continuing contravention notice—layered arrangement of community titles schemes\n\nThis section applies if a body corporate for a community titles scheme in a layered arrangement of community titles schemes reasonably believes that—\nany of the following (each the person ) is contravening a provision of the by-laws for the scheme that is binding on the person—\nan owner or occupier of a lot in the scheme;\nan owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes;\nanother body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\nthe circumstances of the contravention make it likely that the contravention will continue.\nThe body corporate may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\nIf the continuing contravention notice is given to the owner or occupier of a lot mentioned in subsection (1) (a) (ii) , the body corporate giving the notice must give a copy of the notice to the body corporate for the community titles scheme that includes the lot.\nIf the continuing contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\nThe continuing contravention notice must state—\nthat the body corporate believes the person is contravening a provision of the by-laws; and\nthe provision the body corporate believes is being contravened; and\ndetails sufficient to identify the contravention; and\nthe reasonable period within which the person must remedy the contravention; and\nthat if the person does not comply with the notice the body corporate may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute; and\nother than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\nThe person must comply with the continuing contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\nIn this section—\nrelevant person means—\nif the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or\nif the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice—\nthe body corporate for the other community titles scheme; and\nan owner or occupier of a lot included in the other scheme.\ns 182A ins 2023 No. 29 s 14\n(sec.182A-ssec.1) This section applies if a body corporate for a community titles scheme in a layered arrangement of community titles schemes reasonably believes that— any of the following (each the person ) is contravening a provision of the by-laws for the scheme that is binding on the person— an owner or occupier of a lot in the scheme; an owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes; another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and the circumstances of the contravention make it likely that the contravention will continue.\n(sec.182A-ssec.2) The body corporate may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\n(sec.182A-ssec.3) If the continuing contravention notice is given to the owner or occupier of a lot mentioned in subsection (1) (a) (ii) , the body corporate giving the notice must give a copy of the notice to the body corporate for the community titles scheme that includes the lot.\n(sec.182A-ssec.4) If the continuing contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\n(sec.182A-ssec.5) The continuing contravention notice must state— that the body corporate believes the person is contravening a provision of the by-laws; and the provision the body corporate believes is being contravened; and details sufficient to identify the contravention; and the reasonable period within which the person must remedy the contravention; and that if the person does not comply with the notice the body corporate may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute; and other than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\n(sec.182A-ssec.6) The person must comply with the continuing contravention notice. Maximum penalty—20 penalty units.\n(sec.182A-ssec.7) However, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\n(sec.182A-ssec.8) In this section— relevant person means— if the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or if the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice— the body corporate for the other community titles scheme; and an owner or occupier of a lot included in the other scheme.\n- (a) any of the following (each the person ) is contravening a provision of the by-laws for the scheme that is binding on the person— (i) an owner or occupier of a lot in the scheme; (ii) an owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes; (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (i) an owner or occupier of a lot in the scheme;\n- (ii) an owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes;\n- (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (b) the circumstances of the contravention make it likely that the contravention will continue.\n- (i) an owner or occupier of a lot in the scheme;\n- (ii) an owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes;\n- (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (a) that the body corporate believes the person is contravening a provision of the by-laws; and\n- (b) the provision the body corporate believes is being contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) the reasonable period within which the person must remedy the contravention; and\n- (e) that if the person does not comply with the notice the body corporate may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute; and\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute; and\n- (f) other than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute; and\n- (a) if the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or\n- (b) if the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice— (i) the body corporate for the other community titles scheme; and (ii) an owner or occupier of a lot included in the other scheme.\n- (i) the body corporate for the other community titles scheme; and\n- (ii) an owner or occupier of a lot included in the other scheme.\n- (i) the body corporate for the other community titles scheme; and\n- (ii) an owner or occupier of a lot included in the other scheme.","sortOrder":288},{"sectionNumber":"sec.183","sectionType":"section","heading":"Future contravention notice—basic schemes not included in a layered arrangement of community titles schemes","content":"### sec.183 Future contravention notice—basic schemes not included in a layered arrangement of community titles schemes\n\nThis section applies if the body corporate for a community titles scheme that is a basic scheme that is not included in a layered arrangement of community titles schemes reasonably believes that—\na person (the person ) who is the owner or occupier of a lot included in a community titles scheme has contravened a provision of the by-laws for the scheme; and\nthe circumstances of the contravention make it likely that the contravention will be repeated.\nThe body corporate may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\nIf the future contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\nThe future contravention notice must state—\nthat the body corporate believes the person has contravened a provision of the by-laws; and\nthe provision the body corporate believes has been contravened; and\ndetails sufficient to identify the contravention; and\nthat the person must not repeat the contravention; and\nthat if the person does not comply with the notice the body corporate may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute.\nThe future contravention notice has effect for—\n3 months after it is given to the person; or\na shorter period mentioned in the notice.\nThe person must comply with the future contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (6) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (4) (c) .\ns 183 amd 2003 No. 6 s 59 ; 2023 No. 29 s 15\n(sec.183-ssec.1) This section applies if the body corporate for a community titles scheme that is a basic scheme that is not included in a layered arrangement of community titles schemes reasonably believes that— a person (the person ) who is the owner or occupier of a lot included in a community titles scheme has contravened a provision of the by-laws for the scheme; and the circumstances of the contravention make it likely that the contravention will be repeated.\n(sec.183-ssec.2) The body corporate may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\n(sec.183-ssec.3) If the future contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\n(sec.183-ssec.4) The future contravention notice must state— that the body corporate believes the person has contravened a provision of the by-laws; and the provision the body corporate believes has been contravened; and details sufficient to identify the contravention; and that the person must not repeat the contravention; and that if the person does not comply with the notice the body corporate may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute.\n(sec.183-ssec.5) The future contravention notice has effect for— 3 months after it is given to the person; or a shorter period mentioned in the notice.\n(sec.183-ssec.6) The person must comply with the future contravention notice. Maximum penalty—20 penalty units.\n(sec.183-ssec.7) However, the person does not commit an offence under subsection (6) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (4) (c) .\n- (a) a person (the person ) who is the owner or occupier of a lot included in a community titles scheme has contravened a provision of the by-laws for the scheme; and\n- (b) the circumstances of the contravention make it likely that the contravention will be repeated.\n- (a) that the body corporate believes the person has contravened a provision of the by-laws; and\n- (b) the provision the body corporate believes has been contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) that the person must not repeat the contravention; and\n- (e) that if the person does not comply with the notice the body corporate may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (a) 3 months after it is given to the person; or\n- (b) a shorter period mentioned in the notice.","sortOrder":289},{"sectionNumber":"sec.183AA","sectionType":"section","heading":"Future contravention notice—layered arrangement of community titles schemes","content":"### sec.183AA Future contravention notice—layered arrangement of community titles schemes\n\nThis section applies if a body corporate for a community titles scheme in a layered arrangement of community titles schemes reasonably believes that—\nany of the following (each the person ) has contravened a provision of the by-laws for the scheme that is binding on the person—\nan owner or occupier of a lot in the scheme;\nan owner or occupier of a lot in another community titles scheme included in the layered arrangement of community titles schemes;\nanother body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\nthe circumstances of the contravention make it likely that the contravention will be repeated.\nThe body corporate may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\nIf the future contravention notice is given to the owner or occupier of a lot mentioned in subsection (1) (a) (ii) , the body corporate giving the notice must give a copy of the future contravention notice to the body corporate for the community titles scheme that includes the lot.\nIf the future contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\nThe future contravention notice must state—\nthat the body corporate believes the person has contravened a provision of the by-laws; and\nthe provision the body corporate believes has been contravened; and\ndetails sufficient to identify the contravention; and\nthat the person must not repeat the contravention; and\nthat if the person does not comply with the notice while the notice is in effect the body corporate may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute; and\nother than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\nThe future contravention notice has effect for—\n3 months after it is given to the person; or\na shorter period mentioned in the notice.\nThe person must comply with the future contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (7) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\nIn this section—\nrelevant person means—\nif the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or\nif the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice—\nthe body corporate for the other community titles scheme; and\nan owner or occupier of a lot included in the other scheme.\ns 183AA ins 2023 No. 29 s 16\n(sec.183AA-ssec.1) This section applies if a body corporate for a community titles scheme in a layered arrangement of community titles schemes reasonably believes that— any of the following (each the person ) has contravened a provision of the by-laws for the scheme that is binding on the person— an owner or occupier of a lot in the scheme; an owner or occupier of a lot in another community titles scheme included in the layered arrangement of community titles schemes; another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and the circumstances of the contravention make it likely that the contravention will be repeated.\n(sec.183AA-ssec.2) The body corporate may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\n(sec.183AA-ssec.3) If the future contravention notice is given to the owner or occupier of a lot mentioned in subsection (1) (a) (ii) , the body corporate giving the notice must give a copy of the future contravention notice to the body corporate for the community titles scheme that includes the lot.\n(sec.183AA-ssec.4) If the future contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\n(sec.183AA-ssec.5) The future contravention notice must state— that the body corporate believes the person has contravened a provision of the by-laws; and the provision the body corporate believes has been contravened; and details sufficient to identify the contravention; and that the person must not repeat the contravention; and that if the person does not comply with the notice while the notice is in effect the body corporate may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute; and other than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\n(sec.183AA-ssec.6) The future contravention notice has effect for— 3 months after it is given to the person; or a shorter period mentioned in the notice.\n(sec.183AA-ssec.7) The person must comply with the future contravention notice. Maximum penalty—20 penalty units.\n(sec.183AA-ssec.8) However, the person does not commit an offence under subsection (7) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\n(sec.183AA-ssec.9) In this section— relevant person means— if the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or if the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice— the body corporate for the other community titles scheme; and an owner or occupier of a lot included in the other scheme.\n- (a) any of the following (each the person ) has contravened a provision of the by-laws for the scheme that is binding on the person— (i) an owner or occupier of a lot in the scheme; (ii) an owner or occupier of a lot in another community titles scheme included in the layered arrangement of community titles schemes; (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (i) an owner or occupier of a lot in the scheme;\n- (ii) an owner or occupier of a lot in another community titles scheme included in the layered arrangement of community titles schemes;\n- (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (b) the circumstances of the contravention make it likely that the contravention will be repeated.\n- (i) an owner or occupier of a lot in the scheme;\n- (ii) an owner or occupier of a lot in another community titles scheme included in the layered arrangement of community titles schemes;\n- (iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and\n- (a) that the body corporate believes the person has contravened a provision of the by-laws; and\n- (b) the provision the body corporate believes has been contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) that the person must not repeat the contravention; and\n- (e) that if the person does not comply with the notice while the notice is in effect the body corporate may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute; and\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute; and\n- (f) other than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute; and\n- (a) 3 months after it is given to the person; or\n- (b) a shorter period mentioned in the notice.\n- (a) if the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or\n- (b) if the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice— (i) the body corporate for the other community titles scheme; and (ii) an owner or occupier of a lot included in the other scheme.\n- (i) the body corporate for the other community titles scheme; and\n- (ii) an owner or occupier of a lot included in the other scheme.\n- (i) the body corporate for the other community titles scheme; and\n- (ii) an owner or occupier of a lot included in the other scheme.","sortOrder":290},{"sectionNumber":"sec.183A","sectionType":"section","heading":"Copy of contravention notice to be given to owner","content":"### sec.183A Copy of contravention notice to be given to owner\n\nIf, under this subdivision, the body corporate for a community titles scheme gives a contravention notice to a person who is not the owner of a lot included in the scheme, or the owner of a lot included in a scheme that is included in a layered arrangement of community titles schemes, the body corporate must give a copy of the notice to the owner of the lot.\nThe copy of the notice must be given to the owner when, or as soon as practicable after, the notice is given to the person mentioned in subsection (1) .\ns 183A (prev s 187) ins 2003 No. 6 s 60\namd 2011 No. 9 s 24 (1)\nreloc and renum 2011 No. 9 s 24 (2)\namd 2023 No. 29 s 17\n(sec.183A-ssec.1) If, under this subdivision, the body corporate for a community titles scheme gives a contravention notice to a person who is not the owner of a lot included in the scheme, or the owner of a lot included in a scheme that is included in a layered arrangement of community titles schemes, the body corporate must give a copy of the notice to the owner of the lot.\n(sec.183A-ssec.2) The copy of the notice must be given to the owner when, or as soon as practicable after, the notice is given to the person mentioned in subsection (1) .","sortOrder":291},{"sectionNumber":"sec.183B","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.183B Application of sdiv 2\n\nThis subdivision applies to a specified two-lot scheme.\ns 183B ins 2011 No. 9 s 21","sortOrder":292},{"sectionNumber":"sec.183C","sectionType":"section","heading":"Continuing contravention notice","content":"### sec.183C Continuing contravention notice\n\nThis section applies to a specified two-lot scheme if an owner of a lot included in the scheme (the complainant ) reasonably believes that—\na person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and\nthe circumstances of the contravention make it likely that the contravention will continue.\nThe complainant may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\nA complainant who gives a continuing contravention notice under subsection (2) must when, or as soon as practicable after, the notice is given to the person, also—\ngive a copy of the notice to the body corporate; and\nif the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\nIf the continuing contravention notice is given following a request under section 185 (3) (b) (i) , the complainant must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\nThe continuing contravention notice must state—\nthat the complainant believes the person is contravening a provision of the by-laws; and\nthe provision the complainant believes is being contravened; and\ndetails sufficient to identify the contravention; and\nthe period (which must be reasonable in the circumstances) within which the person must remedy the contravention; and\nthat if the person does not comply with the notice the complainant may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute.\nThe person must comply with the continuing contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\ns 183C ins 2011 No. 9 s 21\n(sec.183C-ssec.1) This section applies to a specified two-lot scheme if an owner of a lot included in the scheme (the complainant ) reasonably believes that— a person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and the circumstances of the contravention make it likely that the contravention will continue.\n(sec.183C-ssec.2) The complainant may, by notice (a continuing contravention notice ) given to the person, require the person to remedy the contravention.\n(sec.183C-ssec.3) A complainant who gives a continuing contravention notice under subsection (2) must when, or as soon as practicable after, the notice is given to the person, also— give a copy of the notice to the body corporate; and if the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\n(sec.183C-ssec.4) If the continuing contravention notice is given following a request under section 185 (3) (b) (i) , the complainant must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.\n(sec.183C-ssec.5) The continuing contravention notice must state— that the complainant believes the person is contravening a provision of the by-laws; and the provision the complainant believes is being contravened; and details sufficient to identify the contravention; and the period (which must be reasonable in the circumstances) within which the person must remedy the contravention; and that if the person does not comply with the notice the complainant may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute.\n(sec.183C-ssec.6) The person must comply with the continuing contravention notice. Maximum penalty—20 penalty units.\n(sec.183C-ssec.7) However, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\n- (a) a person (the person ) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and\n- (b) the circumstances of the contravention make it likely that the contravention will continue.\n- (a) give a copy of the notice to the body corporate; and\n- (b) if the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\n- (a) that the complainant believes the person is contravening a provision of the by-laws; and\n- (b) the provision the complainant believes is being contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) the period (which must be reasonable in the circumstances) within which the person must remedy the contravention; and\n- (e) that if the person does not comply with the notice the complainant may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.","sortOrder":293},{"sectionNumber":"sec.183D","sectionType":"section","heading":"Future contravention notice","content":"### sec.183D Future contravention notice\n\nThis section applies to a specified two-lot scheme if an owner of a lot included in the scheme (the complainant ) reasonably believes that—\na person (the person ) who is the owner or occupier of a lot included in the scheme has contravened a provision of the by-laws for the scheme; and\nthe circumstances of the contravention make it likely that the contravention will be repeated.\nThe complainant may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\nA complainant who gives a future contravention notice under subsection (2) must when, or as soon as practicable after, the notice is given to the person, also—\ngive a copy of the notice to the body corporate; and\nif the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\nIf the future contravention notice is given following a request under section 185 (3) (b) (i) , the complainant must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\nThe future contravention notice must state—\nthat the complainant believes the person has contravened a provision of the by-laws; and\nthe provision the complainant believes has been contravened; and\ndetails sufficient to identify the contravention; and\nthat the person must not repeat the contravention; and\nthat if the person does not comply with the notice the complainant may, without further notice—\nstart proceedings in the Magistrates Court for the failure to comply with the notice; or\nmake an application under chapter 6 for resolution of the dispute.\nThe future contravention notice has effect for—\n3 months after it is given to the person; or\na shorter period mentioned in the notice.\nThe person must comply with the future contravention notice.\nMaximum penalty—20 penalty units.\nHowever, the person does not commit an offence under subsection (7) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\ns 183D ins 2011 No. 9 s 21\n(sec.183D-ssec.1) This section applies to a specified two-lot scheme if an owner of a lot included in the scheme (the complainant ) reasonably believes that— a person (the person ) who is the owner or occupier of a lot included in the scheme has contravened a provision of the by-laws for the scheme; and the circumstances of the contravention make it likely that the contravention will be repeated.\n(sec.183D-ssec.2) The complainant may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention.\n(sec.183D-ssec.3) A complainant who gives a future contravention notice under subsection (2) must when, or as soon as practicable after, the notice is given to the person, also— give a copy of the notice to the body corporate; and if the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\n(sec.183D-ssec.4) If the future contravention notice is given following a request under section 185 (3) (b) (i) , the complainant must, within 14 days after receiving the request, advise the person who made the request that the future contravention notice has been given.\n(sec.183D-ssec.5) The future contravention notice must state— that the complainant believes the person has contravened a provision of the by-laws; and the provision the complainant believes has been contravened; and details sufficient to identify the contravention; and that the person must not repeat the contravention; and that if the person does not comply with the notice the complainant may, without further notice— start proceedings in the Magistrates Court for the failure to comply with the notice; or make an application under chapter 6 for resolution of the dispute.\n(sec.183D-ssec.6) The future contravention notice has effect for— 3 months after it is given to the person; or a shorter period mentioned in the notice.\n(sec.183D-ssec.7) The person must comply with the future contravention notice. Maximum penalty—20 penalty units.\n(sec.183D-ssec.8) However, the person does not commit an offence under subsection (7) if, when the future contravention notice is given to the person, the person has not contravened the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .\n- (a) a person (the person ) who is the owner or occupier of a lot included in the scheme has contravened a provision of the by-laws for the scheme; and\n- (b) the circumstances of the contravention make it likely that the contravention will be repeated.\n- (a) give a copy of the notice to the body corporate; and\n- (b) if the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.\n- (a) that the complainant believes the person has contravened a provision of the by-laws; and\n- (b) the provision the complainant believes has been contravened; and\n- (c) details sufficient to identify the contravention; and\n- (d) that the person must not repeat the contravention; and\n- (e) that if the person does not comply with the notice the complainant may, without further notice— (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (i) start proceedings in the Magistrates Court for the failure to comply with the notice; or\n- (ii) make an application under chapter 6 for resolution of the dispute.\n- (a) 3 months after it is given to the person; or\n- (b) a shorter period mentioned in the notice.","sortOrder":294},{"sectionNumber":"sec.184","sectionType":"section","heading":"Preliminary procedure for application by body corporate for resolution of dispute","content":"### sec.184 Preliminary procedure for application by body corporate for resolution of dispute\n\nThis section applies if—\na dispute exists between—\nthe body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or\nthe body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or\nthe body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and\nthe dispute arises because the aggrieved body corporate reasonably believes—\nthat—\nthe owner or occupier has contravened a provision of the by-laws for the scheme; or\nthe other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or\nthe owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and\nthe circumstances of the contravention make it likely the contravention will continue or be repeated.\nThe body corporate may make an application under chapter 6 for resolution of the dispute only if the body corporate has given the owner or occupier, or other body corporate, a contravention notice for the contravention the subject of the dispute.\nThis section is subject to section 186 .\ns 184 ins 2003 No. 6 s 60\namd 2023 No. 29 s 18\n(sec.184-ssec.1) This section applies if— a dispute exists between— the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and the dispute arises because the aggrieved body corporate reasonably believes— that— the owner or occupier has contravened a provision of the by-laws for the scheme; or the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and the circumstances of the contravention make it likely the contravention will continue or be repeated.\n(sec.184-ssec.2) The body corporate may make an application under chapter 6 for resolution of the dispute only if the body corporate has given the owner or occupier, or other body corporate, a contravention notice for the contravention the subject of the dispute.\n(sec.184-ssec.3) This section is subject to section 186 .\n- (a) a dispute exists between— (i) the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or (ii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or (iii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and\n- (i) the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or\n- (ii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or\n- (iii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and\n- (b) the dispute arises because the aggrieved body corporate reasonably believes— (i) that— (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (i) that— (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and\n- (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or\n- (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or\n- (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and\n- (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (i) the body corporate for a community titles scheme (the aggrieved body corporate ) and the owner or occupier of a lot included in the scheme; or\n- (ii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or\n- (iii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the aggrieved body corporate ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and\n- (i) that— (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and\n- (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or\n- (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or\n- (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and\n- (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (A) the owner or occupier has contravened a provision of the by-laws for the scheme; or\n- (B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or\n- (C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and","sortOrder":295},{"sectionNumber":"sec.185","sectionType":"section","heading":"Preliminary procedure for application by owner and occupier for resolution of dispute","content":"### sec.185 Preliminary procedure for application by owner and occupier for resolution of dispute\n\nThis section applies if—\na dispute exists between—\nthe owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or\nthe owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and\nthe dispute arises because the complainant reasonably believes that—\nthe accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and\nthe circumstances of the contravention make it likely the contravention will continue or be repeated.\nFor a complainant who is the owner or occupier of a lot mentioned in subsection (1) (a) , other than an owner of a lot in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—\nthe complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and\nthe accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person.\nFor a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—\nif the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or\nif the complainant is an occupier of a lot included in the scheme—\nthe complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and\nthe lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.\nThis section is subject to section 186 .\nIn this section—\naccused person’s body corporate means the body corporate for the community titles scheme that includes the accused person’s lot.\nowner or occupier , of a lot, does not include an owner that—\nis a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and\nhas given an accused person—\na continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or\na future contravention notice under section 183AA (2) for a contravention the subject of the dispute.\ns 185 ins 2003 No. 6 s 60\namd 2011 No. 9 s 23 ; 2023 No. 29 s 19\n(sec.185-ssec.1) This section applies if— a dispute exists between— the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and the dispute arises because the complainant reasonably believes that— the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and the circumstances of the contravention make it likely the contravention will continue or be repeated.\n(sec.185-ssec.2) For a complainant who is the owner or occupier of a lot mentioned in subsection (1) (a) , other than an owner of a lot in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— the complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and the accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person.\n(sec.185-ssec.3) For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if— if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or if the complainant is an occupier of a lot included in the scheme— the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.\n(sec.185-ssec.4) This section is subject to section 186 .\n(sec.185-ssec.5) In this section— accused person’s body corporate means the body corporate for the community titles scheme that includes the accused person’s lot. owner or occupier , of a lot, does not include an owner that— is a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and has given an accused person— a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.\n- (a) a dispute exists between— (i) the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or (ii) the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and\n- (i) the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or\n- (ii) the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and\n- (b) the dispute arises because the complainant reasonably believes that— (i) the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (i) the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and\n- (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (i) the owner or occupier of a lot included in a community titles scheme (the complainant ) and the owner or occupier of another lot included in the scheme (the accused person ); or\n- (ii) the owner or occupier of a lot (also the complainant ) included in a community titles scheme ( scheme A ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme ( scheme B ) in the layered arrangement (also the accused person ) and the dispute relates to by-laws that are binding on both; and\n- (i) the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and\n- (ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.\n- (a) the complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and\n- (b) the accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person.\n- (a) if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or\n- (b) if the complainant is an occupier of a lot included in the scheme— (i) the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and (ii) the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.\n- (i) the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and\n- (ii) the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.\n- (i) the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and\n- (ii) the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.\n- (a) is a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and\n- (b) has given an accused person— (i) a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or (ii) a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.\n- (i) a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or\n- (ii) a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.\n- (i) a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or\n- (ii) a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.","sortOrder":296},{"sectionNumber":"sec.186","sectionType":"section","heading":"Dispensing with preliminary procedures","content":"### sec.186 Dispensing with preliminary procedures\n\nA body corporate involved in a dispute of a kind mentioned in section 184 (1) may make an application under chapter 6 , without complying with section 184 (2) , if—\nthe requirement mentioned in subsection (3) is satisfied; or\nthe dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) .\nThe owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185 (1) may make an application under chapter 6 , without complying with section 185 (2) or (3) , if—\nthe requirement mentioned in subsection (3) is satisfied; or\nthe dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) .\nFor subsection (1) (a) or (2) (a) , the requirement is that—\nthe body corporate, owner or occupier (the initiating party ) reasonably believes—\nspecial circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and\nbecause of the special circumstances, it is necessary for the dispute to be resolved urgently; and\nthe application is for an interim order of an adjudicator.\nFor subsection (3) , special circumstances apply for a contravention if the contravention—\nis likely to cause—\ninjury to persons; or\nserious damage to property; or\nis a risk to the health or safety of persons; or\nis causing a serious nuisance to persons; or\nfor another reason, gives rise to an emergency.\ns 186 ins 2003 No. 6 s 60\namd 2011 No. 9 s 3 sch\n(sec.186-ssec.1) A body corporate involved in a dispute of a kind mentioned in section 184 (1) may make an application under chapter 6 , without complying with section 184 (2) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) .\n(sec.186-ssec.2) The owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185 (1) may make an application under chapter 6 , without complying with section 185 (2) or (3) , if— the requirement mentioned in subsection (3) is satisfied; or the dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) .\n(sec.186-ssec.3) For subsection (1) (a) or (2) (a) , the requirement is that— the body corporate, owner or occupier (the initiating party ) reasonably believes— special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and because of the special circumstances, it is necessary for the dispute to be resolved urgently; and the application is for an interim order of an adjudicator.\n(sec.186-ssec.4) For subsection (3) , special circumstances apply for a contravention if the contravention— is likely to cause— injury to persons; or serious damage to property; or is a risk to the health or safety of persons; or is causing a serious nuisance to persons; or for another reason, gives rise to an emergency.\n- (a) the requirement mentioned in subsection (3) is satisfied; or\n- (b) the dispute is incidental to an application by the body corporate for an order under section 281 (1) (a) or (b) .\n- (a) the requirement mentioned in subsection (3) is satisfied; or\n- (b) the dispute is incidental to an application by the complainant for an order under section 281 (1) (a) or (b) .\n- (a) the body corporate, owner or occupier (the initiating party ) reasonably believes— (i) special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and (ii) because of the special circumstances, it is necessary for the dispute to be resolved urgently; and\n- (i) special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and\n- (ii) because of the special circumstances, it is necessary for the dispute to be resolved urgently; and\n- (b) the application is for an interim order of an adjudicator.\n- (i) special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and\n- (ii) because of the special circumstances, it is necessary for the dispute to be resolved urgently; and\n- (a) is likely to cause— (i) injury to persons; or (ii) serious damage to property; or\n- (i) injury to persons; or\n- (ii) serious damage to property; or\n- (b) is a risk to the health or safety of persons; or\n- (c) is causing a serious nuisance to persons; or\n- (d) for another reason, gives rise to an emergency.\n- (i) injury to persons; or\n- (ii) serious damage to property; or","sortOrder":297},{"sectionNumber":"sec.188","sectionType":"section","heading":"Who may start proceeding","content":"### sec.188 Who may start proceeding\n\nA proceeding for an offence under this division may be started only by—\nfor an offence under subdivision 1 —the body corporate that gave the continuing contravention notice or future contravention notice the subject of the proceeding; or\nfor an offence under subdivision 2 —the owner that gave the continuing contravention notice or future contravention notice.\ns 188 sub 2011 No. 9 s 25\n- (a) for an offence under subdivision 1 —the body corporate that gave the continuing contravention notice or future contravention notice the subject of the proceeding; or\n- (b) for an offence under subdivision 2 —the owner that gave the continuing contravention notice or future contravention notice.","sortOrder":298},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Insurance","content":"# Insurance","sortOrder":299},{"sectionNumber":"sec.189","sectionType":"section","heading":"Insurance for community titles schemes","content":"### sec.189 Insurance for community titles schemes\n\nThe regulation module applying to a community titles scheme may require the body corporate to put in place insurance for the scheme.\nHowever, subsection (3) applies if a body corporate for a community titles scheme can not comply with the requirement under the regulation module applying to the scheme to insure for full replacement value—\nto the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or\neach building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot.\nThe body corporate may make an adjudication application for an alternative insurance order.\nTo avoid doubt, it is declared that—\nthe body corporate may put in place for the scheme, in the way and to the extent the body corporate decides, additional insurance to—\nthe insurance it is required to put in place under the regulation module applying to the scheme; or\nany alternative insurance approved by an adjudicator (an alternative insurance order ); and\nthis part does not affect any obligation the body corporate may have under another Act to put insurance in place.\ns 189 amd 2023 No. 29 s 20\n(sec.189-ssec.1) The regulation module applying to a community titles scheme may require the body corporate to put in place insurance for the scheme.\n(sec.189-ssec.2) However, subsection (3) applies if a body corporate for a community titles scheme can not comply with the requirement under the regulation module applying to the scheme to insure for full replacement value— to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot.\n(sec.189-ssec.3) The body corporate may make an adjudication application for an alternative insurance order.\n(sec.189-ssec.4) To avoid doubt, it is declared that— the body corporate may put in place for the scheme, in the way and to the extent the body corporate decides, additional insurance to— the insurance it is required to put in place under the regulation module applying to the scheme; or any alternative insurance approved by an adjudicator (an alternative insurance order ); and this part does not affect any obligation the body corporate may have under another Act to put insurance in place.\n- (a) to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or\n- (b) each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot.\n- (a) the body corporate may put in place for the scheme, in the way and to the extent the body corporate decides, additional insurance to— (i) the insurance it is required to put in place under the regulation module applying to the scheme; or (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and\n- (i) the insurance it is required to put in place under the regulation module applying to the scheme; or (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and\n- (i) the insurance it is required to put in place under the regulation module applying to the scheme; or\n- (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and\n- (b) this part does not affect any obligation the body corporate may have under another Act to put insurance in place.\n- (i) the insurance it is required to put in place under the regulation module applying to the scheme; or (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and\n- (i) the insurance it is required to put in place under the regulation module applying to the scheme; or\n- (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and\n- (i) the insurance it is required to put in place under the regulation module applying to the scheme; or\n- (ii) any alternative insurance approved by an adjudicator (an alternative insurance order ); and","sortOrder":300},{"sectionNumber":"sec.190","sectionType":"section","heading":"Insurable interest","content":"### sec.190 Insurable interest\n\nThe body corporate for a community titles scheme has an insurable interest for the purpose of the insurance—\nit is required to put in place under the regulation module applying to the scheme; or\nput in place under an alternative insurance order.\ns 190 amd 2023 No. 29 s 21\n- (a) it is required to put in place under the regulation module applying to the scheme; or\n- (b) put in place under an alternative insurance order.","sortOrder":301},{"sectionNumber":"sec.191","sectionType":"section","heading":"Responsibility of original owner","content":"### sec.191 Responsibility of original owner\n\nThis section applies to a person who on the establishment of a community titles scheme becomes the original owner for the scheme.\nThe person must ensure that when the scheme is established, policies of insurance that are required for the scheme under section 189 (1) are immediately in force for 12 months.\nMaximum penalty—150 penalty units.\nIf the regulation module requires a building to be insured for full replacement value, the original owner—\nmust obtain from a quantity surveyor or registered valuer an independent valuation stating the replacement value of the building; and\nmust ensure the policy of insurance for the building, taken out by the original owner as required under subsection (2) , covers the full replacement value stated in the independent valuation.\nMaximum penalty—150 penalty units.\nIf the person does not take out the insurance required under subsection (2) , the body corporate, or other entity that is required to take out insurance, may recover the cost of taking out the required insurance as a debt owing to the body corporate or other entity by the person.\nThis section does not prevent the person from recouping the costs of the insurance for the balance of the period for which it was taken out from the buyers of lots included in the scheme, by agreement.\ns 191 amd 2003 No. 6 s 61 ; 2023 No. 29 s 22\n(sec.191-ssec.1) This section applies to a person who on the establishment of a community titles scheme becomes the original owner for the scheme.\n(sec.191-ssec.2) The person must ensure that when the scheme is established, policies of insurance that are required for the scheme under section 189 (1) are immediately in force for 12 months. Maximum penalty—150 penalty units.\n(sec.191-ssec.3) If the regulation module requires a building to be insured for full replacement value, the original owner— must obtain from a quantity surveyor or registered valuer an independent valuation stating the replacement value of the building; and must ensure the policy of insurance for the building, taken out by the original owner as required under subsection (2) , covers the full replacement value stated in the independent valuation. Maximum penalty—150 penalty units.\n(sec.191-ssec.4) If the person does not take out the insurance required under subsection (2) , the body corporate, or other entity that is required to take out insurance, may recover the cost of taking out the required insurance as a debt owing to the body corporate or other entity by the person.\n(sec.191-ssec.5) This section does not prevent the person from recouping the costs of the insurance for the balance of the period for which it was taken out from the buyers of lots included in the scheme, by agreement.\n- (a) must obtain from a quantity surveyor or registered valuer an independent valuation stating the replacement value of the building; and\n- (b) must ensure the policy of insurance for the building, taken out by the original owner as required under subsection (2) , covers the full replacement value stated in the independent valuation.","sortOrder":302},{"sectionNumber":"sec.192","sectionType":"section","heading":"Mortgagees","content":"### sec.192 Mortgagees\n\nThis section applies if, for a community titles scheme—\nthere is a registered mortgagee of a lot included in the scheme; and\nthere is in place insurance—\nrequired to be put in place under the regulation module applying to the scheme; or\nput in place under an alternative insurance order.\nThe mortgagee’s interest in the lot mentioned in subsection (1) (a) is taken to be noted on the policy for the insurance mentioned in subsection (1) (b) .\ns 192 amd 2023 No. 29 s 23\n(sec.192-ssec.1) This section applies if, for a community titles scheme— there is a registered mortgagee of a lot included in the scheme; and there is in place insurance— required to be put in place under the regulation module applying to the scheme; or put in place under an alternative insurance order.\n(sec.192-ssec.2) The mortgagee’s interest in the lot mentioned in subsection (1) (a) is taken to be noted on the policy for the insurance mentioned in subsection (1) (b) .\n- (a) there is a registered mortgagee of a lot included in the scheme; and\n- (b) there is in place insurance— (i) required to be put in place under the regulation module applying to the scheme; or (ii) put in place under an alternative insurance order.\n- (i) required to be put in place under the regulation module applying to the scheme; or\n- (ii) put in place under an alternative insurance order.\n- (i) required to be put in place under the regulation module applying to the scheme; or\n- (ii) put in place under an alternative insurance order.","sortOrder":303},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Valuation, rating and taxation","content":"# Valuation, rating and taxation","sortOrder":304},{"sectionNumber":"sec.193","sectionType":"section","heading":"How lot is to be regarded for rating or taxing purposes","content":"### sec.193 How lot is to be regarded for rating or taxing purposes\n\nEach lot that is scheme land for a community titles scheme is a separate lot, piece or parcel of land for a law imposing charges, levies, rates or taxes on land.","sortOrder":305},{"sectionNumber":"sec.194","sectionType":"section","heading":"Charges, levies, rates and taxes for community titles scheme","content":"### sec.194 Charges, levies, rates and taxes for community titles scheme\n\nFor calculating the value of a lot included in a community titles scheme for the purpose of a charge, levy, rate or tax payable to a local government, the commissioner under the repealed Land Tax Act 1915 or other authority, the value of the scheme land is apportioned between the lots included in the scheme in proportion to the interest schedule lot entitlement for each lot.\nFor assessing liability for land tax on a lot included in a community titles scheme after 30 June 2010, see the Land Tax Act 2010 , section 29 .\nSubject to section 198 , the body corporate is not liable for a charge, levy, rate or tax on the common property based on the value of land.\nIf the value of the scheme land for a basic scheme that includes 3 lots, each with the same interest schedule lot entitlement, is $120,000, the value for each lot is $40,000. Effectively, each lot’s value includes a component for the value of the common property.\nThis example applies to a community titles scheme ( scheme A ) that is not a basic scheme but includes 2 lots (and common property), with each lot being a basic scheme ( scheme B and scheme C ), each having the same interest schedule lot entitlement listed for it in scheme A’s interest schedule. If the value of the scheme land for scheme A is $800,000, the value for scheme B’s scheme land is $400,000. To calculate the value of each lot included in scheme B, the figure of $400,000 must be apportioned between the lots included in scheme B according to the interest schedule lot entitlements of those lots as listed in scheme B’s interest schedule.\ns 194 amd 2010 No. 15 s 98 sch 3 ; 2010 No. 39 s 325 sch 1 pt 2\n(sec.194-ssec.1) For calculating the value of a lot included in a community titles scheme for the purpose of a charge, levy, rate or tax payable to a local government, the commissioner under the repealed Land Tax Act 1915 or other authority, the value of the scheme land is apportioned between the lots included in the scheme in proportion to the interest schedule lot entitlement for each lot. For assessing liability for land tax on a lot included in a community titles scheme after 30 June 2010, see the Land Tax Act 2010 , section 29 .\n(sec.194-ssec.2) Subject to section 198 , the body corporate is not liable for a charge, levy, rate or tax on the common property based on the value of land. If the value of the scheme land for a basic scheme that includes 3 lots, each with the same interest schedule lot entitlement, is $120,000, the value for each lot is $40,000. Effectively, each lot’s value includes a component for the value of the common property. This example applies to a community titles scheme ( scheme A ) that is not a basic scheme but includes 2 lots (and common property), with each lot being a basic scheme ( scheme B and scheme C ), each having the same interest schedule lot entitlement listed for it in scheme A’s interest schedule. If the value of the scheme land for scheme A is $800,000, the value for scheme B’s scheme land is $400,000. To calculate the value of each lot included in scheme B, the figure of $400,000 must be apportioned between the lots included in scheme B according to the interest schedule lot entitlements of those lots as listed in scheme B’s interest schedule.\n- 1 If the value of the scheme land for a basic scheme that includes 3 lots, each with the same interest schedule lot entitlement, is $120,000, the value for each lot is $40,000. Effectively, each lot’s value includes a component for the value of the common property.\n- 2 This example applies to a community titles scheme ( scheme A ) that is not a basic scheme but includes 2 lots (and common property), with each lot being a basic scheme ( scheme B and scheme C ), each having the same interest schedule lot entitlement listed for it in scheme A’s interest schedule. If the value of the scheme land for scheme A is $800,000, the value for scheme B’s scheme land is $400,000. To calculate the value of each lot included in scheme B, the figure of $400,000 must be apportioned between the lots included in scheme B according to the interest schedule lot entitlements of those lots as listed in scheme B’s interest schedule.","sortOrder":306},{"sectionNumber":"sec.195","sectionType":"section","heading":"Utility services separately measured, supplied and charged","content":"### sec.195 Utility services separately measured, supplied and charged\n\nThe body corporate for a community titles scheme is liable for a charge for water, gas, sewerage, cleansing or another utility service supplied to the common property if the charge is—\nfor a utility service that is separately measured for its supply to the common property; and\nseparately charged to the body corporate; and\ncalculated in a way that is unrelated to the value of land.\nThe body corporate is liable for charges made by the local government for water, separately measured and supplied to the common property for gardens or a swimming pool, and, if appropriately levied by the local government, for a flat rate fee applying in relation to the supply of water to the common property.\nThe owner of a lot included in the scheme is liable for a charge for water, gas, sewerage, cleansing or another utility service supplied to the lot if the charge is—\nfor a utility service that is separately measured for its supply to the lot; and\nseparately charged to the lot owner; and\ncalculated in a way that is unrelated to the value of land.\ns 195 amd 2010 No. 39 s 325 sch 1 pt 2\n(sec.195-ssec.1) The body corporate for a community titles scheme is liable for a charge for water, gas, sewerage, cleansing or another utility service supplied to the common property if the charge is— for a utility service that is separately measured for its supply to the common property; and separately charged to the body corporate; and calculated in a way that is unrelated to the value of land. The body corporate is liable for charges made by the local government for water, separately measured and supplied to the common property for gardens or a swimming pool, and, if appropriately levied by the local government, for a flat rate fee applying in relation to the supply of water to the common property.\n(sec.195-ssec.2) The owner of a lot included in the scheme is liable for a charge for water, gas, sewerage, cleansing or another utility service supplied to the lot if the charge is— for a utility service that is separately measured for its supply to the lot; and separately charged to the lot owner; and calculated in a way that is unrelated to the value of land.\n- (a) for a utility service that is separately measured for its supply to the common property; and\n- (b) separately charged to the body corporate; and\n- (c) calculated in a way that is unrelated to the value of land.\n- (a) for a utility service that is separately measured for its supply to the lot; and\n- (b) separately charged to the lot owner; and\n- (c) calculated in a way that is unrelated to the value of land.","sortOrder":307},{"sectionNumber":"sec.196","sectionType":"section","heading":"Utility services not separately charged for","content":"### sec.196 Utility services not separately charged for\n\nThis section applies to a community titles scheme if—\nthere is no practicable way available to a utility service provider to measure the extent to which the utility service is supplied to—\neach lot included in the scheme; and\nif the utility service is also supplied to the common property—the common property; and\nthe supply of the utility service to scheme land is charged according to usage, and is not charged for on the basis of the value of land.\nA lot owner is liable to the utility service provider for a share of the total amount payable for the provision of the utility service to scheme land.\nThe share is proportionate to the contribution schedule lot entitlement for the lot.\nHowever, the body corporate may, by arrangement with the utility service provider, take on liability for owners or occupiers of the lots for the utility service supplied for the benefit of owners or occupiers.\nIf an arrangement is in force under subsection (4) , the utility service provider can not separately charge the owners or occupiers for the utility service to which the arrangement relates, and the body corporate must satisfy the liability to the utility service provider out of—\nthe contributions paid by lot owners to the body corporate under the regulation module applying to the scheme; or\na levy imposed on the individual lot owners in the way stated in subsection (6) .\nThe levy must be made—\nfor lots for which the body corporate has a way of measuring the extent to which the utility service is supplied to each lot—according to the extent of supply; and\nfor lots for which the body corporate does not have a way of measuring the extent to which the utility service is supplied to each lot—\nequally between the lot owners; or\nproportionately among the lot owners according to the contribution schedule lot entitlement for each lot.\nSubsections (8) , (9) and (10) apply if—\nan arrangement is in force under subsection (4) ; and\nthe body corporate fails to satisfy the liability to the utility service provider under the arrangement by the day the liability becomes payable.\nIf the utility service provider is a local government, the unpaid amount of the liability becomes an overdue rate under the Local Government Act 2009 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.\nIf the utility service provider is MEDQ, the unpaid amount becomes a special rate or charge under the Economic Development Act 2012 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.\nIf the utility service provider is not a local government or MEDQ—\nthe unpaid amount is payable proportionately by each lot owner, according to the contribution schedule lot entitlement for the lot; and\nthe amount payable by a lot owner is a charge on the lot.\nFor applying the Economic Development Act 2012 , section 117 for the purposes of subsection (9) , the reference in the section to the land is taken to be a reference to each lot.\nSubsection (10) is in addition to any other remedy the utility service provider has for recovery of the unpaid amount.\nThis section does not apply to a community titles scheme established after 1 January 2008 in relation to a utility service that is water reticulation or supply if devices for separately measuring the supply of water to each lot and the common property are installed on the scheme land—\nafter 1 January 2008; and\nunder a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\nIn this section—\nliability , for an owner or occupier of a lot for which a utility service is supplied for the benefit of the owner or occupier, does not include the owner’s or occupier’s liability for a fee charged by the utility service provider for providing the utility infrastructure for the service.\nutility service provider includes a local government in whose local government area scheme land is located but does not include—\na body corporate manager, service contractor or letting agent; or\nan associate of a person mentioned in paragraph (a) .\ns 196 amd 2003 No. 6 s 62 ; 2007 No. 41 s 146I ; 2007 No. 57 s 5 ; 2009 No. 17 s 331 sch 1 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2012 No. 43 s 221 sch 1 ; 2018 No. 17 s 197 sch 2\n(sec.196-ssec.1) This section applies to a community titles scheme if— there is no practicable way available to a utility service provider to measure the extent to which the utility service is supplied to— each lot included in the scheme; and if the utility service is also supplied to the common property—the common property; and the supply of the utility service to scheme land is charged according to usage, and is not charged for on the basis of the value of land.\n(sec.196-ssec.2) A lot owner is liable to the utility service provider for a share of the total amount payable for the provision of the utility service to scheme land.\n(sec.196-ssec.3) The share is proportionate to the contribution schedule lot entitlement for the lot.\n(sec.196-ssec.4) However, the body corporate may, by arrangement with the utility service provider, take on liability for owners or occupiers of the lots for the utility service supplied for the benefit of owners or occupiers.\n(sec.196-ssec.5) If an arrangement is in force under subsection (4) , the utility service provider can not separately charge the owners or occupiers for the utility service to which the arrangement relates, and the body corporate must satisfy the liability to the utility service provider out of— the contributions paid by lot owners to the body corporate under the regulation module applying to the scheme; or a levy imposed on the individual lot owners in the way stated in subsection (6) .\n(sec.196-ssec.6) The levy must be made— for lots for which the body corporate has a way of measuring the extent to which the utility service is supplied to each lot—according to the extent of supply; and for lots for which the body corporate does not have a way of measuring the extent to which the utility service is supplied to each lot— equally between the lot owners; or proportionately among the lot owners according to the contribution schedule lot entitlement for each lot.\n(sec.196-ssec.7) Subsections (8) , (9) and (10) apply if— an arrangement is in force under subsection (4) ; and the body corporate fails to satisfy the liability to the utility service provider under the arrangement by the day the liability becomes payable.\n(sec.196-ssec.8) If the utility service provider is a local government, the unpaid amount of the liability becomes an overdue rate under the Local Government Act 2009 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.\n(sec.196-ssec.9) If the utility service provider is MEDQ, the unpaid amount becomes a special rate or charge under the Economic Development Act 2012 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.\n(sec.196-ssec.10) If the utility service provider is not a local government or MEDQ— the unpaid amount is payable proportionately by each lot owner, according to the contribution schedule lot entitlement for the lot; and the amount payable by a lot owner is a charge on the lot.\n(sec.196-ssec.11) For applying the Economic Development Act 2012 , section 117 for the purposes of subsection (9) , the reference in the section to the land is taken to be a reference to each lot.\n(sec.196-ssec.12) Subsection (10) is in addition to any other remedy the utility service provider has for recovery of the unpaid amount.\n(sec.196-ssec.13) This section does not apply to a community titles scheme established after 1 January 2008 in relation to a utility service that is water reticulation or supply if devices for separately measuring the supply of water to each lot and the common property are installed on the scheme land— after 1 January 2008; and under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n(sec.196-ssec.14) In this section— liability , for an owner or occupier of a lot for which a utility service is supplied for the benefit of the owner or occupier, does not include the owner’s or occupier’s liability for a fee charged by the utility service provider for providing the utility infrastructure for the service. utility service provider includes a local government in whose local government area scheme land is located but does not include— a body corporate manager, service contractor or letting agent; or an associate of a person mentioned in paragraph (a) .\n- (a) there is no practicable way available to a utility service provider to measure the extent to which the utility service is supplied to— (i) each lot included in the scheme; and (ii) if the utility service is also supplied to the common property—the common property; and\n- (i) each lot included in the scheme; and\n- (ii) if the utility service is also supplied to the common property—the common property; and\n- (b) the supply of the utility service to scheme land is charged according to usage, and is not charged for on the basis of the value of land.\n- (i) each lot included in the scheme; and\n- (ii) if the utility service is also supplied to the common property—the common property; and\n- (a) the contributions paid by lot owners to the body corporate under the regulation module applying to the scheme; or\n- (b) a levy imposed on the individual lot owners in the way stated in subsection (6) .\n- (a) for lots for which the body corporate has a way of measuring the extent to which the utility service is supplied to each lot—according to the extent of supply; and\n- (b) for lots for which the body corporate does not have a way of measuring the extent to which the utility service is supplied to each lot— (i) equally between the lot owners; or (ii) proportionately among the lot owners according to the contribution schedule lot entitlement for each lot.\n- (i) equally between the lot owners; or\n- (ii) proportionately among the lot owners according to the contribution schedule lot entitlement for each lot.\n- (i) equally between the lot owners; or\n- (ii) proportionately among the lot owners according to the contribution schedule lot entitlement for each lot.\n- (a) an arrangement is in force under subsection (4) ; and\n- (b) the body corporate fails to satisfy the liability to the utility service provider under the arrangement by the day the liability becomes payable.\n- (a) the unpaid amount is payable proportionately by each lot owner, according to the contribution schedule lot entitlement for the lot; and\n- (b) the amount payable by a lot owner is a charge on the lot.\n- (a) after 1 January 2008; and\n- (b) under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n- (a) a body corporate manager, service contractor or letting agent; or\n- (b) an associate of a person mentioned in paragraph (a) .","sortOrder":308},{"sectionNumber":"sec.197","sectionType":"section","heading":"Registering charge on land under this Act","content":"### sec.197 Registering charge on land under this Act\n\nIf an amount payable to a utility service provider is a charge on a lot under section 196 (10) (b) , the utility service provider may ask the registrar to register the charge.\nThe request must be accompanied by a certificate signed by the utility service provider stating there is a charge on the lot under section 196 (10) (b) .\nImmediately after the amount secured by the charge is paid to the utility service provider—\nthe charge ceases to have effect; and\nthe utility service provider must take the action necessary to release the charge.\ns 197 ins 2003 No. 6 s 63 ; 2007 No. 41 s 146J\n(sec.197-ssec.1) If an amount payable to a utility service provider is a charge on a lot under section 196 (10) (b) , the utility service provider may ask the registrar to register the charge.\n(sec.197-ssec.2) The request must be accompanied by a certificate signed by the utility service provider stating there is a charge on the lot under section 196 (10) (b) .\n(sec.197-ssec.3) Immediately after the amount secured by the charge is paid to the utility service provider— the charge ceases to have effect; and the utility service provider must take the action necessary to release the charge.\n- (a) the charge ceases to have effect; and\n- (b) the utility service provider must take the action necessary to release the charge.","sortOrder":309},{"sectionNumber":"sec.198","sectionType":"section","heading":"Effect of scheme change on liability for charges etc.","content":"### sec.198 Effect of scheme change on liability for charges etc.\n\nIf a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme arises and, before the amount of the liability is paid, the scheme is changed so that the lot or part of the lot is incorporated with another lot included in, or common property for, the scheme, the liability is enforceable jointly and severally against—\nthe person who was the owner of the lot when the liability arose; and\nif the lot or part of the lot is incorporated with another lot included in the scheme—the owner of the other lot; and\nif the lot or part of the lot is incorporated with common property—the body corporate.\nIf a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme ( scheme A ) arises and, before the amount of the liability is paid, scheme A is changed so that the lot or part of the lot becomes scheme land for another community titles scheme ( scheme B ) that is a subsidiary scheme for scheme A, the liability is enforceable jointly and severally against—\nthe person who was the owner of the lot when the liability arose; and\nthe body corporate for scheme B.\nThis section does not apply to a rate or charge owing to a local government, to the extent that it is inconsistent with arrangements in force under the Local Government Act 2009 and the local laws of the local government.\nAlso, this section does not apply to an amount owing to MEDQ to the extent this section is inconsistent with the Economic Development Act 2012 .\ns 198 amd 2007 No. 41 s 146K ; 2009 No. 17 s 331 sch 1 ; 2012 No. 43 s 221 sch 1\n(sec.198-ssec.1) If a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme arises and, before the amount of the liability is paid, the scheme is changed so that the lot or part of the lot is incorporated with another lot included in, or common property for, the scheme, the liability is enforceable jointly and severally against— the person who was the owner of the lot when the liability arose; and if the lot or part of the lot is incorporated with another lot included in the scheme—the owner of the other lot; and if the lot or part of the lot is incorporated with common property—the body corporate.\n(sec.198-ssec.2) If a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme ( scheme A ) arises and, before the amount of the liability is paid, scheme A is changed so that the lot or part of the lot becomes scheme land for another community titles scheme ( scheme B ) that is a subsidiary scheme for scheme A, the liability is enforceable jointly and severally against— the person who was the owner of the lot when the liability arose; and the body corporate for scheme B.\n(sec.198-ssec.3) This section does not apply to a rate or charge owing to a local government, to the extent that it is inconsistent with arrangements in force under the Local Government Act 2009 and the local laws of the local government.\n(sec.198-ssec.4) Also, this section does not apply to an amount owing to MEDQ to the extent this section is inconsistent with the Economic Development Act 2012 .\n- (a) the person who was the owner of the lot when the liability arose; and\n- (b) if the lot or part of the lot is incorporated with another lot included in the scheme—the owner of the other lot; and\n- (c) if the lot or part of the lot is incorporated with common property—the body corporate.\n- (a) the person who was the owner of the lot when the liability arose; and\n- (b) the body corporate for scheme B.","sortOrder":310},{"sectionNumber":"sec.199","sectionType":"section","heading":"Apportionment of statutory charge","content":"### sec.199 Apportionment of statutory charge\n\nIf a local government or other entity carries out work on common property for a community titles scheme and a statutory charge for the work would, if the land forming the common property were a single undivided allotment, be a charge on the land—\nthe charge attaches to each lot included in the scheme proportionate to the interest schedule lot entitlement of the lot (the appropriate proportion ); and\na lot may be discharged from the charge by payment of the appropriate proportion of the total amount of the charge.\n- (a) the charge attaches to each lot included in the scheme proportionate to the interest schedule lot entitlement of the lot (the appropriate proportion ); and\n- (b) a lot may be discharged from the charge by payment of the appropriate proportion of the total amount of the charge.","sortOrder":311},{"sectionNumber":"sec.200","sectionType":"section","heading":"No application to body corporate assets","content":"### sec.200 No application to body corporate assets\n\nTo avoid doubt, it is declared that the provisions of this part have no application to charges, levies, rates or taxes payable by the body corporate, whether to a local government or to someone else, on the basis of the body corporate’s ownership of body corporate assets.\ns 200 prev s 200 om 2003 No. 6 s 83","sortOrder":312},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Records","content":"# Records","sortOrder":313},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Notices","content":"## Notices","sortOrder":314},{"sectionNumber":"sec.201","sectionType":"section","heading":"Notice of transfer and other matters","content":"### sec.201 Notice of transfer and other matters\n\nThe regulation module applying to a community titles scheme may prescribe requirements about the giving of notices to the body corporate on the transfer of the ownership of a lot included in the scheme or on the happening of other events affecting the lot.","sortOrder":315},{"sectionNumber":"sec.202","sectionType":"section","heading":"Notice of intention not to proceed to enforce mortgage","content":"### sec.202 Notice of intention not to proceed to enforce mortgage\n\nIf a mortgagee in possession of a lot included in a community titles scheme decides not to enforce the mortgage, the mortgagee must immediately give written notice of the decision to the body corporate.\nMaximum penalty—20 penalty units.\nOn giving the written notice, the mortgagee ceases to be a mortgagee in possession of the lot and is not the owner of the lot under this Act.\n(sec.202-ssec.1) If a mortgagee in possession of a lot included in a community titles scheme decides not to enforce the mortgage, the mortgagee must immediately give written notice of the decision to the body corporate. Maximum penalty—20 penalty units.\n(sec.202-ssec.2) On giving the written notice, the mortgagee ceases to be a mortgagee in possession of the lot and is not the owner of the lot under this Act.","sortOrder":316},{"sectionNumber":"sec.203","sectionType":"section","heading":"Body corporate may require information to be given","content":"### sec.203 Body corporate may require information to be given\n\nIf the body corporate for a community titles scheme suspects on reasonable grounds that a person should have, but has not, given a notice (the earlier notice ) under this division (including under a provision of a regulation module made under this division), the body corporate may, by written notice given to the person, require the person to give to the body corporate, within a stated reasonable time (of at least 28 days after the notice is given), a written notice containing the information the body corporate reasonably requires to decide whether the person should have given the earlier notice.\nIf the body corporate for a community titles scheme is satisfied that a person should have, but has not, given a notice (also the earlier notice ) under this division (including under a provision of a regulation module made under this division), the body corporate may, by written notice given to the person, require the person to give to the body corporate, within a stated reasonable time (of at least 28 days after the notice is given), a written notice containing the information required to have been included in the earlier notice.\nIf a body corporate gives a person a notice under subsection (1) or (2) , the person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.203-ssec.1) If the body corporate for a community titles scheme suspects on reasonable grounds that a person should have, but has not, given a notice (the earlier notice ) under this division (including under a provision of a regulation module made under this division), the body corporate may, by written notice given to the person, require the person to give to the body corporate, within a stated reasonable time (of at least 28 days after the notice is given), a written notice containing the information the body corporate reasonably requires to decide whether the person should have given the earlier notice.\n(sec.203-ssec.2) If the body corporate for a community titles scheme is satisfied that a person should have, but has not, given a notice (also the earlier notice ) under this division (including under a provision of a regulation module made under this division), the body corporate may, by written notice given to the person, require the person to give to the body corporate, within a stated reasonable time (of at least 28 days after the notice is given), a written notice containing the information required to have been included in the earlier notice.\n(sec.203-ssec.3) If a body corporate gives a person a notice under subsection (1) or (2) , the person must comply with the notice unless the person has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.","sortOrder":317},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Records and provision of information","content":"## Records and provision of information","sortOrder":318},{"sectionNumber":"sec.204","sectionType":"section","heading":"Regulation module","content":"### sec.204 Regulation module\n\nThe body corporate for a community titles scheme must keep rolls, registers and other documents, must give access to them, and may dispose of them, in the way, and to the extent, provided for in the regulation module applying to the scheme.","sortOrder":319},{"sectionNumber":"sec.205","sectionType":"section","heading":"Information to be given to interested persons","content":"### sec.205 Information to be given to interested persons\n\nThis section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records to an interested person.\nWithin 7 days after receiving a written request from the interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person—\npermit the person to inspect the body corporate’s records—\nif the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\notherwise—in person at a reasonable time and place nominated by the body corporate;\ngive the person a copy of a record kept by the body corporate—\nif the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\notherwise—in the way prescribed under the regulation module applying to the scheme.\nMaximum penalty—20 penalty units.\nHowever, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.\nAn interested person may ask the body corporate for a certificate under this section (a body corporate certificate ) giving financial and other information about a lot included in the scheme.\nThe request must be in writing and accompanied by the fee prescribed by the regulation module applying to the scheme.\nWithin 5 business days after receiving the request, the body corporate must give the person a body corporate certificate in the approved form for the lot.\nMaximum penalty—20 penalty units.\nA person who obtains a body corporate certificate may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate other than to the extent to which the certificate contains an error that is reasonably apparent.\nAn interested person may ask the body corporate for stated financial information, of the type included in the approved form for a body corporate certificate, about a lot included in the scheme.\nThe request must be in writing and accompanied by the fee required by the body corporate.\nThe fee required under subsection (9) must not be more than the amount payable under subsection (5) for a request for a body corporate certificate for the lot.\nWithin 5 business days after receiving the request, the body corporate must give the person the requested financial information.\nMaximum penalty—20 penalty units.\nA person who obtains financial information under this section may rely on the information against the body corporate as conclusive evidence of the information other than to the extent to which the information contains an error that is reasonably apparent.\nIn this section—\ninterested person , for a lot included in a scheme, means—\nan owner of the lot; or\na mortgagee of the lot; or\na buyer under a contract for the sale of the lot; or\na person to whom an owner of the lot has given a disclosure statement under the Property Law Act 2023 , section 99 (1) (a) ; or\nanother person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or\nan agent of a person mentioned in any of paragraphs (a) to (e) .\ns 205 amd 2003 No. 6 s 64 ; 2007 No. 11 s 17 ; 2011 No. 9 s 26 ; 2023 No. 29 s 24 ; 2023 No. 27 s 263\n(sec.205-ssec.1) This section provides for the giving of information by the body corporate for a community titles scheme from the body corporate’s records to an interested person.\n(sec.205-ssec.2) Within 7 days after receiving a written request from the interested person accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the interested person— permit the person to inspect the body corporate’s records— if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or otherwise—in person at a reasonable time and place nominated by the body corporate; give the person a copy of a record kept by the body corporate— if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or otherwise—in the way prescribed under the regulation module applying to the scheme. Maximum penalty—20 penalty units.\n(sec.205-ssec.3) However, the body corporate is not required to allow a person to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.\n(sec.205-ssec.4) An interested person may ask the body corporate for a certificate under this section (a body corporate certificate ) giving financial and other information about a lot included in the scheme.\n(sec.205-ssec.5) The request must be in writing and accompanied by the fee prescribed by the regulation module applying to the scheme.\n(sec.205-ssec.6) Within 5 business days after receiving the request, the body corporate must give the person a body corporate certificate in the approved form for the lot. Maximum penalty—20 penalty units.\n(sec.205-ssec.7) A person who obtains a body corporate certificate may rely on the certificate against the body corporate as conclusive evidence of matters stated in the certificate other than to the extent to which the certificate contains an error that is reasonably apparent.\n(sec.205-ssec.8) An interested person may ask the body corporate for stated financial information, of the type included in the approved form for a body corporate certificate, about a lot included in the scheme.\n(sec.205-ssec.9) The request must be in writing and accompanied by the fee required by the body corporate.\n(sec.205-ssec.10) The fee required under subsection (9) must not be more than the amount payable under subsection (5) for a request for a body corporate certificate for the lot.\n(sec.205-ssec.11) Within 5 business days after receiving the request, the body corporate must give the person the requested financial information. Maximum penalty—20 penalty units.\n(sec.205-ssec.12) A person who obtains financial information under this section may rely on the information against the body corporate as conclusive evidence of the information other than to the extent to which the information contains an error that is reasonably apparent.\n(sec.205-ssec.13) In this section— interested person , for a lot included in a scheme, means— an owner of the lot; or a mortgagee of the lot; or a buyer under a contract for the sale of the lot; or a person to whom an owner of the lot has given a disclosure statement under the Property Law Act 2023 , section 99 (1) (a) ; or another person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or an agent of a person mentioned in any of paragraphs (a) to (e) .\n- (a) permit the person to inspect the body corporate’s records— (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\n- (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (b) give the person a copy of a record kept by the body corporate— (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\n- (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\n- (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\n- (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (a) an owner of the lot; or\n- (b) a mortgagee of the lot; or\n- (c) a buyer under a contract for the sale of the lot; or\n- (d) a person to whom an owner of the lot has given a disclosure statement under the Property Law Act 2023 , section 99 (1) (a) ; or\n- (e) another person who satisfies the body corporate of a proper interest in the information sought by the person under this section; or\n- (f) an agent of a person mentioned in any of paragraphs (a) to (e) .","sortOrder":320},{"sectionNumber":"sec.205AAA","sectionType":"section","heading":"Approved form for body corporate certificate","content":"### sec.205AAA Approved form for body corporate certificate\n\nThe approved form for a body corporate certificate for a lot included in a scheme—\nmust include provision for information about the matters prescribed by the regulation module applying to the scheme; and\nmay include other matters.\ns 205AAA ins 2023 No. 27 s 264\n- (a) must include provision for information about the matters prescribed by the regulation module applying to the scheme; and\n- (b) may include other matters.","sortOrder":321},{"sectionNumber":"sec.205AAB","sectionType":"section","heading":"Information to be given to interested persons (layered arrangement)","content":"### sec.205AAB Information to be given to interested persons (layered arrangement)\n\nThis section—\nprovides for the giving of information by a body corporate for a community titles scheme in a layered arrangement of community titles schemes from the body corporate’s records to an interested person (layered arrangement); and\napplies in addition to, and does not limit, section 205 .\nWithin 7 days after receiving a written request from the interested person (layered arrangement) accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the person—\npermit the person to inspect the body corporate’s records—\nif the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\notherwise—in person at a reasonable time and place nominated by the body corporate;\ngive the person a copy of a record kept by the body corporate—\nif the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\notherwise—in the way prescribed under the regulation module applying to the scheme.\nMaximum penalty—20 penalty units.\nHowever, the body corporate is not required to allow the interested person (layered arrangement) to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.\nAlso, subsection (5) applies if the interested person (layered arrangement) is not the body corporate for a subsidiary scheme or the owner of a lot that is included in a subsidiary scheme.\nIf—\nthe interested person (layered arrangement) is a body corporate for another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the interested person a copy of the record if the body corporate is satisfied the request is only for the purpose of identifying a person to whom a contravention notice under section 182A or section 183AA may be given; or\nthe interested person (layered arrangement) is an owner or occupier of a lot included in another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the person a copy of the record if the body corporate is satisfied—\na dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the accused person ); and\nthe person’s request is only for the purpose of identifying the accused person in order for the interested person to—\nrequest the body corporate to issue a contravention notice to the accused person; or\nmake an application under chapter 6 for resolution of the dispute.\ns 205AAB ins 2023 No. 29 s 25\n(sec.205AAB-ssec.1) This section— provides for the giving of information by a body corporate for a community titles scheme in a layered arrangement of community titles schemes from the body corporate’s records to an interested person (layered arrangement); and applies in addition to, and does not limit, section 205 .\n(sec.205AAB-ssec.2) Within 7 days after receiving a written request from the interested person (layered arrangement) accompanied by the fee prescribed under the regulation module applying to the scheme, the body corporate must do either or both of the following as requested by the person— permit the person to inspect the body corporate’s records— if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or otherwise—in person at a reasonable time and place nominated by the body corporate; give the person a copy of a record kept by the body corporate— if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or otherwise—in the way prescribed under the regulation module applying to the scheme. Maximum penalty—20 penalty units.\n(sec.205AAB-ssec.3) However, the body corporate is not required to allow the interested person (layered arrangement) to inspect or obtain a copy of a part of a record under subsection (2) if the body corporate reasonably believes the part contains defamatory material.\n(sec.205AAB-ssec.4) Also, subsection (5) applies if the interested person (layered arrangement) is not the body corporate for a subsidiary scheme or the owner of a lot that is included in a subsidiary scheme.\n(sec.205AAB-ssec.5) If— the interested person (layered arrangement) is a body corporate for another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the interested person a copy of the record if the body corporate is satisfied the request is only for the purpose of identifying a person to whom a contravention notice under section 182A or section 183AA may be given; or the interested person (layered arrangement) is an owner or occupier of a lot included in another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the person a copy of the record if the body corporate is satisfied— a dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the accused person ); and the person’s request is only for the purpose of identifying the accused person in order for the interested person to— request the body corporate to issue a contravention notice to the accused person; or make an application under chapter 6 for resolution of the dispute.\n- (a) provides for the giving of information by a body corporate for a community titles scheme in a layered arrangement of community titles schemes from the body corporate’s records to an interested person (layered arrangement); and\n- (b) applies in addition to, and does not limit, section 205 .\n- (a) permit the person to inspect the body corporate’s records— (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\n- (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (b) give the person a copy of a record kept by the body corporate— (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\n- (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (i) if the person and the body corporate agree on a way to inspect the records—in accordance with the agreement; or\n- (ii) otherwise—in person at a reasonable time and place nominated by the body corporate;\n- (i) if the person and the body corporate agree on the way the copy will be given—in accordance with the agreement; or\n- (ii) otherwise—in the way prescribed under the regulation module applying to the scheme.\n- (a) the interested person (layered arrangement) is a body corporate for another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the interested person a copy of the record if the body corporate is satisfied the request is only for the purpose of identifying a person to whom a contravention notice under section 182A or section 183AA may be given; or\n- (b) the interested person (layered arrangement) is an owner or occupier of a lot included in another scheme that is included in the layered arrangement of community titles schemes—the body corporate may only allow the person to inspect the records or give the person a copy of the record if the body corporate is satisfied— (i) a dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the accused person ); and (ii) the person’s request is only for the purpose of identifying the accused person in order for the interested person to— (A) request the body corporate to issue a contravention notice to the accused person; or (B) make an application under chapter 6 for resolution of the dispute.\n- (i) a dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the accused person ); and\n- (ii) the person’s request is only for the purpose of identifying the accused person in order for the interested person to— (A) request the body corporate to issue a contravention notice to the accused person; or (B) make an application under chapter 6 for resolution of the dispute.\n- (A) request the body corporate to issue a contravention notice to the accused person; or\n- (B) make an application under chapter 6 for resolution of the dispute.\n- (i) a dispute about the operation of a by-law exists between the interested person and an owner or occupier of a lot (the accused person ); and\n- (ii) the person’s request is only for the purpose of identifying the accused person in order for the interested person to— (A) request the body corporate to issue a contravention notice to the accused person; or (B) make an application under chapter 6 for resolution of the dispute.\n- (A) request the body corporate to issue a contravention notice to the accused person; or\n- (B) make an application under chapter 6 for resolution of the dispute.\n- (A) request the body corporate to issue a contravention notice to the accused person; or\n- (B) make an application under chapter 6 for resolution of the dispute.","sortOrder":322},{"sectionNumber":"ch.5-pt.1A","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":323},{"sectionNumber":"sec.205AA","sectionType":"section","heading":"Application of ch 5 generally","content":"### sec.205AA Application of ch 5 generally\n\nThis chapter applies to the sale of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed regardless of where the contract for the sale was entered into if, when the proposed lot becomes a lot, it will be situated in Queensland.\ns 205AA ins 2014 No. 46 s 8","sortOrder":324},{"sectionNumber":"sec.205A","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.205A Definitions for ch 5\n\nIn this chapter—\nattach ...\ns 205A def attach om 2010 No. 30 s 7 (1)\nattached ...\ns 205A def attached ins 2010 No. 30 s 7 (2)\nom 2014 No. 22 s 274 (1)\ndisclosure statement means a statement complying with section 213 (2) to (4) .\ns 205A def disclosure statement sub 2023 No. 27 s 265\nelectronic communication ...\ns 205A def electronic communication om 2014 No. 22 s 274 (1)\nresidential property see the Property Occupations Act 2014 , section 21 .\ns 205A def residential property amd 2014 No. 22 s 274 (2)\nwarning statement ...\ns 205A def warning statement om 2010 No. 30 s 7 (1)\ns 205A ins 2005 No. 61 s 40","sortOrder":325},{"sectionNumber":"sec.205B","sectionType":"section","heading":null,"content":"### Section sec.205B\n\ns 205B ins 2005 No. 61 s 40\namd 2010 No. 30 s 8 ; 2011 No. 9 s 3 sch\nom 2014 No. 22 s 275","sortOrder":326},{"sectionNumber":"sec.205C","sectionType":"section","heading":"References to disclosure statement","content":"### sec.205C References to disclosure statement\n\nThis section applies if a lot is intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\nIn this chapter, a reference to a disclosure statement for the lot includes a reference to the prescribed documents accompanying the statement for the lot.\nIn this section—\nprescribed documents , accompanying a disclosure statement, means the documents mentioned in section 213 (2) (a) (ii) , (f) and (fa).\ns 205C ins 2014 No. 46 s 9\namd 2023 No. 27 s 266\n(sec.205C-ssec.1) This section applies if a lot is intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\n(sec.205C-ssec.2) In this chapter, a reference to a disclosure statement for the lot includes a reference to the prescribed documents accompanying the statement for the lot.\n(sec.205C-ssec.3) In this section— prescribed documents , accompanying a disclosure statement, means the documents mentioned in section 213 (2) (a) (ii) , (f) and (fa).","sortOrder":327},{"sectionNumber":"sec.205D","sectionType":"section","heading":"References to things done by or in relation to buyer or seller","content":"### sec.205D References to things done by or in relation to buyer or seller\n\nThis section applies in relation to a provision of part 1 or 2 that refers to—\na thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or\na thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\nThe thing may be done, or the thing may have been done, by or in relation to the buyer or seller either—\npersonally; or\nthrough an agent who is authorised to act for the buyer or seller in relation to the thing.\ns 205D ins 2014 No. 46 s 9\n(sec.205D-ssec.1) This section applies in relation to a provision of part 1 or 2 that refers to— a thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or a thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\n(sec.205D-ssec.2) The thing may be done, or the thing may have been done, by or in relation to the buyer or seller either— personally; or through an agent who is authorised to act for the buyer or seller in relation to the thing.\n- (a) a thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or\n- (b) a thing having been done by or in relation to a buyer or seller of a lot or proposed lot.\n- (a) personally; or\n- (b) through an agent who is authorised to act for the buyer or seller in relation to the thing.","sortOrder":328},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Existing lots","content":"# Existing lots","sortOrder":329},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 amd 2000 No. 62 s 601 sch 2 ; 2003 No. 6 s 65 ; 2005 No. 61 s 41 ; 2010 No. 30 s 9 ; 2011 No. 9 s 27 ; 2013 No. 11 s 6 ; 2014 No. 22 s 276 ; 2014 No. 46 s 75 sch 1\nom 2023 No. 27 s 267","sortOrder":330},{"sectionNumber":"sec.206A","sectionType":"section","heading":null,"content":"### Section sec.206A\n\ns 206A ins 2005 No. 61 s 42\nsub 2010 No. 30 s 10\nom 2014 No. 22 s 277","sortOrder":331},{"sectionNumber":"sec.206B","sectionType":"section","heading":null,"content":"### Section sec.206B\n\ns 206B ins 2011 No. 9 s 28\nom 2013 No. 11 s 7","sortOrder":332},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 prev s 207 om 2003 No. 6 s 87\npres s 207 amd 2005 No. 61 s 43\nsub 2014 No. 22 s 278\nom 2023 No. 27 s 267","sortOrder":333},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 prev s 208 om 2003 No. 6 s 87\npres s 208 amd 2005 No. 61 s 44\nom 2023 No. 27 s 267","sortOrder":334},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 prev s 209 om 2003 No. 6 s 87\npres s 209 amd 2003 No. 6 s 66 ; 2005 No. 61 s 45 ; 2010 No. 30 s 11 ; 2011 No. 9 s 29 ; 2013 No. 11 s 8\nom 2023 No. 27 s 267","sortOrder":335},{"sectionNumber":"sec.209A","sectionType":"section","heading":"Terminating contract if contribution schedule lot entitlements inconsistent with contribution schedule principle","content":"### sec.209A Terminating contract if contribution schedule lot entitlements inconsistent with contribution schedule principle\n\nThis section applies if—\nthe seller is the original owner for the community titles scheme; and\nthe buyer reasonably believes—\nthe contribution schedule lot entitlements for the lots included in the scheme are inconsistent with the contribution schedule principle on which they were decided; and\nthe buyer would be materially prejudiced if compelled to complete the contract.\nSubject to subsection (3) , the buyer may terminate the contract at any time before it settles by giving signed, dated notice of termination to the seller.\nThe termination must happen not later than 30 days, or a longer period agreed between the buyer and seller, after the buyer’s copy of the contract is received by the buyer or a person acting for the buyer.\nThe notice of termination must state that the contract is terminated under this section.\ns 209A ins 2011 No. 9 s 30\n(sec.209A-ssec.1) This section applies if— the seller is the original owner for the community titles scheme; and the buyer reasonably believes— the contribution schedule lot entitlements for the lots included in the scheme are inconsistent with the contribution schedule principle on which they were decided; and the buyer would be materially prejudiced if compelled to complete the contract.\n(sec.209A-ssec.2) Subject to subsection (3) , the buyer may terminate the contract at any time before it settles by giving signed, dated notice of termination to the seller.\n(sec.209A-ssec.3) The termination must happen not later than 30 days, or a longer period agreed between the buyer and seller, after the buyer’s copy of the contract is received by the buyer or a person acting for the buyer.\n(sec.209A-ssec.4) The notice of termination must state that the contract is terminated under this section.\n- (a) the seller is the original owner for the community titles scheme; and\n- (b) the buyer reasonably believes— (i) the contribution schedule lot entitlements for the lots included in the scheme are inconsistent with the contribution schedule principle on which they were decided; and (ii) the buyer would be materially prejudiced if compelled to complete the contract.\n- (i) the contribution schedule lot entitlements for the lots included in the scheme are inconsistent with the contribution schedule principle on which they were decided; and\n- (ii) the buyer would be materially prejudiced if compelled to complete the contract.\n- (i) the contribution schedule lot entitlements for the lots included in the scheme are inconsistent with the contribution schedule principle on which they were decided; and\n- (ii) the buyer would be materially prejudiced if compelled to complete the contract.","sortOrder":336},{"sectionNumber":"sec.210","sectionType":"section","heading":"Termination under this part","content":"### sec.210 Termination under this part\n\nIf the buyer terminates the contract under this part, the seller must repay to the buyer any amount paid to the seller towards the purchase of the lot the subject of the contract within 14 days after the termination.\ns 210 prev s 210 om 2003 No. 6 s 87\npres s 210 amd 2010 No. 30 s 12 ; 2014 No. 46 s 75 sch 1","sortOrder":337},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 prev s 211 om 2003 No. 6 s 87\nom 2023 No. 27 s 268","sortOrder":338},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Proposed lots","content":"# Proposed lots","sortOrder":339},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":340},{"sectionNumber":"sec.211A","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.211A Definitions for pt 2\n\nIn this part—\ncadastral surveyor see the Surveyors Act 2003 , schedule 3 .\nlaw practice means any of the following, within the meaning of the Legal Profession Act 2007 , that has an office in Queensland—\nan Australian legal practitioner who is a sole practitioner but not a barrister under that Act;\na law firm;\nan incorporated legal practice;\na multi-disciplinary partnership.\nprescribed trust account , for a recognised entity, means—\nif the recognised entity is a law practice—a trust account kept by the practice under the Legal Profession Act 2007 ; or\nif the recognised entity is the public trustee—a common fund held by the public trustee under the Public Trustee Act 1978 ; or\nif the recognised entity is a real estate agent—a trust account kept by the agent under the Agents Financial Administration Act 2014 .\nproposed lot means a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\npublic trustee means the public trustee under the Public Trustee Act 1978 .\nreal estate agent means a real estate agent carrying on business as a real estate agent under the Property Occupations Act 2014 .\nrecognised entity means any of the following—\na law practice;\nthe public trustee;\na real estate agent.\ns 211A ins 2014 No. 46 s 11\n- (a) an Australian legal practitioner who is a sole practitioner but not a barrister under that Act;\n- (b) a law firm;\n- (c) an incorporated legal practice;\n- (d) a multi-disciplinary partnership.\n- (a) if the recognised entity is a law practice—a trust account kept by the practice under the Legal Profession Act 2007 ; or\n- (b) if the recognised entity is the public trustee—a common fund held by the public trustee under the Public Trustee Act 1978 ; or\n- (c) if the recognised entity is a real estate agent—a trust account kept by the agent under the Agents Financial Administration Act 2014 .\n- (a) a law practice;\n- (b) the public trustee;\n- (c) a real estate agent.","sortOrder":341},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Basic limitation on sale of proposed lots","content":"## Basic limitation on sale of proposed lots","sortOrder":342},{"sectionNumber":"sec.212","sectionType":"section","heading":"Provision about settlement taken to be included in contract","content":"### sec.212 Provision about settlement taken to be included in contract\n\nThis section applies to a contract entered into by a person (the seller ) with another person (the buyer ) for the sale to the buyer of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\nThe contract is taken to include a term (the deemed term ) providing that, despite any other term of the contract, settlement must not take place earlier than 14 days after the seller gives advice to the buyer that the scheme has been established or changed.\nThe deemed term has priority over any other term of the contract relating to settlement.\nWithout limiting subsection (3) , any notice the seller gives to the buyer is void to the extent it is inconsistent with the deemed term.\ns 212 prev s 212 amd 2001 No. 45 s 29 sch 3\nom 2003 No. 6 s 87\npres s 212 amd 1997 No. 78 s 17\nsub 2009 No. 20 s 3\n(sec.212-ssec.1) This section applies to a contract entered into by a person (the seller ) with another person (the buyer ) for the sale to the buyer of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\n(sec.212-ssec.2) The contract is taken to include a term (the deemed term ) providing that, despite any other term of the contract, settlement must not take place earlier than 14 days after the seller gives advice to the buyer that the scheme has been established or changed.\n(sec.212-ssec.3) The deemed term has priority over any other term of the contract relating to settlement.\n(sec.212-ssec.4) Without limiting subsection (3) , any notice the seller gives to the buyer is void to the extent it is inconsistent with the deemed term.","sortOrder":343},{"sectionNumber":"sec.212A","sectionType":"section","heading":"Buyer may terminate if there is no proposed community management statement","content":"### sec.212A Buyer may terminate if there is no proposed community management statement\n\nThis section applies to a contract entered into by a person with another person (the buyer ) for the sale to the buyer of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\nWhen the contract is entered into there must be a proposed community management statement for the scheme as established or changed.\nThe buyer may terminate the contract if—\nthere has been a contravention of subsection (2) ; and\nthe contract has not already been settled.\ns 212A ins 2009 No. 20 s 3\namd 2010 No. 30 s 13\n(sec.212A-ssec.1) This section applies to a contract entered into by a person with another person (the buyer ) for the sale to the buyer of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\n(sec.212A-ssec.2) When the contract is entered into there must be a proposed community management statement for the scheme as established or changed.\n(sec.212A-ssec.3) The buyer may terminate the contract if— there has been a contravention of subsection (2) ; and the contract has not already been settled.\n- (a) there has been a contravention of subsection (2) ; and\n- (b) the contract has not already been settled.","sortOrder":344},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Statements about proposed lots","content":"## Statements about proposed lots","sortOrder":345},{"sectionNumber":"sec.212B","sectionType":"section","heading":"Application of div 3 if option granted","content":"### sec.212B Application of div 3 if option granted\n\nSection 213 , as modified by this section, applies if a person grants an option (the option ) to another person—\nto purchase a proposed lot; or\nto sell a proposed lot.\nFor subsection (1) —\nsection 213 (1) requires the giving of a disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and\nany right of termination under section 213 relating to the disclosure statement applies in relation to—\nthe option; and\na contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\nIf the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 213 (1) does not require the giving of a disclosure statement in relation to the contract for the sale.\nIf the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 213 before entering into the contract for the sale.\nIn this section—\nbuyer means the person who is granted an option to purchase, or grants an option to sell, the proposed lot.\nseller means the person who grants an option to purchase, or is granted an option to sell, the proposed lot.\ns 212B ins 2014 No. 46 s 12\n(sec.212B-ssec.1) Section 213 , as modified by this section, applies if a person grants an option (the option ) to another person— to purchase a proposed lot; or to sell a proposed lot.\n(sec.212B-ssec.2) For subsection (1) — section 213 (1) requires the giving of a disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and any right of termination under section 213 relating to the disclosure statement applies in relation to— the option; and a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n(sec.212B-ssec.3) If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 213 (1) does not require the giving of a disclosure statement in relation to the contract for the sale.\n(sec.212B-ssec.4) If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 213 before entering into the contract for the sale.\n(sec.212B-ssec.5) In this section— buyer means the person who is granted an option to purchase, or grants an option to sell, the proposed lot. seller means the person who grants an option to purchase, or is granted an option to sell, the proposed lot.\n- (a) to purchase a proposed lot; or\n- (b) to sell a proposed lot.\n- (a) section 213 (1) requires the giving of a disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and\n- (b) any right of termination under section 213 relating to the disclosure statement applies in relation to— (i) the option; and (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n- (i) the option; and\n- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.\n- (i) the option; and\n- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.","sortOrder":346},{"sectionNumber":"sec.213","sectionType":"section","heading":"Information to be given by seller to buyer","content":"### sec.213 Information to be given by seller to buyer\n\nBefore a contract (the contract ) is entered into by a person (the seller ) with another person (the buyer ) for the sale to the buyer of a proposed lot, the seller must give the buyer a disclosure statement.\nThe disclosure statement—\nmust—\nidentify the proposed lot; and\nbe accompanied by a disclosure plan, complying with section 213AA , for the proposed lot; and\nstate the date by which the seller must settle the contract for the sale of the proposed lot as provided under section 217B ; and\nmust state the amount of annual contributions reasonably expected to be payable to the body corporate by the owner of the proposed lot; and\nmust include, for any engagement of a person as a body corporate manager or service contractor for the scheme proposed to be entered into after the establishment of the scheme, or proposed to be continued or entered into after the scheme is changed—\nthe terms of the engagement, other than any provisions of the code of conduct that are taken to be included in the terms under section 118 ; and\nthe estimated cost of the engagement to the body corporate; and\nthe proportion of the cost to be borne by the owner of the proposed lot; and\nmust include, for any authorisation of a person as a letting agent for the scheme proposed to be given after the establishment of the scheme, or proposed to be continued or given after the scheme is changed, the terms of the authorisation; and\nmust include details of all body corporate assets proposed to be acquired by the body corporate after the establishment or change of the scheme; and\nmust be accompanied by—\nthe proposed community management statement; and\nif the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary; and\nmust be accompanied by a copy of any building management statement, proposed to be registered under the Land Title Act 1994 , that would apply to the scheme land after the establishment of the scheme or after the scheme is changed; and\nmust identify the regulation module proposed to apply to the scheme; and\nmust include other matters prescribed under the regulation module applying to the scheme.\nThe disclosure statement must be signed by the seller.\nThe disclosure statement must be substantially complete.\nIf the contract has not already been settled, the buyer may terminate the contract if the seller has not complied with subsection (1) .\nThe seller does not fail to comply with subsection (1) merely because the disclosure statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.\ns 213 prev s 213 om 2003 No. 6 s 87\npres s 213 amd 1997 No. 78 s 18 ; 2002 No. 13 s 12 ; 2003 No. 6 s 67 ; 2005 No. 61 s 46 ; 2010 No. 30 s 14 ; 2011 No. 9 s 31 ; 2013 No. 11 s 9 ; 2014 No. 22 s 279 ; 2014 No. 46 s 13; 2023 No. 27 s 269\n(sec.213-ssec.1) Before a contract (the contract ) is entered into by a person (the seller ) with another person (the buyer ) for the sale to the buyer of a proposed lot, the seller must give the buyer a disclosure statement.\n(sec.213-ssec.2) The disclosure statement— must— identify the proposed lot; and be accompanied by a disclosure plan, complying with section 213AA , for the proposed lot; and state the date by which the seller must settle the contract for the sale of the proposed lot as provided under section 217B ; and must state the amount of annual contributions reasonably expected to be payable to the body corporate by the owner of the proposed lot; and must include, for any engagement of a person as a body corporate manager or service contractor for the scheme proposed to be entered into after the establishment of the scheme, or proposed to be continued or entered into after the scheme is changed— the terms of the engagement, other than any provisions of the code of conduct that are taken to be included in the terms under section 118 ; and the estimated cost of the engagement to the body corporate; and the proportion of the cost to be borne by the owner of the proposed lot; and must include, for any authorisation of a person as a letting agent for the scheme proposed to be given after the establishment of the scheme, or proposed to be continued or given after the scheme is changed, the terms of the authorisation; and must include details of all body corporate assets proposed to be acquired by the body corporate after the establishment or change of the scheme; and must be accompanied by— the proposed community management statement; and if the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary; and must be accompanied by a copy of any building management statement, proposed to be registered under the Land Title Act 1994 , that would apply to the scheme land after the establishment of the scheme or after the scheme is changed; and must identify the regulation module proposed to apply to the scheme; and must include other matters prescribed under the regulation module applying to the scheme.\n(sec.213-ssec.3) The disclosure statement must be signed by the seller.\n(sec.213-ssec.4) The disclosure statement must be substantially complete.\n(sec.213-ssec.5) If the contract has not already been settled, the buyer may terminate the contract if the seller has not complied with subsection (1) .\n(sec.213-ssec.6) The seller does not fail to comply with subsection (1) merely because the disclosure statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.\n- (a) must— (i) identify the proposed lot; and (ii) be accompanied by a disclosure plan, complying with section 213AA , for the proposed lot; and (iii) state the date by which the seller must settle the contract for the sale of the proposed lot as provided under section 217B ; and\n- (i) identify the proposed lot; and\n- (ii) be accompanied by a disclosure plan, complying with section 213AA , for the proposed lot; and\n- (iii) state the date by which the seller must settle the contract for the sale of the proposed lot as provided under section 217B ; and\n- (b) must state the amount of annual contributions reasonably expected to be payable to the body corporate by the owner of the proposed lot; and\n- (c) must include, for any engagement of a person as a body corporate manager or service contractor for the scheme proposed to be entered into after the establishment of the scheme, or proposed to be continued or entered into after the scheme is changed— (i) the terms of the engagement, other than any provisions of the code of conduct that are taken to be included in the terms under section 118 ; and (ii) the estimated cost of the engagement to the body corporate; and (iii) the proportion of the cost to be borne by the owner of the proposed lot; and\n- (i) the terms of the engagement, other than any provisions of the code of conduct that are taken to be included in the terms under section 118 ; and\n- (ii) the estimated cost of the engagement to the body corporate; and\n- (iii) the proportion of the cost to be borne by the owner of the proposed lot; and\n- (d) must include, for any authorisation of a person as a letting agent for the scheme proposed to be given after the establishment of the scheme, or proposed to be continued or given after the scheme is changed, the terms of the authorisation; and\n- (e) must include details of all body corporate assets proposed to be acquired by the body corporate after the establishment or change of the scheme; and\n- (f) must be accompanied by— (i) the proposed community management statement; and (ii) if the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary; and\n- (i) the proposed community management statement; and\n- (ii) if the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary; and\n- (fa) must be accompanied by a copy of any building management statement, proposed to be registered under the Land Title Act 1994 , that would apply to the scheme land after the establishment of the scheme or after the scheme is changed; and\n- (g) must identify the regulation module proposed to apply to the scheme; and\n- (h) must include other matters prescribed under the regulation module applying to the scheme.\n- (i) identify the proposed lot; and\n- (ii) be accompanied by a disclosure plan, complying with section 213AA , for the proposed lot; and\n- (iii) state the date by which the seller must settle the contract for the sale of the proposed lot as provided under section 217B ; and\n- (i) the terms of the engagement, other than any provisions of the code of conduct that are taken to be included in the terms under section 118 ; and\n- (ii) the estimated cost of the engagement to the body corporate; and\n- (iii) the proportion of the cost to be borne by the owner of the proposed lot; and\n- (i) the proposed community management statement; and\n- (ii) if the scheme to be established or changed is proposed to be established as a subsidiary scheme—the existing or proposed community management statement of each scheme of which the proposed subsidiary scheme is proposed to be a subsidiary; and","sortOrder":347},{"sectionNumber":"sec.213AA","sectionType":"section","heading":"Disclosure plan requirements","content":"### sec.213AA Disclosure plan requirements\n\nA disclosure plan may comprise 1 or more documents that contain—\nfor a proposed lot intended to be a building format lot—the building format lot particulars; or\nfor a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars; or\nfor a proposed lot intended to be a standard format lot—the standard format lot particulars.\na draft plan of survey\nA disclosure plan must be prepared by a cadastral surveyor.\nIn this section—\nappropriate contour intervals means contour intervals of not more than—\nfor a proposed lot of not more than 2,000m 2 —50cm in height; or\nfor a proposed lot of more than 2,000m 2 —1m in height.\nbuilding format lot particulars , for a proposed lot intended to be a building format lot, means the following—\nthe proposed number of the lot;\nthe total area of the lot;\nidentification of any parts of the lot proposed to be outside the building in which the lot is proposed to be located, including any proposed balcony, courtyard or carport;\nthe floor level in the building in which the lot is proposed to be located;\nidentification of other lots and common property proposed to be on the same floor level in the building in which the lot is proposed to be located;\nidentification of the proposed orientation of the lot by reference to north.\nexisting surface contours , of a proposed lot intended to be a standard format lot, means the surface contours of the lot at the time the disclosure plan for the lot is prepared.\nstandard format lot particulars , for a proposed lot intended to be a standard format lot, means the following—\nthe proposed number of the lot;\na description of the dimensions of the lot as bearings and distances;\nif the seller of the lot intends that before the contract is settled, a building be constructed on the lot by the seller, or by another person who is not the buyer under an arrangement procured by the seller—\nthe location of the building on the lot; and\nthe total area, and number of levels, of the building; and\nidentification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola;\nidentification of the proposed orientation of the lot by reference to north;\nif there is operational work for the lot—\ncontour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\nthe location of any retaining walls that are part of the work; and\nthe height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\nthe areas of the lot to be cut or filled as part of the work; and\nthe following information about any fill that is part of the work—\nthe depth of the fill;\nwhether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\nif the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\nif there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals.\nvolumetric format lot particulars , for a proposed lot intended to be a volumetric format lot, means the following—\nthe proposed number of the lot;\nan isometric representation of the lot;\nthe area of the projected footprint of the lot;\nthe level of the ground surface in approximate values for illustrating the location of the lot in relation to that level;\nidentification of the proposed orientation of the lot by reference to north;\nif the lot is proposed to contain a building or be located in a building—\nthe floor level on which the lot is proposed to be located; and\nidentification of other lots and common property proposed to be on the same floor level in the building.\ns 213AA ins 2014 No. 46 s 14\n(sec.213AA-ssec.1) A disclosure plan may comprise 1 or more documents that contain— for a proposed lot intended to be a building format lot—the building format lot particulars; or for a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars; or for a proposed lot intended to be a standard format lot—the standard format lot particulars. a draft plan of survey\n(sec.213AA-ssec.2) A disclosure plan must be prepared by a cadastral surveyor.\n(sec.213AA-ssec.3) In this section— appropriate contour intervals means contour intervals of not more than— for a proposed lot of not more than 2,000m 2 —50cm in height; or for a proposed lot of more than 2,000m 2 —1m in height. building format lot particulars , for a proposed lot intended to be a building format lot, means the following— the proposed number of the lot; the total area of the lot; identification of any parts of the lot proposed to be outside the building in which the lot is proposed to be located, including any proposed balcony, courtyard or carport; the floor level in the building in which the lot is proposed to be located; identification of other lots and common property proposed to be on the same floor level in the building in which the lot is proposed to be located; identification of the proposed orientation of the lot by reference to north. existing surface contours , of a proposed lot intended to be a standard format lot, means the surface contours of the lot at the time the disclosure plan for the lot is prepared. standard format lot particulars , for a proposed lot intended to be a standard format lot, means the following— the proposed number of the lot; a description of the dimensions of the lot as bearings and distances; if the seller of the lot intends that before the contract is settled, a building be constructed on the lot by the seller, or by another person who is not the buyer under an arrangement procured by the seller— the location of the building on the lot; and the total area, and number of levels, of the building; and identification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola; identification of the proposed orientation of the lot by reference to north; if there is operational work for the lot— contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and the location of any retaining walls that are part of the work; and the height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and the areas of the lot to be cut or filled as part of the work; and the following information about any fill that is part of the work— the depth of the fill; whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard; if there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals. volumetric format lot particulars , for a proposed lot intended to be a volumetric format lot, means the following— the proposed number of the lot; an isometric representation of the lot; the area of the projected footprint of the lot; the level of the ground surface in approximate values for illustrating the location of the lot in relation to that level; identification of the proposed orientation of the lot by reference to north; if the lot is proposed to contain a building or be located in a building— the floor level on which the lot is proposed to be located; and identification of other lots and common property proposed to be on the same floor level in the building.\n- (a) for a proposed lot intended to be a building format lot—the building format lot particulars; or\n- (b) for a proposed lot intended to be a volumetric format lot—the volumetric format lot particulars; or\n- (c) for a proposed lot intended to be a standard format lot—the standard format lot particulars.\n- (a) for a proposed lot of not more than 2,000m 2 —50cm in height; or\n- (b) for a proposed lot of more than 2,000m 2 —1m in height.\n- (a) the proposed number of the lot;\n- (b) the total area of the lot;\n- (c) identification of any parts of the lot proposed to be outside the building in which the lot is proposed to be located, including any proposed balcony, courtyard or carport;\n- (d) the floor level in the building in which the lot is proposed to be located;\n- (e) identification of other lots and common property proposed to be on the same floor level in the building in which the lot is proposed to be located;\n- (f) identification of the proposed orientation of the lot by reference to north.\n- (a) the proposed number of the lot;\n- (b) a description of the dimensions of the lot as bearings and distances;\n- (c) if the seller of the lot intends that before the contract is settled, a building be constructed on the lot by the seller, or by another person who is not the buyer under an arrangement procured by the seller— (i) the location of the building on the lot; and (ii) the total area, and number of levels, of the building; and (iii) identification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola;\n- (i) the location of the building on the lot; and\n- (ii) the total area, and number of levels, of the building; and\n- (iii) identification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola;\n- (d) identification of the proposed orientation of the lot by reference to north;\n- (e) if there is operational work for the lot— (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and (ii) the location of any retaining walls that are part of the work; and (iii) the height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and (iv) the areas of the lot to be cut or filled as part of the work; and (v) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\n- (ii) the location of any retaining walls that are part of the work; and\n- (iii) the height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\n- (iv) the areas of the lot to be cut or filled as part of the work; and\n- (v) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (f) if there is no operational work for the lot—contour maps of the lot showing the existing surface contours, with appropriate contour intervals.\n- (i) the location of the building on the lot; and\n- (ii) the total area, and number of levels, of the building; and\n- (iii) identification of any features proposed to be constructed on the lot, including, for example, any proposed driveway, carport, courtyard or pergola;\n- (i) contour maps of the lot showing the surface contours, with appropriate contour intervals, as at the completion of the work; and\n- (ii) the location of any retaining walls that are part of the work; and\n- (iii) the height of any retaining walls that are part of the work or, if the height varies across the length of the wall, the height of the lowest and highest points of the wall and the average height of the wall; and\n- (iv) the areas of the lot to be cut or filled as part of the work; and\n- (v) the following information about any fill that is part of the work— (A) the depth of the fill; (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out; (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (A) the depth of the fill;\n- (B) whether the compaction of the fill will be done in accordance with Australian Standard AS 3798-2007, and the level of inspection and testing services carried out;\n- (C) if the compaction of the fill will not be done in accordance with that Australian Standard, the nature of the departure from the standard;\n- (a) the proposed number of the lot;\n- (b) an isometric representation of the lot;\n- (c) the area of the projected footprint of the lot;\n- (d) the level of the ground surface in approximate values for illustrating the location of the lot in relation to that level;\n- (e) identification of the proposed orientation of the lot by reference to north;\n- (f) if the lot is proposed to contain a building or be located in a building— (i) the floor level on which the lot is proposed to be located; and (ii) identification of other lots and common property proposed to be on the same floor level in the building.\n- (i) the floor level on which the lot is proposed to be located; and\n- (ii) identification of other lots and common property proposed to be on the same floor level in the building.\n- (i) the floor level on which the lot is proposed to be located; and\n- (ii) identification of other lots and common property proposed to be on the same floor level in the building.","sortOrder":348},{"sectionNumber":"sec.213A","sectionType":"section","heading":null,"content":"### Section sec.213A\n\ns 213A ins 2005 No. 61 s 47\nsub 2010 No. 30 s 15\nom 2014 No. 22 s 280","sortOrder":349},{"sectionNumber":"sec.214","sectionType":"section","heading":"Variation of disclosure statement by further statement","content":"### sec.214 Variation of disclosure statement by further statement\n\nThis section applies if the contract has not been settled, and—\nthe seller becomes aware that information contained in the disclosure statement was inaccurate as at the day the contract was entered into; or\nthe disclosure statement would not be accurate if now given as a disclosure statement.\nThe seller must, at least 21 days before the contract is settled, give the buyer a further statement (the further statement ) rectifying the inaccuracies in the disclosure statement.\nThe further statement must—\nbe signed by the seller; and\nto the extent, if any, the statement rectifies inaccuracies in the building format lot particulars, volumetric format lot particulars or standard format lot particulars mentioned in the disclosure statement—be certified as accurate by a cadastral surveyor.\nThe buyer may terminate the contract if—\nit has not already been settled; and\nthe buyer would be materially prejudiced if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate; and\nthe termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\nSubsections (1) to (4) continue to apply after the further statement is given on the basis that the disclosure statement is taken to be constituted by the disclosure statement and any further statement.\nIf the seller fails to comply with this section, the buyer may terminate the contract by written notice given to the seller if—\nthe contract has not already been settled; and\nthe buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.\ns 214 amd 2005 No. 61 s 48 ; 2010 No. 30 s 16 ; 2014 No. 46 s 15\n(sec.214-ssec.1) This section applies if the contract has not been settled, and— the seller becomes aware that information contained in the disclosure statement was inaccurate as at the day the contract was entered into; or the disclosure statement would not be accurate if now given as a disclosure statement.\n(sec.214-ssec.2) The seller must, at least 21 days before the contract is settled, give the buyer a further statement (the further statement ) rectifying the inaccuracies in the disclosure statement.\n(sec.214-ssec.3) The further statement must— be signed by the seller; and to the extent, if any, the statement rectifies inaccuracies in the building format lot particulars, volumetric format lot particulars or standard format lot particulars mentioned in the disclosure statement—be certified as accurate by a cadastral surveyor.\n(sec.214-ssec.4) The buyer may terminate the contract if— it has not already been settled; and the buyer would be materially prejudiced if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate; and the termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\n(sec.214-ssec.5) Subsections (1) to (4) continue to apply after the further statement is given on the basis that the disclosure statement is taken to be constituted by the disclosure statement and any further statement.\n(sec.214-ssec.6) If the seller fails to comply with this section, the buyer may terminate the contract by written notice given to the seller if— the contract has not already been settled; and the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.\n- (a) the seller becomes aware that information contained in the disclosure statement was inaccurate as at the day the contract was entered into; or\n- (b) the disclosure statement would not be accurate if now given as a disclosure statement.\n- (a) be signed by the seller; and\n- (b) to the extent, if any, the statement rectifies inaccuracies in the building format lot particulars, volumetric format lot particulars or standard format lot particulars mentioned in the disclosure statement—be certified as accurate by a cadastral surveyor.\n- (a) it has not already been settled; and\n- (b) the buyer would be materially prejudiced if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate; and\n- (c) the termination is effected by written notice given to the seller within 21 days, or a longer period agreed between the buyer and seller, after the seller gives the buyer the further statement.\n- (a) the contract has not already been settled; and\n- (b) the buyer would be materially prejudiced, if compelled to complete the contract, given the extent to which the disclosure statement was, or has become, inaccurate.","sortOrder":350},{"sectionNumber":"sec.214A","sectionType":"section","heading":"Variation of proposed building management statement by further statement","content":"### sec.214A Variation of proposed building management statement by further statement\n\nThis division applies as if a reference in section 214 to a disclosure statement included a reference to a copy of any building management statement given to the buyer under section 213 (2) (fa) .\ns 214A ins 2023 No. 27 s 270","sortOrder":351},{"sectionNumber":"sec.215","sectionType":"section","heading":"Contents of contract","content":"### sec.215 Contents of contract\n\nThe disclosure statement, and any material accompanying the disclosure statement, and each further statement and any material accompanying each further statement, form part of the provisions of the contract.\ns 215 amd 2005 No. 61 s 49 ; 2014 No. 22 s 281","sortOrder":352},{"sectionNumber":"sec.216","sectionType":"section","heading":"Buyer may rely on information","content":"### sec.216 Buyer may rely on information\n\nThe buyer may rely on information in the disclosure statement and each further statement as if the seller had warranted its accuracy.\ns 216 amd 2005 No. 61 s 50","sortOrder":353},{"sectionNumber":"sec.217","sectionType":"section","heading":"Terminating contract for inaccuracy of statement","content":"### sec.217 Terminating contract for inaccuracy of statement\n\nThe buyer may terminate the contract if—\nit has not already been settled; and\nat least 1 of the following applies—\nthe community management statement recorded for the scheme on its establishment or change is different from the proposed community management statement most recently advised to the buyer;\na community management statement, to which the recorded community management statement mentioned in subparagraph (i) is subject, is different from a proposed or existing community management statement previously advised to the buyer;\nthe community management statement most recently advised to the buyer is required under section 66 (1) (da) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\nthe community management statement most recently advised to the buyer is required under section 66 (1) (db) (i) to state the contribution schedule principle on which the contribution schedule lot entitlements have been decided and does not include the statement;\nthe community management statement most recently advised to the buyer is required under section 66 (1) (db) (ii) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\nthe community management statement most recently advised to the buyer is required under section 66 (1) (db) (iii) to include sufficient details about the relativity principle to show how individual contribution schedule lot entitlements were decided by using it (the details ) and does not include the details;\nthe community management statement most recently advised to the buyer is required under section 66 (1) (dc) (ii) to explain why the interest schedule lot entitlements do not reflect the respective market values of the lots included in the scheme and does not contain the explanation;\ninformation disclosed in the disclosure statement, as rectified by any further statement, is inaccurate; and\nbecause of a difference or inaccuracy under paragraph (b) , the buyer would be materially prejudiced if compelled to complete the contract; and\nthe termination is effected by written notice given to the seller by the buyer not later than the latest of the following—\n3 days before the buyer is otherwise required to complete the contract;\n14 days after the buyer is given notice that the scheme is established or changed;\nanother day agreed between the buyer and the seller.\ns 217 amd 1997 No. 78 s 19 ; 2003 No. 6 s 68 ; 2005 No. 61 s 51 ; 2010 No. 30 s 17 ; 2011 No. 9 s 32\n- (a) it has not already been settled; and\n- (b) at least 1 of the following applies— (i) the community management statement recorded for the scheme on its establishment or change is different from the proposed community management statement most recently advised to the buyer; (ii) a community management statement, to which the recorded community management statement mentioned in subparagraph (i) is subject, is different from a proposed or existing community management statement previously advised to the buyer; (iii) the community management statement most recently advised to the buyer is required under section 66 (1) (da) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation; (iv) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (i) to state the contribution schedule principle on which the contribution schedule lot entitlements have been decided and does not include the statement; (v) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (ii) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation; (vi) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (iii) to include sufficient details about the relativity principle to show how individual contribution schedule lot entitlements were decided by using it (the details ) and does not include the details; (vii) the community management statement most recently advised to the buyer is required under section 66 (1) (dc) (ii) to explain why the interest schedule lot entitlements do not reflect the respective market values of the lots included in the scheme and does not contain the explanation; (viii) information disclosed in the disclosure statement, as rectified by any further statement, is inaccurate; and\n- (i) the community management statement recorded for the scheme on its establishment or change is different from the proposed community management statement most recently advised to the buyer;\n- (ii) a community management statement, to which the recorded community management statement mentioned in subparagraph (i) is subject, is different from a proposed or existing community management statement previously advised to the buyer;\n- (iii) the community management statement most recently advised to the buyer is required under section 66 (1) (da) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\n- (iv) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (i) to state the contribution schedule principle on which the contribution schedule lot entitlements have been decided and does not include the statement;\n- (v) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (ii) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\n- (vi) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (iii) to include sufficient details about the relativity principle to show how individual contribution schedule lot entitlements were decided by using it (the details ) and does not include the details;\n- (vii) the community management statement most recently advised to the buyer is required under section 66 (1) (dc) (ii) to explain why the interest schedule lot entitlements do not reflect the respective market values of the lots included in the scheme and does not contain the explanation;\n- (viii) information disclosed in the disclosure statement, as rectified by any further statement, is inaccurate; and\n- (c) because of a difference or inaccuracy under paragraph (b) , the buyer would be materially prejudiced if compelled to complete the contract; and\n- (d) the termination is effected by written notice given to the seller by the buyer not later than the latest of the following— (i) 3 days before the buyer is otherwise required to complete the contract; (ii) 14 days after the buyer is given notice that the scheme is established or changed; (iii) another day agreed between the buyer and the seller.\n- (i) 3 days before the buyer is otherwise required to complete the contract;\n- (ii) 14 days after the buyer is given notice that the scheme is established or changed;\n- (iii) another day agreed between the buyer and the seller.\n- (i) the community management statement recorded for the scheme on its establishment or change is different from the proposed community management statement most recently advised to the buyer;\n- (ii) a community management statement, to which the recorded community management statement mentioned in subparagraph (i) is subject, is different from a proposed or existing community management statement previously advised to the buyer;\n- (iii) the community management statement most recently advised to the buyer is required under section 66 (1) (da) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\n- (iv) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (i) to state the contribution schedule principle on which the contribution schedule lot entitlements have been decided and does not include the statement;\n- (v) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (ii) to explain why the contribution schedule lot entitlements are not equal and does not contain the explanation;\n- (vi) the community management statement most recently advised to the buyer is required under section 66 (1) (db) (iii) to include sufficient details about the relativity principle to show how individual contribution schedule lot entitlements were decided by using it (the details ) and does not include the details;\n- (vii) the community management statement most recently advised to the buyer is required under section 66 (1) (dc) (ii) to explain why the interest schedule lot entitlements do not reflect the respective market values of the lots included in the scheme and does not contain the explanation;\n- (viii) information disclosed in the disclosure statement, as rectified by any further statement, is inaccurate; and\n- (i) 3 days before the buyer is otherwise required to complete the contract;\n- (ii) 14 days after the buyer is given notice that the scheme is established or changed;\n- (iii) another day agreed between the buyer and the seller.","sortOrder":354},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Other grounds for terminating contract","content":"## Other grounds for terminating contract","sortOrder":355},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Terminating contract if lot entitlements inconsistent with deciding principle","content":"### sec.217A Terminating contract if lot entitlements inconsistent with deciding principle\n\nThis section applies if—\nthe seller is intended to be the original owner for the scheme when it is established; and\nthe buyer reasonably believes either—\nthe proposed contribution schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the contribution schedule principle on which they are proposed to be decided; or\nthe proposed interest schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the market value principle; and\nthe buyer reasonably believes the buyer would be materially prejudiced if compelled to complete the contract.\nSubject to subsection (3) , the buyer may terminate the contract at any time before it settles by giving signed, dated notice of termination to the seller.\nThe termination must happen not later than 30 days, or a longer period agreed between the buyer and seller, after the buyer’s copy of the contract is received by the buyer or a person acting for the buyer.\nThe notice of termination must state that the contract is terminated under this section.\ns 217A ins 2011 No. 9 s 33\n(sec.217A-ssec.1) This section applies if— the seller is intended to be the original owner for the scheme when it is established; and the buyer reasonably believes either— the proposed contribution schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the contribution schedule principle on which they are proposed to be decided; or the proposed interest schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the market value principle; and the buyer reasonably believes the buyer would be materially prejudiced if compelled to complete the contract.\n(sec.217A-ssec.2) Subject to subsection (3) , the buyer may terminate the contract at any time before it settles by giving signed, dated notice of termination to the seller.\n(sec.217A-ssec.3) The termination must happen not later than 30 days, or a longer period agreed between the buyer and seller, after the buyer’s copy of the contract is received by the buyer or a person acting for the buyer.\n(sec.217A-ssec.4) The notice of termination must state that the contract is terminated under this section.\n- (a) the seller is intended to be the original owner for the scheme when it is established; and\n- (b) the buyer reasonably believes either— (i) the proposed contribution schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the contribution schedule principle on which they are proposed to be decided; or (ii) the proposed interest schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the market value principle; and\n- (i) the proposed contribution schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the contribution schedule principle on which they are proposed to be decided; or\n- (ii) the proposed interest schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the market value principle; and\n- (c) the buyer reasonably believes the buyer would be materially prejudiced if compelled to complete the contract.\n- (i) the proposed contribution schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the contribution schedule principle on which they are proposed to be decided; or\n- (ii) the proposed interest schedule lot entitlements for the lots proposed to be included in the scheme are inconsistent with the market value principle; and","sortOrder":356},{"sectionNumber":"sec.217B","sectionType":"section","heading":"Terminating contract if not settled within particular period","content":"### sec.217B Terminating contract if not settled within particular period\n\nThis section applies if, other than because of the buyer’s default, the seller has not settled the contract for the sale of the proposed lot before—\nif the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following—\nthe sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date;\nthe end of 5 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or\notherwise—the end of 3 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date.\nSee section 441 for the particular circumstances in which the period prescribed in subsection (1) (b) is changed.\nThe buyer may terminate the contract for the sale of the proposed lot by a signed written notice of termination given to the seller before the contract is settled.\ns 217B ins 2014 No. 46 s 17\n(sec.217B-ssec.1) This section applies if, other than because of the buyer’s default, the seller has not settled the contract for the sale of the proposed lot before— if the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following— the sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; the end of 5 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or otherwise—the end of 3 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date. See section 441 for the particular circumstances in which the period prescribed in subsection (1) (b) is changed.\n(sec.217B-ssec.2) The buyer may terminate the contract for the sale of the proposed lot by a signed written notice of termination given to the seller before the contract is settled.\n- (a) if the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following— (i) the sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; (ii) the end of 5 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or\n- (i) the sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date;\n- (ii) the end of 5 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or\n- (b) otherwise—the end of 3 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date.\n- (i) the sunset date or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date;\n- (ii) the end of 5 1 / 2 years after the day the contract was entered into by the buyer or, if the buyer requests a later date for settlement and the seller agrees to the date, the later date; or","sortOrder":357},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":358},{"sectionNumber":"sec.218","sectionType":"section","heading":"Termination under this part","content":"### sec.218 Termination under this part\n\nThis section applies if a buyer terminates a contract under this part.\nThe seller must, within 14 days after the termination, repay to the buyer—\nany amount paid to the seller or the seller’s agent towards the purchase of the lot; and\nany interest that accrued on the amount while it was held by the seller or the seller’s agent.\nHowever, if the amount or interest is held by an entity in a trust account kept as required under an Act, the requirement under subsection (2) applies subject to compliance with the law governing the entity’s trust account.\nAn amount repayable under subsection (2) may be recovered as a debt.\ns 218 amd 2010 No. 30 s 18\nsub 2014 No. 46 s 18\n(sec.218-ssec.1) This section applies if a buyer terminates a contract under this part.\n(sec.218-ssec.2) The seller must, within 14 days after the termination, repay to the buyer— any amount paid to the seller or the seller’s agent towards the purchase of the lot; and any interest that accrued on the amount while it was held by the seller or the seller’s agent.\n(sec.218-ssec.3) However, if the amount or interest is held by an entity in a trust account kept as required under an Act, the requirement under subsection (2) applies subject to compliance with the law governing the entity’s trust account.\n(sec.218-ssec.4) An amount repayable under subsection (2) may be recovered as a debt.\n- (a) any amount paid to the seller or the seller’s agent towards the purchase of the lot; and\n- (b) any interest that accrued on the amount while it was held by the seller or the seller’s agent.","sortOrder":359},{"sectionNumber":"sec.218A","sectionType":"section","heading":"Payment of particular amounts","content":"### sec.218A Payment of particular amounts\n\nThis subdivision applies to the following amounts—\nan amount paid towards the purchase of a proposed lot under a contract for the sale of the lot (other than an amount paid at settlement);\nan amount paid under another instrument (whether legally binding or not) relating to the sale of a proposed lot.\nan option to purchase\nan instrument providing for an expression of interest\ns 218A ins 2014 No. 46 s 19\n- (a) an amount paid towards the purchase of a proposed lot under a contract for the sale of the lot (other than an amount paid at settlement);\n- (b) an amount paid under another instrument (whether legally binding or not) relating to the sale of a proposed lot. Examples of instruments for paragraph (b) — • an option to purchase • an instrument providing for an expression of interest\n- • an option to purchase\n- • an instrument providing for an expression of interest\n- • an option to purchase\n- • an instrument providing for an expression of interest","sortOrder":360},{"sectionNumber":"sec.218B","sectionType":"section","heading":"Amounts paid under s 218A to be held in prescribed trust account","content":"### sec.218B Amounts paid under s 218A to be held in prescribed trust account\n\nThe person to whom the amount is paid must pay the amount directly to—\nif the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity—\na law practice at its office in Queensland;\na real estate agent carrying on the business of a real estate agent; or\nif paragraph (a) does not apply, the public trustee.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nAn amount paid to a recognised entity mentioned in subsection (1) (a) or (b) must be—\nheld by the entity in a prescribed trust account; and\ndealt with by the entity in accordance with this subdivision and the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nAn amount paid to a law practice under this section is taken to be trust money under the Legal Profession Act 2007 , part 3.3 .\ns 218B ins 2014 No. 46 s 19\n(sec.218B-ssec.1) The person to whom the amount is paid must pay the amount directly to— if the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity— a law practice at its office in Queensland; a real estate agent carrying on the business of a real estate agent; or if paragraph (a) does not apply, the public trustee. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218B-ssec.2) An amount paid to a recognised entity mentioned in subsection (1) (a) or (b) must be— held by the entity in a prescribed trust account; and dealt with by the entity in accordance with this subdivision and the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218B-ssec.3) An amount paid to a law practice under this section is taken to be trust money under the Legal Profession Act 2007 , part 3.3 .\n- (a) if the contract or instrument states the amount is to be paid to either of the following recognised entities, the recognised entity— (i) a law practice at its office in Queensland; (ii) a real estate agent carrying on the business of a real estate agent; or\n- (i) a law practice at its office in Queensland;\n- (ii) a real estate agent carrying on the business of a real estate agent; or\n- (b) if paragraph (a) does not apply, the public trustee.\n- (i) a law practice at its office in Queensland;\n- (ii) a real estate agent carrying on the business of a real estate agent; or\n- (a) held by the entity in a prescribed trust account; and\n- (b) dealt with by the entity in accordance with this subdivision and the law governing the operation of the entity’s prescribed trust account.","sortOrder":361},{"sectionNumber":"sec.218C","sectionType":"section","heading":"Disposal of amount held in prescribed trust account","content":"### sec.218C Disposal of amount held in prescribed trust account\n\nA recognised entity that is paid an amount under section 218B (1) must hold the amount in the entity’s prescribed trust account until a party to the contract or instrument becomes entitled, under this part or otherwise according to law, to a repayment or payment of the amount.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nOn a party becoming entitled to a repayment or payment of the amount, the recognised entity must dispose of the amount in accordance with the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nSubsections (1) and (2) apply despite anything in the contract or instrument under which the amount was paid to the recognised entity.\nSee also section 318 , which prevents contracting out of a provision of this Act.\ns 218C ins 2014 No. 46 s 19\namd 2023 No. 29 s 26\n(sec.218C-ssec.1) A recognised entity that is paid an amount under section 218B (1) must hold the amount in the entity’s prescribed trust account until a party to the contract or instrument becomes entitled, under this part or otherwise according to law, to a repayment or payment of the amount. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218C-ssec.2) On a party becoming entitled to a repayment or payment of the amount, the recognised entity must dispose of the amount in accordance with the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218C-ssec.3) Subsections (1) and (2) apply despite anything in the contract or instrument under which the amount was paid to the recognised entity. See also section 318 , which prevents contracting out of a provision of this Act.","sortOrder":362},{"sectionNumber":"sec.218D","sectionType":"section","heading":"Investment of amount held in prescribed trust account","content":"### sec.218D Investment of amount held in prescribed trust account\n\nA recognised entity that holds an amount paid under section 218B (1) in a prescribed trust account may invest the amount if—\neither of the following applies—\nthe contract or instrument authorises the investment;\nthe parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\nthe investment is carried out in accordance with the law governing the operation of the prescribed trust account.\nAn amount invested as mentioned in subsection (1) is taken to be an amount in the prescribed trust account.\nAny proceeds of an investment of an amount as mentioned in subsection (1) must be paid into the prescribed trust account, unless the proceeds are further invested as mentioned in subsection (1) .\nMaximum penalty for subsection (3) —200 penalty units or 1 year’s imprisonment.\ns 218D ins 2014 No. 46 s 19\n(sec.218D-ssec.1) A recognised entity that holds an amount paid under section 218B (1) in a prescribed trust account may invest the amount if— either of the following applies— the contract or instrument authorises the investment; the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and the investment is carried out in accordance with the law governing the operation of the prescribed trust account.\n(sec.218D-ssec.2) An amount invested as mentioned in subsection (1) is taken to be an amount in the prescribed trust account.\n(sec.218D-ssec.3) Any proceeds of an investment of an amount as mentioned in subsection (1) must be paid into the prescribed trust account, unless the proceeds are further invested as mentioned in subsection (1) . Maximum penalty for subsection (3) —200 penalty units or 1 year’s imprisonment.\n- (a) either of the following applies— (i) the contract or instrument authorises the investment; (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\n- (i) the contract or instrument authorises the investment;\n- (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and\n- (b) the investment is carried out in accordance with the law governing the operation of the prescribed trust account.\n- (i) the contract or instrument authorises the investment;\n- (ii) the parties to the contract or instrument give the entity their consent to the investment by signed written notice; and","sortOrder":363},{"sectionNumber":"sec.218E","sectionType":"section","heading":"Security instruments","content":"### sec.218E Security instruments\n\nThis section applies if an instrument is received from the buyer of a proposed lot as security for the payment of an amount under the contract for the sale of the lot—\nby a recognised entity on behalf of the seller; or\nby any other person on behalf of the seller; or\nby the seller.\nbank guarantee\nFor subsection (1) (a) , the recognised entity must keep the instrument at the prescribed place until—\nthe instrument is returnable to the buyer according to law; or\nthe instrument is given to the issuer of the security in exchange for the amount it secures.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nThe amount given in exchange for the instrument under subsection (2) (b) is trust money.\nThe amount given must be—\nheld by the recognised entity who held the instrument in the entity’s prescribed trust account; and\ndealt with by the recognised entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nFor subsection (1) (b) , the person must give the instrument directly to a recognised entity.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nFor subsection (1) (c) , the seller must give the instrument directly to a recognised entity.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nIf the instrument is given to a recognised entity under subsection (5) or (6) , subsections (2) , (3) and (4) apply as if the instrument were received from the buyer by the recognised entity on behalf of the seller as provided in subsection (1) (a) .\nIn this section—\nprescribed place means—\nfor a recognised entity that is a law practice—an office of the practice in Queensland; or\nfor a recognised entity that is the public trustee—an office of the public trustee in Queensland; or\nfor a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.\ns 218E ins 2014 No. 46 s 19\n(sec.218E-ssec.1) This section applies if an instrument is received from the buyer of a proposed lot as security for the payment of an amount under the contract for the sale of the lot— by a recognised entity on behalf of the seller; or by any other person on behalf of the seller; or by the seller. bank guarantee\n(sec.218E-ssec.2) For subsection (1) (a) , the recognised entity must keep the instrument at the prescribed place until— the instrument is returnable to the buyer according to law; or the instrument is given to the issuer of the security in exchange for the amount it secures. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218E-ssec.3) The amount given in exchange for the instrument under subsection (2) (b) is trust money.\n(sec.218E-ssec.4) The amount given must be— held by the recognised entity who held the instrument in the entity’s prescribed trust account; and dealt with by the recognised entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218E-ssec.5) For subsection (1) (b) , the person must give the instrument directly to a recognised entity. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218E-ssec.6) For subsection (1) (c) , the seller must give the instrument directly to a recognised entity. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.218E-ssec.7) If the instrument is given to a recognised entity under subsection (5) or (6) , subsections (2) , (3) and (4) apply as if the instrument were received from the buyer by the recognised entity on behalf of the seller as provided in subsection (1) (a) .\n(sec.218E-ssec.8) In this section— prescribed place means— for a recognised entity that is a law practice—an office of the practice in Queensland; or for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.\n- (a) by a recognised entity on behalf of the seller; or\n- (b) by any other person on behalf of the seller; or\n- (c) by the seller.\n- (a) the instrument is returnable to the buyer according to law; or\n- (b) the instrument is given to the issuer of the security in exchange for the amount it secures.\n- (a) held by the recognised entity who held the instrument in the entity’s prescribed trust account; and\n- (b) dealt with by the recognised entity in accordance with this division and the law governing the operation of the entity’s prescribed trust account.\n- (a) for a recognised entity that is a law practice—an office of the practice in Queensland; or\n- (b) for a recognised entity that is the public trustee—an office of the public trustee in Queensland; or\n- (c) for a recognised entity that is a real estate agent—the office of the real estate agency in which the agent carries on the business of a real estate agent.","sortOrder":364},{"sectionNumber":"sec.218F","sectionType":"section","heading":"Evidentiary provision","content":"### sec.218F Evidentiary provision\n\nIn a proceeding for an offence against this part, a copy of a contract or other instrument purporting to relate to the sale or purchase of a proposed lot and produced on behalf of the complainant is admissible in evidence as if it were the original contract or instrument.\ns 218F ins 2014 No. 46 s 19","sortOrder":365},{"sectionNumber":"sec.219","sectionType":"section","heading":"Restriction on powers of attorney in favour of seller","content":"### sec.219 Restriction on powers of attorney in favour of seller\n\nIf the buyer gives the seller a power of attorney to act for the buyer, the power may be exercised only in ways, and only for purposes, disclosed in a written statement given to the buyer before the power is given.\nThe statement must include a detailed description of the circumstances in which the power may be exercised.\nA power of attorney mentioned in subsection (1) , unless it sooner expires, expires 1 year after the scheme is established or changed.\ns 219 amd 1997 No. 78 s 20\n(sec.219-ssec.1) If the buyer gives the seller a power of attorney to act for the buyer, the power may be exercised only in ways, and only for purposes, disclosed in a written statement given to the buyer before the power is given.\n(sec.219-ssec.2) The statement must include a detailed description of the circumstances in which the power may be exercised.\n(sec.219-ssec.3) A power of attorney mentioned in subsection (1) , unless it sooner expires, expires 1 year after the scheme is established or changed.","sortOrder":366},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Implied warranties","content":"# Implied warranties","sortOrder":367},{"sectionNumber":"sec.220","sectionType":"section","heading":"Definition for pt 3","content":"### sec.220 Definition for pt 3\n\nIn this part—\nlot means—\na lot included in a community titles scheme; or\na lot (a proposed lot ) intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\ns 220 def lot amd 1997 No. 78 s 21\n- (a) a lot included in a community titles scheme; or\n- (b) a lot (a proposed lot ) intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.","sortOrder":368},{"sectionNumber":"sec.221","sectionType":"section","heading":"Part’s purpose","content":"### sec.221 Part’s purpose\n\nThis part—\nestablishes certain warranties that are implied in a contract for the sale of a lot; and\nestablishes a right to terminate a contract for the sale of a lot.\ns 221 amd 2010 No. 30 s 19\n- (a) establishes certain warranties that are implied in a contract for the sale of a lot; and\n- (b) establishes a right to terminate a contract for the sale of a lot.","sortOrder":369},{"sectionNumber":"sec.222","sectionType":"section","heading":"Effect of warranties and right to terminate","content":"### sec.222 Effect of warranties and right to terminate\n\nThe warranties and right to terminate established under this part have effect despite anything in the contract or in any other contract or arrangement.\nThe right to terminate established under this part is in addition to, and does not limit, any other remedy available to the buyer of a lot for a breach of a warranty established under this part.\ns 222 amd 2010 No. 30 s 20\n(sec.222-ssec.1) The warranties and right to terminate established under this part have effect despite anything in the contract or in any other contract or arrangement.\n(sec.222-ssec.2) The right to terminate established under this part is in addition to, and does not limit, any other remedy available to the buyer of a lot for a breach of a warranty established under this part.","sortOrder":370},{"sectionNumber":"sec.223","sectionType":"section","heading":"Implied warranties","content":"### sec.223 Implied warranties\n\nThe warranties stated in this section are implied in a contract for the sale of a lot.\nThe seller warrants that, as at the date of the contract—\nto the seller’s knowledge, there are no latent or patent defects in the common property or body corporate assets, other than the following—\ndefects arising through fair wear and tear;\ndefects disclosed in the contract; and\nthe body corporate records do not disclose any defects to which the warranty in paragraph (a) applies; and\nto the seller’s knowledge, there are no actual, contingent or expected liabilities of the body corporate that are not part of the body corporate’s normal operating expenses, other than liabilities disclosed in the contract; and\nthe body corporate records do not disclose any liabilities of the body corporate to which the warranty in paragraph (c) applies.\nThe seller warrants that, as at the completion of the contract, to the seller’s knowledge, there are no circumstances (other than circumstances disclosed in the contract) in relation to the affairs of the body corporate likely to materially prejudice the buyer.\nAn administrator has been appointed under the order of an adjudicator under the dispute resolution provisions.\nThe body corporate has failed to comply with the provisions of this Act to the extent that its affairs are in disarray, records are incomplete and there is no reasonable prospect of the buyer finding out whether the warranty mentioned in subsection (2) (b) has been breached.\nFor subsection (2) , a seller is taken to have knowledge of a matter if the seller has actual knowledge of the matter or ought reasonably to have knowledge of the matter.\ns 223 amd 2003 No. 6 s 69\n(sec.223-ssec.1) The warranties stated in this section are implied in a contract for the sale of a lot.\n(sec.223-ssec.2) The seller warrants that, as at the date of the contract— to the seller’s knowledge, there are no latent or patent defects in the common property or body corporate assets, other than the following— defects arising through fair wear and tear; defects disclosed in the contract; and the body corporate records do not disclose any defects to which the warranty in paragraph (a) applies; and to the seller’s knowledge, there are no actual, contingent or expected liabilities of the body corporate that are not part of the body corporate’s normal operating expenses, other than liabilities disclosed in the contract; and the body corporate records do not disclose any liabilities of the body corporate to which the warranty in paragraph (c) applies.\n(sec.223-ssec.3) The seller warrants that, as at the completion of the contract, to the seller’s knowledge, there are no circumstances (other than circumstances disclosed in the contract) in relation to the affairs of the body corporate likely to materially prejudice the buyer. An administrator has been appointed under the order of an adjudicator under the dispute resolution provisions. The body corporate has failed to comply with the provisions of this Act to the extent that its affairs are in disarray, records are incomplete and there is no reasonable prospect of the buyer finding out whether the warranty mentioned in subsection (2) (b) has been breached.\n(sec.223-ssec.4) For subsection (2) , a seller is taken to have knowledge of a matter if the seller has actual knowledge of the matter or ought reasonably to have knowledge of the matter.\n- (a) to the seller’s knowledge, there are no latent or patent defects in the common property or body corporate assets, other than the following— (i) defects arising through fair wear and tear; (ii) defects disclosed in the contract; and\n- (i) defects arising through fair wear and tear;\n- (ii) defects disclosed in the contract; and\n- (b) the body corporate records do not disclose any defects to which the warranty in paragraph (a) applies; and\n- (c) to the seller’s knowledge, there are no actual, contingent or expected liabilities of the body corporate that are not part of the body corporate’s normal operating expenses, other than liabilities disclosed in the contract; and\n- (d) the body corporate records do not disclose any liabilities of the body corporate to which the warranty in paragraph (c) applies.\n- (i) defects arising through fair wear and tear;\n- (ii) defects disclosed in the contract; and\n- 1 An administrator has been appointed under the order of an adjudicator under the dispute resolution provisions.\n- 2 The body corporate has failed to comply with the provisions of this Act to the extent that its affairs are in disarray, records are incomplete and there is no reasonable prospect of the buyer finding out whether the warranty mentioned in subsection (2) (b) has been breached.","sortOrder":371},{"sectionNumber":"sec.224","sectionType":"section","heading":"Termination for breach of warranty","content":"### sec.224 Termination for breach of warranty\n\nThe buyer may, by written notice given to the seller, terminate the contract if there would be a breach of a warranty established under this part were the contract to be completed at the time it is in fact terminated.\nA notice under subsection (1) must be given—\nif the lot is a proposed lot—not later than 3 days before the buyer is otherwise required to complete the contract; or\nif paragraph (a) does not apply—within 14 days after the later of the following happen—\nthe buyer’s copy of the contract is received by the buyer or a person acting for the buyer;\nanother period agreed between the buyer and the seller ends.\nIf the buyer terminates the contract, the seller must repay to the buyer any amount paid to the seller (including the seller’s agent) towards the purchase of the lot the subject of the contract within 14 days after the termination.\ns 224 amd 2003 No. 6 s 70 ; 2010 No. 30 s 21\n(sec.224-ssec.1) The buyer may, by written notice given to the seller, terminate the contract if there would be a breach of a warranty established under this part were the contract to be completed at the time it is in fact terminated.\n(sec.224-ssec.2) A notice under subsection (1) must be given— if the lot is a proposed lot—not later than 3 days before the buyer is otherwise required to complete the contract; or if paragraph (a) does not apply—within 14 days after the later of the following happen— the buyer’s copy of the contract is received by the buyer or a person acting for the buyer; another period agreed between the buyer and the seller ends.\n(sec.224-ssec.3) If the buyer terminates the contract, the seller must repay to the buyer any amount paid to the seller (including the seller’s agent) towards the purchase of the lot the subject of the contract within 14 days after the termination.\n- (a) if the lot is a proposed lot—not later than 3 days before the buyer is otherwise required to complete the contract; or\n- (b) if paragraph (a) does not apply—within 14 days after the later of the following happen— (i) the buyer’s copy of the contract is received by the buyer or a person acting for the buyer; (ii) another period agreed between the buyer and the seller ends.\n- (i) the buyer’s copy of the contract is received by the buyer or a person acting for the buyer;\n- (ii) another period agreed between the buyer and the seller ends.\n- (i) the buyer’s copy of the contract is received by the buyer or a person acting for the buyer;\n- (ii) another period agreed between the buyer and the seller ends.","sortOrder":372},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Costs not recoverable by original owner on the sale of a lot","content":"# Costs not recoverable by original owner on the sale of a lot","sortOrder":373},{"sectionNumber":"sec.225","sectionType":"section","heading":"Costs incurred in entering contracts of engagement or authorisation","content":"### sec.225 Costs incurred in entering contracts of engagement or authorisation\n\nThe original owner of a lot in a community titles scheme must not recover from a buyer of the lot or the body corporate any part of the original owner’s costs incurred, in the original owner control period, in entering into a contract that provides for—\nthe engagement of a person as a body corporate manager or service contractor; or\nthe authorisation of a person as a letting agent.\nIf an amount is given to or accepted by the original owner in contravention of subsection (1) , the buyer may recover the amount from the original owner as a debt.\nTo remove any doubt, it is declared that subsection (1) does not apply to the recovery from the buyer of costs incurred after the buyer becomes the owner of the lot and for which the buyer is liable, under this Act, as a lot owner.\ns 225 ins 2003 No. 6 s 71\n(sec.225-ssec.1) The original owner of a lot in a community titles scheme must not recover from a buyer of the lot or the body corporate any part of the original owner’s costs incurred, in the original owner control period, in entering into a contract that provides for— the engagement of a person as a body corporate manager or service contractor; or the authorisation of a person as a letting agent.\n(sec.225-ssec.2) If an amount is given to or accepted by the original owner in contravention of subsection (1) , the buyer may recover the amount from the original owner as a debt.\n(sec.225-ssec.3) To remove any doubt, it is declared that subsection (1) does not apply to the recovery from the buyer of costs incurred after the buyer becomes the owner of the lot and for which the buyer is liable, under this Act, as a lot owner.\n- (a) the engagement of a person as a body corporate manager or service contractor; or\n- (b) the authorisation of a person as a letting agent.","sortOrder":374},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":375},{"sectionNumber":"sec.226","sectionType":"section","heading":"Definitions for ch 6","content":"### sec.226 Definitions for ch 6\n\nIn this chapter—\ndispute see section 227 .\ns 226 def dispute sub 2003 No. 6 s 72\noccupier , of a lot, means a person in the person’s capacity as the occupier of the lot, and not, for example, in the person’s capacity as a service contractor or letting agent for the scheme.\nowner , of a lot, means a person in the person’s capacity as the owner of the lot, and not, for example, in the person’s capacity as a service contractor or letting agent for the scheme.","sortOrder":376},{"sectionNumber":"sec.227","sectionType":"section","heading":"Meaning of dispute","content":"### sec.227 Meaning of dispute\n\nA dispute is a dispute between—\nthe owner or occupier of a lot included in a community titles scheme and the owner or occupier of another lot included in the scheme; or\nthe body corporate for a community titles scheme and the owner or occupier of a lot included in the scheme; or\nthe body corporate for a community titles scheme and a body corporate manager for the scheme; or\nthe body corporate for a community titles scheme and a caretaking service contractor for the scheme; or\nthe body corporate for a community titles scheme and a service contractor for the scheme, if the dispute arises out of a review carried out, or required to be carried out, under chapter 3 , part 2 , division 7 ; or\nthe body corporate for a community titles scheme and a letting agent for the scheme; or\nthe body corporate for a community titles scheme and a member of the committee for the body corporate; or\nthe committee for the body corporate for a community titles scheme and a member of the committee; or\nthe body corporate for a community titles scheme and a former body corporate manager for the scheme about the return, by the former body corporate manager to the body corporate, of body corporate property; or\nif the dispute is about access by an interested person (layered arrangement) to the records of a body corporate for a community titles scheme in a layered arrangement of community titles schemes—the person and the body corporate; or\nif the dispute is about the giving of documents or material required to be given to a body corporate for a community titles scheme by an original owner under this Act—the body corporate and the original owner for the scheme.\nAn application by a person mentioned in subsection (1) (a) to (h) for a declaratory order about the operation of this Act is also a dispute even if there is no respondent or affected person for the application.\nan application by a body corporate for an order declaring the financial year for the body corporate\nIf a community titles scheme is included in a layered arrangement of community titles schemes, a dispute between the following parties is also a dispute if the dispute relates to by-laws that are binding on both parties and the person commencing the proceeding is directly and materially affected by the subject of the dispute—\nthe owner or occupier of a lot included in the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement;\nthe body corporate for the community titles scheme and another body corporate that is included in the layered arrangement;\nthe body corporate for the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement.\nAn adjudication application made by a body corporate for an alternative insurance order is also a dispute .\ns 227 ins 2003 No. 6 s 73\namd 2007 No. 11 s 18 ; 2023 No. 29 s 27\n(sec.227-ssec.1) A dispute is a dispute between— the owner or occupier of a lot included in a community titles scheme and the owner or occupier of another lot included in the scheme; or the body corporate for a community titles scheme and the owner or occupier of a lot included in the scheme; or the body corporate for a community titles scheme and a body corporate manager for the scheme; or the body corporate for a community titles scheme and a caretaking service contractor for the scheme; or the body corporate for a community titles scheme and a service contractor for the scheme, if the dispute arises out of a review carried out, or required to be carried out, under chapter 3 , part 2 , division 7 ; or the body corporate for a community titles scheme and a letting agent for the scheme; or the body corporate for a community titles scheme and a member of the committee for the body corporate; or the committee for the body corporate for a community titles scheme and a member of the committee; or the body corporate for a community titles scheme and a former body corporate manager for the scheme about the return, by the former body corporate manager to the body corporate, of body corporate property; or if the dispute is about access by an interested person (layered arrangement) to the records of a body corporate for a community titles scheme in a layered arrangement of community titles schemes—the person and the body corporate; or if the dispute is about the giving of documents or material required to be given to a body corporate for a community titles scheme by an original owner under this Act—the body corporate and the original owner for the scheme.\n(sec.227-ssec.2) An application by a person mentioned in subsection (1) (a) to (h) for a declaratory order about the operation of this Act is also a dispute even if there is no respondent or affected person for the application. an application by a body corporate for an order declaring the financial year for the body corporate\n(sec.227-ssec.3) If a community titles scheme is included in a layered arrangement of community titles schemes, a dispute between the following parties is also a dispute if the dispute relates to by-laws that are binding on both parties and the person commencing the proceeding is directly and materially affected by the subject of the dispute— the owner or occupier of a lot included in the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement; the body corporate for the community titles scheme and another body corporate that is included in the layered arrangement; the body corporate for the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement.\n(sec.227-ssec.4) An adjudication application made by a body corporate for an alternative insurance order is also a dispute .\n- (a) the owner or occupier of a lot included in a community titles scheme and the owner or occupier of another lot included in the scheme; or\n- (b) the body corporate for a community titles scheme and the owner or occupier of a lot included in the scheme; or\n- (c) the body corporate for a community titles scheme and a body corporate manager for the scheme; or\n- (d) the body corporate for a community titles scheme and a caretaking service contractor for the scheme; or\n- (e) the body corporate for a community titles scheme and a service contractor for the scheme, if the dispute arises out of a review carried out, or required to be carried out, under chapter 3 , part 2 , division 7 ; or\n- (f) the body corporate for a community titles scheme and a letting agent for the scheme; or\n- (g) the body corporate for a community titles scheme and a member of the committee for the body corporate; or\n- (h) the committee for the body corporate for a community titles scheme and a member of the committee; or\n- (i) the body corporate for a community titles scheme and a former body corporate manager for the scheme about the return, by the former body corporate manager to the body corporate, of body corporate property; or\n- (j) if the dispute is about access by an interested person (layered arrangement) to the records of a body corporate for a community titles scheme in a layered arrangement of community titles schemes—the person and the body corporate; or\n- (k) if the dispute is about the giving of documents or material required to be given to a body corporate for a community titles scheme by an original owner under this Act—the body corporate and the original owner for the scheme.\n- (a) the owner or occupier of a lot included in the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement;\n- (b) the body corporate for the community titles scheme and another body corporate that is included in the layered arrangement;\n- (c) the body corporate for the community titles scheme and the owner or occupier of a lot in another community titles scheme that is included in the layered arrangement.","sortOrder":377},{"sectionNumber":"sec.228","sectionType":"section","heading":"Chapter’s purpose","content":"### sec.228 Chapter’s purpose\n\nThis chapter establishes arrangements for resolving, in the context of community titles schemes, disputes about—\ncontraventions of this Act or community management statements; and\nthe exercise of rights or powers, or the performance of duties, under this Act or community management statements; and\nthe adjustment of lot entitlement schedules; and\nmatters arising under the engagement of persons as body corporate managers, the engagement of certain persons as service contractors, and the authorisation of persons as letting agents.\nSubsection (1) (c) applies subject to sections 47AA and 412 .\nAlso, this chapter authorises the provision of education and information services aimed at promoting the avoidance of disputes.\ns 228 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 3 sch ; 2013 No. 11 s 10\n(sec.228-ssec.1) This chapter establishes arrangements for resolving, in the context of community titles schemes, disputes about— contraventions of this Act or community management statements; and the exercise of rights or powers, or the performance of duties, under this Act or community management statements; and the adjustment of lot entitlement schedules; and matters arising under the engagement of persons as body corporate managers, the engagement of certain persons as service contractors, and the authorisation of persons as letting agents.\n(sec.228-ssec.1A) Subsection (1) (c) applies subject to sections 47AA and 412 .\n(sec.228-ssec.2) Also, this chapter authorises the provision of education and information services aimed at promoting the avoidance of disputes.\n- (a) contraventions of this Act or community management statements; and\n- (b) the exercise of rights or powers, or the performance of duties, under this Act or community management statements; and\n- (c) the adjustment of lot entitlement schedules; and\n- (d) matters arising under the engagement of persons as body corporate managers, the engagement of certain persons as service contractors, and the authorisation of persons as letting agents.","sortOrder":378},{"sectionNumber":"sec.229","sectionType":"section","heading":"Exclusivity of dispute resolution provisions","content":"### sec.229 Exclusivity of dispute resolution provisions\n\nSubsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process.\nFor a dispute about a body corporate decision under section 47A , see section 47AA .\nFor disputes about a decision of a body corporate committee under section 410 , or a body corporate decision under section 411 , see section 412 (5) .\nThe only remedy for a complex dispute is—\nthe resolution of the dispute by—\nan order of a specialist adjudicator under chapter 6 ; or\nan order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or\nan order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.\nSubject to section 229A , the only remedy for a dispute that is not a complex dispute is—\nthe resolution of the dispute by a dispute resolution process; or\nan order of the appeal tribunal on appeal from an adjudicator on a question of law.\nHowever, subsections (2) and (3) do not apply to a dispute if—\nan application is made to the commissioner; and\nthe commissioner dismisses the application under part 5 .\nAlso, subsections (2) and (3) do not limit—\nthe powers of QCAT under the QCAT Act to—\nrefer a question of law to the Court of Appeal; or\ntransfer a proceeding, or a part of a proceeding, to the Court of Appeal; or\nthe right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act .\ns 229 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 74\nsub 2007 No. 11 s 19\namd 2008 No. 69 s 4 ; 2009 No. 24 s 366 ; 2010 No. 26 s 9 ; 2013 No. 11 s 11\n(sec.229-ssec.1) Subsections (2) and (3) apply to a dispute if it may be resolved under this chapter by a dispute resolution process. For a dispute about a body corporate decision under section 47A , see section 47AA . For disputes about a decision of a body corporate committee under section 410 , or a body corporate decision under section 411 , see section 412 (5) .\n(sec.229-ssec.2) The only remedy for a complex dispute is— the resolution of the dispute by— an order of a specialist adjudicator under chapter 6 ; or an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.\n(sec.229-ssec.3) Subject to section 229A , the only remedy for a dispute that is not a complex dispute is— the resolution of the dispute by a dispute resolution process; or an order of the appeal tribunal on appeal from an adjudicator on a question of law.\n(sec.229-ssec.4) However, subsections (2) and (3) do not apply to a dispute if— an application is made to the commissioner; and the commissioner dismisses the application under part 5 .\n(sec.229-ssec.5) Also, subsections (2) and (3) do not limit— the powers of QCAT under the QCAT Act to— refer a question of law to the Court of Appeal; or transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act .\n- 1 For a dispute about a body corporate decision under section 47A , see section 47AA .\n- 2 For disputes about a decision of a body corporate committee under section 410 , or a body corporate decision under section 411 , see section 412 (5) .\n- (a) the resolution of the dispute by— (i) an order of a specialist adjudicator under chapter 6 ; or (ii) an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or\n- (i) an order of a specialist adjudicator under chapter 6 ; or\n- (ii) an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or\n- (b) an order of the appeal tribunal on appeal from a specialist adjudicator or QCAT on a question of law.\n- (i) an order of a specialist adjudicator under chapter 6 ; or\n- (ii) an order of QCAT exercising the tribunal’s original jurisdiction under the QCAT Act ; or\n- (a) the resolution of the dispute by a dispute resolution process; or\n- (b) an order of the appeal tribunal on appeal from an adjudicator on a question of law.\n- (a) an application is made to the commissioner; and\n- (b) the commissioner dismisses the application under part 5 .\n- (a) the powers of QCAT under the QCAT Act to— (i) refer a question of law to the Court of Appeal; or (ii) transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or\n- (i) refer a question of law to the Court of Appeal; or\n- (ii) transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or\n- (b) the right of a party to make an appeal from QCAT to the Court of Appeal under the QCAT Act .\n- (i) refer a question of law to the Court of Appeal; or\n- (ii) transfer a proceeding, or a part of a proceeding, to the Court of Appeal; or","sortOrder":379},{"sectionNumber":"sec.229A","sectionType":"section","heading":"Disputes about particular debts","content":"### sec.229A Disputes about particular debts\n\nA claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009 , schedule 3 , definition minor civil dispute , paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute.\nSubsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute.\nTo remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute.\nA dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction.\nIf—\na dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and\na proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction;\nthe dispute resolution process is at an end.\nA dispute is a related dispute to a debt dispute if—\nthe subject matter of the dispute is related to the subject matter of the debt dispute; and\nthere are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and\nthe commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process.\nIn this section—\ndebt dispute means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.\ns 229A ins 2010 No. 26 s 10\n(sec.229A-ssec.1) A claim to recover a debt the subject of a debt dispute that is a claim under the Queensland Civil and Administrative Tribunal Act 2009 , schedule 3 , definition minor civil dispute , paragraph 1(a) is, under paragraph 2 of that definition, a minor civil dispute.\n(sec.229A-ssec.2) Subsection (1) does not affect a body corporate’s right to start proceedings in a court of competent jurisdiction to recover a debt the subject of a debt dispute.\n(sec.229A-ssec.3) To remove any doubt, it is declared that an adjudicator does not have jurisdiction in a debt dispute.\n(sec.229A-ssec.4) A dispute resolution process does not apply to a debt dispute or a related dispute to a debt dispute once a proceeding to recover the debt the subject of the debt dispute is started before QCAT or in a court of competent jurisdiction.\n(sec.229A-ssec.5) If— a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction; the dispute resolution process is at an end.\n(sec.229A-ssec.6) A dispute is a related dispute to a debt dispute if— the subject matter of the dispute is related to the subject matter of the debt dispute; and there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process.\n(sec.229A-ssec.7) In this section— debt dispute means a dispute between a body corporate for a community titles scheme and the owner of a lot included in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.\n- (a) a dispute resolution process has started for a debt dispute or a related dispute to a debt dispute; and\n- (b) a proceeding to recover the debt the subject of the debt dispute is subsequently started before QCAT or in a court of competent jurisdiction;\n- (a) the subject matter of the dispute is related to the subject matter of the debt dispute; and\n- (b) there are proceedings in a court or before QCAT to recover the debt the subject of the debt dispute; and\n- (c) the commissioner considers that the dispute and the debt dispute are connected in a way that makes it inappropriate for the dispute to be dealt with by a dispute resolution process.","sortOrder":380},{"sectionNumber":"sec.230","sectionType":"section","heading":"Structure of arrangements","content":"### sec.230 Structure of arrangements\n\nThis chapter provides for the establishment of the office of commissioner for body corporate and community management for providing education and information services and managing the dispute resolution process.\nThis chapter also provides for the appointment of dispute resolution officers to settle individual disputes.\nThe main elements of the dispute resolution process provided for in this chapter are—\napplications to the commissioner\ndispute resolution recommendations, especially at the preliminary stage of the dispute resolution process\nmediation, conciliation and adjudication\norders, including interim orders, by adjudicators\nenforcement of orders through a Magistrates Court\nappeals to the appeal tribunal on questions of law.\ns 230 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 20 ; 2009 No. 24 s 367\n(sec.230-ssec.1) This chapter provides for the establishment of the office of commissioner for body corporate and community management for providing education and information services and managing the dispute resolution process.\n(sec.230-ssec.2) This chapter also provides for the appointment of dispute resolution officers to settle individual disputes.\n(sec.230-ssec.3) The main elements of the dispute resolution process provided for in this chapter are— applications to the commissioner dispute resolution recommendations, especially at the preliminary stage of the dispute resolution process mediation, conciliation and adjudication orders, including interim orders, by adjudicators enforcement of orders through a Magistrates Court appeals to the appeal tribunal on questions of law.\n- • applications to the commissioner\n- • dispute resolution recommendations, especially at the preliminary stage of the dispute resolution process\n- • mediation, conciliation and adjudication\n- • orders, including interim orders, by adjudicators\n- • enforcement of orders through a Magistrates Court\n- • appeals to the appeal tribunal on questions of law.","sortOrder":381},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Commissioner for body corporate and community management","content":"# Commissioner for body corporate and community management","sortOrder":382},{"sectionNumber":"sec.231","sectionType":"section","heading":"Appointment of commissioner","content":"### sec.231 Appointment of commissioner\n\nThere is to be a commissioner for body corporate and community management.\nThe commissioner is appointed under the Public Sector Act 2022 .\nA person may hold the office of commissioner as well as another position under the Public Sector Act 2022 .\ns 231 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.231-ssec.1) There is to be a commissioner for body corporate and community management.\n(sec.231-ssec.2) The commissioner is appointed under the Public Sector Act 2022 .\n(sec.231-ssec.3) A person may hold the office of commissioner as well as another position under the Public Sector Act 2022 .","sortOrder":383},{"sectionNumber":"sec.232","sectionType":"section","heading":"Responsibilities","content":"### sec.232 Responsibilities\n\nThe commissioner has responsibility for the administration of this chapter.\nIn particular, the commissioner has responsibility for providing, under this chapter, a dispute resolution service.\nThe commissioner may also provide an education and information service for helping—\nlot owners, bodies corporate and other persons who have rights and obligations under this Act to become aware of the rights and obligations; and\nmembers of the public to become aware of the rights and obligations under this Act of persons mentioned in paragraph (a) ; and\ndispute resolution officers to increase their proficiency.\nThe commissioner is subject to the direction of the chief executive in administering this chapter, but must act independently, impartially and fairly in making decisions about particular persons.\nThe commissioner must act independently in making a dispute resolution recommendation for a particular application.\nOnce an application is referred to an adjudicator, the commissioner has no role in relation to the substance of the dispute or the outcome sought by the application.\nSubsection (5) does not affect the exercise of a power by the commissioner under section 239C or 294A (2) (a) .\ns 232 amd 2003 No. 6 s 75 ; 2007 No. 11 s 21\n(sec.232-ssec.1) The commissioner has responsibility for the administration of this chapter.\n(sec.232-ssec.2) In particular, the commissioner has responsibility for providing, under this chapter, a dispute resolution service.\n(sec.232-ssec.3) The commissioner may also provide an education and information service for helping— lot owners, bodies corporate and other persons who have rights and obligations under this Act to become aware of the rights and obligations; and members of the public to become aware of the rights and obligations under this Act of persons mentioned in paragraph (a) ; and dispute resolution officers to increase their proficiency.\n(sec.232-ssec.4) The commissioner is subject to the direction of the chief executive in administering this chapter, but must act independently, impartially and fairly in making decisions about particular persons. The commissioner must act independently in making a dispute resolution recommendation for a particular application.\n(sec.232-ssec.5) Once an application is referred to an adjudicator, the commissioner has no role in relation to the substance of the dispute or the outcome sought by the application.\n(sec.232-ssec.6) Subsection (5) does not affect the exercise of a power by the commissioner under section 239C or 294A (2) (a) .\n- (a) lot owners, bodies corporate and other persons who have rights and obligations under this Act to become aware of the rights and obligations; and\n- (b) members of the public to become aware of the rights and obligations under this Act of persons mentioned in paragraph (a) ; and\n- (c) dispute resolution officers to increase their proficiency.","sortOrder":384},{"sectionNumber":"sec.233","sectionType":"section","heading":"Practice directions","content":"### sec.233 Practice directions\n\nThe commissioner may make practice directions for internal dispute resolution and the dispute resolution service.\nWithout limiting subsection (1) , practice directions may be made about all or any of the following—\nthe contents of—\napplications; or\ndocuments supporting applications; or\nsubmissions to the commissioner about applications;\ndispute resolution recommendations;\nprocedures for conducting the dispute resolution service.\nThe doing of anything by a person for internal dispute resolution or the dispute resolution service is subject to a practice direction about doing the thing.\nTo remove any doubt, it is declared that a practice direction is not subordinate legislation.\ns 233 ins 2003 No. 6 s 76\namd 2007 No. 11 s 22\n(sec.233-ssec.1) The commissioner may make practice directions for internal dispute resolution and the dispute resolution service.\n(sec.233-ssec.2) Without limiting subsection (1) , practice directions may be made about all or any of the following— the contents of— applications; or documents supporting applications; or submissions to the commissioner about applications; dispute resolution recommendations; procedures for conducting the dispute resolution service.\n(sec.233-ssec.3) The doing of anything by a person for internal dispute resolution or the dispute resolution service is subject to a practice direction about doing the thing.\n(sec.233-ssec.4) To remove any doubt, it is declared that a practice direction is not subordinate legislation.\n- (a) the contents of— (i) applications; or (ii) documents supporting applications; or (iii) submissions to the commissioner about applications;\n- (i) applications; or\n- (ii) documents supporting applications; or\n- (iii) submissions to the commissioner about applications;\n- (b) dispute resolution recommendations;\n- (c) procedures for conducting the dispute resolution service.\n- (i) applications; or\n- (ii) documents supporting applications; or\n- (iii) submissions to the commissioner about applications;","sortOrder":385},{"sectionNumber":"sec.234","sectionType":"section","heading":"Protection of commissioner","content":"### sec.234 Protection of commissioner\n\nIn performing official functions under this chapter, the commissioner has the privileges and immunities from liability a magistrate has in exercising the jurisdiction of a Magistrates Court.\ns 234 amd 2003 No. 6 s 3 sch","sortOrder":386},{"sectionNumber":"sec.235","sectionType":"section","heading":"Delegation by commissioner","content":"### sec.235 Delegation by commissioner\n\nThe commissioner may delegate a power the commissioner has under this chapter to a public service employee who is appropriately qualified to exercise the power delegated.\nAlso, the commissioner may delegate a power the commissioner has under parts 5 to 9 to—\nan adjudicator appointed for specialist adjudication; or\nanother adjudicator who is not a public service employee.\nA delegation under subsection (2) may only be made on a case by case basis.\ns 235 sub 2003 No. 6 s 77\n(sec.235-ssec.1) The commissioner may delegate a power the commissioner has under this chapter to a public service employee who is appropriately qualified to exercise the power delegated.\n(sec.235-ssec.2) Also, the commissioner may delegate a power the commissioner has under parts 5 to 9 to— an adjudicator appointed for specialist adjudication; or another adjudicator who is not a public service employee.\n(sec.235-ssec.3) A delegation under subsection (2) may only be made on a case by case basis.\n- (a) an adjudicator appointed for specialist adjudication; or\n- (b) another adjudicator who is not a public service employee.","sortOrder":387},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Dispute resolution officers","content":"# Dispute resolution officers","sortOrder":388},{"sectionNumber":"sec.236","sectionType":"section","heading":"Appointment of dispute resolution officers","content":"### sec.236 Appointment of dispute resolution officers\n\nThe chief executive must appoint appropriately qualified persons as department conciliators and department adjudicators ( department appointees ) for conducting the dispute resolution service.\nA department appointee—\nis appointed under the Public Sector Act 2022 ; and\nmay hold the office of department appointee as well as an appointment to perform another role under that Act; and\nis appointed for conducting the dispute resolution processes stated in the appointment for applications referred to the department appointee.\nAlso, the chief executive may enter into a contract with an appropriately qualified person under which the person—\nagrees to provide department adjudication or department conciliation; and\nis appointed as a department adjudicator for conducting department adjudication, or as a department conciliator for conducting department conciliation, for applications referred to the person while the contract is in force.\nA person appointed under subsection (3) is appointed under this Act and not the Public Sector Act 2022 .\nA person may be appointed under this section for conducting both department conciliation and department adjudication.\nSee, however, section 267 (2) .\nA person is appointed for specialist mediation, specialist conciliation or specialist adjudication, in the way provided in this chapter, only on a case by case basis.\nPart 7 deals with specialist mediation and conciliation and part 8 deals with specialist adjudication.\nIn this section—\nappropriately qualified , for appointment to conduct a dispute resolution process, means having the qualifications, experience or standing appropriate for conducting the dispute resolution process.\ns 236 sub 2003 No. 6 s 78 ; 2007 No. 11 s 23\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.236-ssec.1) The chief executive must appoint appropriately qualified persons as department conciliators and department adjudicators ( department appointees ) for conducting the dispute resolution service.\n(sec.236-ssec.2) A department appointee— is appointed under the Public Sector Act 2022 ; and may hold the office of department appointee as well as an appointment to perform another role under that Act; and is appointed for conducting the dispute resolution processes stated in the appointment for applications referred to the department appointee.\n(sec.236-ssec.3) Also, the chief executive may enter into a contract with an appropriately qualified person under which the person— agrees to provide department adjudication or department conciliation; and is appointed as a department adjudicator for conducting department adjudication, or as a department conciliator for conducting department conciliation, for applications referred to the person while the contract is in force.\n(sec.236-ssec.4) A person appointed under subsection (3) is appointed under this Act and not the Public Sector Act 2022 .\n(sec.236-ssec.5) A person may be appointed under this section for conducting both department conciliation and department adjudication. See, however, section 267 (2) .\n(sec.236-ssec.6) A person is appointed for specialist mediation, specialist conciliation or specialist adjudication, in the way provided in this chapter, only on a case by case basis. Part 7 deals with specialist mediation and conciliation and part 8 deals with specialist adjudication.\n(sec.236-ssec.7) In this section— appropriately qualified , for appointment to conduct a dispute resolution process, means having the qualifications, experience or standing appropriate for conducting the dispute resolution process.\n- (a) is appointed under the Public Sector Act 2022 ; and\n- (b) may hold the office of department appointee as well as an appointment to perform another role under that Act; and\n- (c) is appointed for conducting the dispute resolution processes stated in the appointment for applications referred to the department appointee.\n- (a) agrees to provide department adjudication or department conciliation; and\n- (b) is appointed as a department adjudicator for conducting department adjudication, or as a department conciliator for conducting department conciliation, for applications referred to the person while the contract is in force.","sortOrder":389},{"sectionNumber":"sec.237","sectionType":"section","heading":"Protection of dispute resolution officers","content":"### sec.237 Protection of dispute resolution officers\n\nIn performing functions under this chapter, a dispute resolution officer has the privileges and immunities from liability a magistrate has in exercising the jurisdiction of a Magistrates Court.\ns 237 sub 2003 No. 6 s 78","sortOrder":390},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":391},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":392},{"sectionNumber":"sec.238","sectionType":"section","heading":"Who may make an application","content":"### sec.238 Who may make an application\n\nA person, including the body corporate for a community titles scheme, may make an application if the person—\nis a party to, and is directly concerned with, a dispute to which this chapter applies; and\nother than a body corporate who makes an adjudication application for an alternative insurance order—has made reasonable attempts to resolve the dispute by internal dispute resolution.\nThis section is subject to sections 183A and 184 to 186 .\ns 238 sub 2003 No. 6 s 79 ; 2007 No. 11 s 24\namd 2011 No. 9 s 3 sch ; 2023 No. 29 s 28\n(sec.238-ssec.1) A person, including the body corporate for a community titles scheme, may make an application if the person— is a party to, and is directly concerned with, a dispute to which this chapter applies; and other than a body corporate who makes an adjudication application for an alternative insurance order—has made reasonable attempts to resolve the dispute by internal dispute resolution.\n(sec.238-ssec.2) This section is subject to sections 183A and 184 to 186 .\n- (a) is a party to, and is directly concerned with, a dispute to which this chapter applies; and\n- (b) other than a body corporate who makes an adjudication application for an alternative insurance order—has made reasonable attempts to resolve the dispute by internal dispute resolution.","sortOrder":393},{"sectionNumber":"sec.239","sectionType":"section","heading":"How to make an application","content":"### sec.239 How to make an application\n\nAn application must be—\nmade in the approved form; and\ngiven to the commissioner; and\naccompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) .\nIf the application is for an outcome affecting owners or occupiers of lots included in the scheme generally, or a particular class of the owners or occupiers, the application may identify the affected persons as the owners or occupiers generally, or by reference to the class, instead of stating the persons’ names and addresses.\nThe commissioner may waive payment of the fee mentioned in subsection (1) (c) if the commissioner is satisfied payment of the fee would cause the applicant financial hardship.\nAlso, the commissioner may waive the fee mentioned in subsection (1) (c) —\nfor a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or\nfor an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) .\ns 239 ins 2003 No. 6 s 79\nsub 2007 No. 11 s 24\n(sec.239-ssec.1) An application must be— made in the approved form; and given to the commissioner; and accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) .\n(sec.239-ssec.2) If the application is for an outcome affecting owners or occupiers of lots included in the scheme generally, or a particular class of the owners or occupiers, the application may identify the affected persons as the owners or occupiers generally, or by reference to the class, instead of stating the persons’ names and addresses.\n(sec.239-ssec.3) The commissioner may waive payment of the fee mentioned in subsection (1) (c) if the commissioner is satisfied payment of the fee would cause the applicant financial hardship.\n(sec.239-ssec.4) Also, the commissioner may waive the fee mentioned in subsection (1) (c) — for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) .\n- (a) made in the approved form; and\n- (b) given to the commissioner; and\n- (c) accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4) .\n- (a) for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241 (1) (c) (ii) ; or\n- (b) for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241 (1) (b) .","sortOrder":394},{"sectionNumber":"sec.239A","sectionType":"section","heading":"Content of approved form for conciliation application","content":"### sec.239A Content of approved form for conciliation application\n\nThe approved form for a conciliation application must provide for each of the following matters to be stated in the form—\nthe outcome sought by the application;\nthe name and address of—\nthe respondent to the application; and\nif neither paragraph (c) nor (d) applies—each affected person for the application;\nif the application is for an outcome affecting owners or occupiers of lots included in a community titles scheme generally—a statement to that effect;\nif the application is for an outcome affecting a particular class of the owners or occupiers—a sufficient identification of the affected persons for the application by reference to the class;\na brief summary of the background to the dispute;\nhow the applicant has attempted to resolve the dispute by internal dispute resolution.\ns 239A ins 2007 No. 11 s 24\n- (a) the outcome sought by the application;\n- (b) the name and address of— (i) the respondent to the application; and (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;\n- (i) the respondent to the application; and\n- (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;\n- (c) if the application is for an outcome affecting owners or occupiers of lots included in a community titles scheme generally—a statement to that effect;\n- (d) if the application is for an outcome affecting a particular class of the owners or occupiers—a sufficient identification of the affected persons for the application by reference to the class;\n- (e) a brief summary of the background to the dispute;\n- (f) how the applicant has attempted to resolve the dispute by internal dispute resolution.\n- (i) the respondent to the application; and\n- (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;","sortOrder":395},{"sectionNumber":"sec.239B","sectionType":"section","heading":"Content of approved form for adjudication application—other than applications about alternative insurance","content":"### sec.239B Content of approved form for adjudication application—other than applications about alternative insurance\n\nThe approved form for an adjudication application, other than an application for an order approving alternative insurance, must provide for each of the following matters to be stated in the form—\nthe outcome sought by the application;\nthe name and address of—\nthe respondent to the application; and\nif neither paragraph (c) nor (d) applies—each affected person for the application;\nif the application is for an outcome affecting owners or occupiers of lots included in a community titles scheme generally—a statement to that effect;\nif the application is for an outcome affecting a particular class of the owners or occupiers—a sufficient identification of the affected persons for the application by reference to the class;\nthe grounds, in detail, on which the outcome is sought;\nwhether the applicant has attempted to resolve the dispute by either or both of the following—\ninternal dispute resolution;\ndepartment conciliation.\ns 239B ins 2007 No. 11 s 24\namd 2023 No. 29 s 29\n- (a) the outcome sought by the application;\n- (b) the name and address of— (i) the respondent to the application; and (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;\n- (i) the respondent to the application; and\n- (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;\n- (c) if the application is for an outcome affecting owners or occupiers of lots included in a community titles scheme generally—a statement to that effect;\n- (d) if the application is for an outcome affecting a particular class of the owners or occupiers—a sufficient identification of the affected persons for the application by reference to the class;\n- (e) the grounds, in detail, on which the outcome is sought;\n- (f) whether the applicant has attempted to resolve the dispute by either or both of the following— (i) internal dispute resolution; (ii) department conciliation.\n- (i) internal dispute resolution;\n- (ii) department conciliation.\n- (i) the respondent to the application; and\n- (ii) if neither paragraph (c) nor (d) applies—each affected person for the application;\n- (i) internal dispute resolution;\n- (ii) department conciliation.","sortOrder":396},{"sectionNumber":"sec.239BA","sectionType":"section","heading":"Content of approved form for adjudication application about alternative insurance","content":"### sec.239BA Content of approved form for adjudication application about alternative insurance\n\nThe approved form for an adjudication application for an order approving alternative insurance must require the applicant to provide details of—\nthe alternative insurance the applicant proposes to put in place; and\nthe grounds on which the application is made.\nSection 281A states the matters an adjudicator must be satisfied of before making an order approving alternative insurance.\ns 239BA ins 2023 No. 29 s 30\n- (a) the alternative insurance the applicant proposes to put in place; and\n- (b) the grounds on which the application is made. Note— Section 281A states the matters an adjudicator must be satisfied of before making an order approving alternative insurance.","sortOrder":397},{"sectionNumber":"sec.239C","sectionType":"section","heading":"Continuation of application if standing of party changes","content":"### sec.239C Continuation of application if standing of party changes\n\nThis section applies if a party to an application stops being a relevant person for the application before it is disposed of under this chapter.\nUnless someone else is substituted as the relevant person under subsection (3) , the application continues subject to this chapter as if the party continued to be the relevant person for the application.\nIf the commissioner reasonably considers it appropriate, the commissioner may, by written notice given to each party to the application, substitute another person as the relevant person for the application.\nIt is sufficient for giving a notice to a person under subsection (3) if the notice is sent to the person’s address that is last known to the commissioner.\nIf the commissioner substitutes another person (the substitute person ) as the relevant person for the application, the commissioner must give a QCAT information notice to—\nthe applicant for the application; and\nthe substitute person.\nIf a party to a conciliation application stops being a relevant person for the application after it is made, the commissioner may allow an adjudication application for the same dispute to be made as if the party were the relevant person for the adjudication application.\nTo remove any doubt, it is declared that nothing in this section prevents—\nthe commissioner from rejecting an application under section 241 ; or\nan adjudicator from making an order dismissing an adjudication application under section 270 .\ns 239C ins 2007 No. 11 s 24\namd 2009 No. 24 s 368\n(sec.239C-ssec.1) This section applies if a party to an application stops being a relevant person for the application before it is disposed of under this chapter.\n(sec.239C-ssec.2) Unless someone else is substituted as the relevant person under subsection (3) , the application continues subject to this chapter as if the party continued to be the relevant person for the application.\n(sec.239C-ssec.3) If the commissioner reasonably considers it appropriate, the commissioner may, by written notice given to each party to the application, substitute another person as the relevant person for the application.\n(sec.239C-ssec.4) It is sufficient for giving a notice to a person under subsection (3) if the notice is sent to the person’s address that is last known to the commissioner.\n(sec.239C-ssec.5) If the commissioner substitutes another person (the substitute person ) as the relevant person for the application, the commissioner must give a QCAT information notice to— the applicant for the application; and the substitute person.\n(sec.239C-ssec.6) If a party to a conciliation application stops being a relevant person for the application after it is made, the commissioner may allow an adjudication application for the same dispute to be made as if the party were the relevant person for the adjudication application.\n(sec.239C-ssec.7) To remove any doubt, it is declared that nothing in this section prevents— the commissioner from rejecting an application under section 241 ; or an adjudicator from making an order dismissing an adjudication application under section 270 .\n- (a) the applicant for the application; and\n- (b) the substitute person.\n- (a) the commissioner from rejecting an application under section 241 ; or\n- (b) an adjudicator from making an order dismissing an adjudication application under section 270 .","sortOrder":398},{"sectionNumber":"sec.240","sectionType":"section","heading":"Further information or material for applications","content":"### sec.240 Further information or material for applications\n\nAfter receiving the application, the commissioner may require the applicant to give further information or material about the application to help the commissioner decide the further action to be taken on the application.\nThe commissioner may require the application to be amended to more accurately identify respondents to, or affected persons for, the application.\nThe commissioner may require the applicant to give the commissioner a copy of the applicant’s correspondence to the committee for the body corporate showing the applicant’s attempts to resolve the dispute by internal dispute resolution.\nA requirement under subsection (1) —\nmay require the information to be verified by statutory declaration; and\nmust state the period within which the information or material must be given to the commissioner.\ns 240 ins 2003 No. 6 s 79\namd 2007 No. 11 s 25\n(sec.240-ssec.1) After receiving the application, the commissioner may require the applicant to give further information or material about the application to help the commissioner decide the further action to be taken on the application. The commissioner may require the application to be amended to more accurately identify respondents to, or affected persons for, the application. The commissioner may require the applicant to give the commissioner a copy of the applicant’s correspondence to the committee for the body corporate showing the applicant’s attempts to resolve the dispute by internal dispute resolution.\n(sec.240-ssec.2) A requirement under subsection (1) — may require the information to be verified by statutory declaration; and must state the period within which the information or material must be given to the commissioner.\n- 1 The commissioner may require the application to be amended to more accurately identify respondents to, or affected persons for, the application.\n- 2 The commissioner may require the applicant to give the commissioner a copy of the applicant’s correspondence to the committee for the body corporate showing the applicant’s attempts to resolve the dispute by internal dispute resolution.\n- (a) may require the information to be verified by statutory declaration; and\n- (b) must state the period within which the information or material must be given to the commissioner.","sortOrder":399},{"sectionNumber":"sec.241","sectionType":"section","heading":"Rejecting application","content":"### sec.241 Rejecting application\n\nThe commissioner may reject an application if—\nthe outcome sought is not within the jurisdiction of a dispute resolution officer; or\nfor a conciliation application—the commissioner considers the dispute is not appropriate for department conciliation; or\nthe commissioner reasonably believes the applicant has not made a reasonable attempt to resolve the dispute by—\nfor a conciliation application—internal dispute resolution; or\nfor an adjudication application, other than an application for an order approving alternative insurance—internal dispute resolution or department conciliation; or\nthe applicant fails, without reasonable excuse, to comply with a practice direction made under section 233 about internal dispute resolution; or\nthe applicant fails, without reasonable excuse, to comply with a requirement of the commissioner under section 240 (1) about the application; or\nthe commissioner is satisfied—\na party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\nthe outcome sought by the application is no longer relevant or required; or\nthe subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\nthe subject of the application is a related dispute to a debt dispute.\nThe commissioner may also reject an application if—\nthe commissioner—\nreasonably considers the applicant does not wish to proceed with the application; and\nby written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and\nthe applicant—\nadvises the commissioner that the applicant does not wish to proceed; or\ndoes not respond to the notice within the period mentioned in paragraph (a) (ii) .\nTo remove any doubt, it is declared that the commissioner may accept an application that the commissioner may reject under subsection (1) (c) or (d) if the commissioner considers the acceptance appropriate in the circumstances.\nthe application is for a declaratory order, or for authorisation for emergency expenditure\nthere is a threat of violence between the parties to the application\ns 241 ins 2003 No. 6 s 79\nsub 2007 No. 11 s 26\namd 2010 No. 26 s 11 ; 2023 No. 29 s 31\n(sec.241-ssec.1) The commissioner may reject an application if— the outcome sought is not within the jurisdiction of a dispute resolution officer; or for a conciliation application—the commissioner considers the dispute is not appropriate for department conciliation; or the commissioner reasonably believes the applicant has not made a reasonable attempt to resolve the dispute by— for a conciliation application—internal dispute resolution; or for an adjudication application, other than an application for an order approving alternative insurance—internal dispute resolution or department conciliation; or the applicant fails, without reasonable excuse, to comply with a practice direction made under section 233 about internal dispute resolution; or the applicant fails, without reasonable excuse, to comply with a requirement of the commissioner under section 240 (1) about the application; or the commissioner is satisfied— a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and the outcome sought by the application is no longer relevant or required; or the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or the subject of the application is a related dispute to a debt dispute.\n(sec.241-ssec.2) The commissioner may also reject an application if— the commissioner— reasonably considers the applicant does not wish to proceed with the application; and by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and the applicant— advises the commissioner that the applicant does not wish to proceed; or does not respond to the notice within the period mentioned in paragraph (a) (ii) .\n(sec.241-ssec.3) To remove any doubt, it is declared that the commissioner may accept an application that the commissioner may reject under subsection (1) (c) or (d) if the commissioner considers the acceptance appropriate in the circumstances. the application is for a declaratory order, or for authorisation for emergency expenditure there is a threat of violence between the parties to the application\n- (a) the outcome sought is not within the jurisdiction of a dispute resolution officer; or\n- (b) for a conciliation application—the commissioner considers the dispute is not appropriate for department conciliation; or\n- (c) the commissioner reasonably believes the applicant has not made a reasonable attempt to resolve the dispute by— (i) for a conciliation application—internal dispute resolution; or (ii) for an adjudication application, other than an application for an order approving alternative insurance—internal dispute resolution or department conciliation; or\n- (i) for a conciliation application—internal dispute resolution; or\n- (ii) for an adjudication application, other than an application for an order approving alternative insurance—internal dispute resolution or department conciliation; or\n- (d) the applicant fails, without reasonable excuse, to comply with a practice direction made under section 233 about internal dispute resolution; or\n- (e) the applicant fails, without reasonable excuse, to comply with a requirement of the commissioner under section 240 (1) about the application; or\n- (f) the commissioner is satisfied— (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and (ii) the outcome sought by the application is no longer relevant or required; or\n- (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\n- (ii) the outcome sought by the application is no longer relevant or required; or\n- (g) the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\n- (h) the subject of the application is a related dispute to a debt dispute.\n- (i) for a conciliation application—internal dispute resolution; or\n- (ii) for an adjudication application, other than an application for an order approving alternative insurance—internal dispute resolution or department conciliation; or\n- (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\n- (ii) the outcome sought by the application is no longer relevant or required; or\n- (a) the commissioner— (i) reasonably considers the applicant does not wish to proceed with the application; and (ii) by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and\n- (i) reasonably considers the applicant does not wish to proceed with the application; and\n- (ii) by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and\n- (b) the applicant— (i) advises the commissioner that the applicant does not wish to proceed; or (ii) does not respond to the notice within the period mentioned in paragraph (a) (ii) .\n- (i) advises the commissioner that the applicant does not wish to proceed; or\n- (ii) does not respond to the notice within the period mentioned in paragraph (a) (ii) .\n- (i) reasonably considers the applicant does not wish to proceed with the application; and\n- (ii) by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and\n- (i) advises the commissioner that the applicant does not wish to proceed; or\n- (ii) does not respond to the notice within the period mentioned in paragraph (a) (ii) .\n- • the application is for a declaratory order, or for authorisation for emergency expenditure\n- • there is a threat of violence between the parties to the application","sortOrder":400},{"sectionNumber":"sec.241A","sectionType":"section","heading":"Applicant to be given notice of decision to reject application","content":"### sec.241A Applicant to be given notice of decision to reject application\n\nIf the commissioner decides to reject an application, the commissioner must immediately give the applicant a QCAT information notice.\ns 241A ins 2007 No. 11 s 26\namd 2009 No. 24 s 369","sortOrder":401},{"sectionNumber":"sec.242","sectionType":"section","heading":"Time limit on certain adjudication applications","content":"### sec.242 Time limit on certain adjudication applications\n\nThis section applies to an adjudication application for an order declaring void—\na meeting of the committee for the body corporate, or a general meeting of the body corporate; or\na resolution of the committee or body corporate; or\na decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or\nthe election of an executive or other member of the committee.\nThe adjudication application must be made within 3 months after—\nif subsection (1) (a) applies—the meeting; or\nif subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or\nif subsection (1) (c) applies—the day when the lot owner agreement was made; or\nif subsection (1) (d) applies—the meeting at which the executive or other member was elected.\nA person is taken to have complied with subsection (2) for a dispute if the person made a conciliation application for the same dispute within the time mentioned in the subsection for the dispute.\nHowever, if the making of the adjudication application does not comply with subsection (2) —\nthe commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and\nan adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance.\ns 242 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 27 ; 2011 No. 9 s 34\n(sec.242-ssec.1) This section applies to an adjudication application for an order declaring void— a meeting of the committee for the body corporate, or a general meeting of the body corporate; or a resolution of the committee or body corporate; or a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or the election of an executive or other member of the committee.\n(sec.242-ssec.2) The adjudication application must be made within 3 months after— if subsection (1) (a) applies—the meeting; or if subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or if subsection (1) (c) applies—the day when the lot owner agreement was made; or if subsection (1) (d) applies—the meeting at which the executive or other member was elected.\n(sec.242-ssec.3) A person is taken to have complied with subsection (2) for a dispute if the person made a conciliation application for the same dispute within the time mentioned in the subsection for the dispute.\n(sec.242-ssec.4) However, if the making of the adjudication application does not comply with subsection (2) — the commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and an adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance.\n- (a) a meeting of the committee for the body corporate, or a general meeting of the body corporate; or\n- (b) a resolution of the committee or body corporate; or\n- (c) a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or\n- (d) the election of an executive or other member of the committee.\n- (a) if subsection (1) (a) applies—the meeting; or\n- (b) if subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or\n- (c) if subsection (1) (c) applies—the day when the lot owner agreement was made; or\n- (d) if subsection (1) (d) applies—the meeting at which the executive or other member was elected.\n- (a) the commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and\n- (b) an adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance.","sortOrder":402},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Initial action on application","content":"## Initial action on application","sortOrder":403},{"sectionNumber":"sec.242A","sectionType":"section","heading":"Referral to department conciliator","content":"### sec.242A Referral to department conciliator\n\nIf the commissioner accepts a conciliation application, the commissioner must refer the application to a department conciliator for department conciliation under the provisions of this chapter applying to the conciliation.\ns 242A ins 2007 No. 11 s 28","sortOrder":404},{"sectionNumber":"sec.242B","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.242B Definition for sdiv 2\n\nIn this subdivision—\napplication means an adjudication application.\ns 242B ins 2007 No. 11 s 28","sortOrder":405},{"sectionNumber":"sec.243","sectionType":"section","heading":"Notice to particular persons","content":"### sec.243 Notice to particular persons\n\nSubject to section 243A and section 243B , the commissioner must give written notice (the original notice ) of the application to—\nthe respondent to the application; and\nthe body corporate; and\neach affected person who is not entitled to be given a copy of the notice under subsection (4) .\nThe original notice must—\ninclude a copy of the application; and\ninvite each person who is given the original notice, or a copy of it under subsection (4) , to make written submissions to the commissioner about the application within a stated time.\nThe commissioner may extend the time for making the submissions by a further notice given in the way the original notice was given, and to the persons to whom the original notice was given.\nUnless the commissioner has advised the body corporate otherwise, the body corporate must, within the shortest practicable time after receiving the original notice, give—\na copy of the original notice, including a copy of the application, to each person whose name appears on the roll as the owner of a lot included in the scheme; and\na written notice ( confirmation notice ), as required under this section, to the commissioner.\nMaximum penalty—20 penalty units.\nThe confirmation notice must—\nstate—\nthe persons to whom the body corporate gave a copy of the original notice; and\nwhen the copy was given; and\nif requested by the commissioner, be verified by statutory declaration.\ns 243 sub 2003 No. 6 s 80\namd 2007 No. 11 s 29 ; 2023 No. 29 s 32\n(sec.243-ssec.1) Subject to section 243A and section 243B , the commissioner must give written notice (the original notice ) of the application to— the respondent to the application; and the body corporate; and each affected person who is not entitled to be given a copy of the notice under subsection (4) .\n(sec.243-ssec.2) The original notice must— include a copy of the application; and invite each person who is given the original notice, or a copy of it under subsection (4) , to make written submissions to the commissioner about the application within a stated time.\n(sec.243-ssec.3) The commissioner may extend the time for making the submissions by a further notice given in the way the original notice was given, and to the persons to whom the original notice was given.\n(sec.243-ssec.4) Unless the commissioner has advised the body corporate otherwise, the body corporate must, within the shortest practicable time after receiving the original notice, give— a copy of the original notice, including a copy of the application, to each person whose name appears on the roll as the owner of a lot included in the scheme; and a written notice ( confirmation notice ), as required under this section, to the commissioner. Maximum penalty—20 penalty units.\n(sec.243-ssec.5) The confirmation notice must— state— the persons to whom the body corporate gave a copy of the original notice; and when the copy was given; and if requested by the commissioner, be verified by statutory declaration.\n- (a) the respondent to the application; and\n- (b) the body corporate; and\n- (c) each affected person who is not entitled to be given a copy of the notice under subsection (4) .\n- (a) include a copy of the application; and\n- (b) invite each person who is given the original notice, or a copy of it under subsection (4) , to make written submissions to the commissioner about the application within a stated time.\n- (a) a copy of the original notice, including a copy of the application, to each person whose name appears on the roll as the owner of a lot included in the scheme; and\n- (b) a written notice ( confirmation notice ), as required under this section, to the commissioner.\n- (a) state— (i) the persons to whom the body corporate gave a copy of the original notice; and (ii) when the copy was given; and\n- (i) the persons to whom the body corporate gave a copy of the original notice; and\n- (ii) when the copy was given; and\n- (b) if requested by the commissioner, be verified by statutory declaration.\n- (i) the persons to whom the body corporate gave a copy of the original notice; and\n- (ii) when the copy was given; and","sortOrder":406},{"sectionNumber":"sec.243A","sectionType":"section","heading":"Referral to dispute resolution officer in emergency","content":"### sec.243A Referral to dispute resolution officer in emergency\n\nThis section applies if the commissioner reasonably considers—\nan application should be immediately referred to a dispute resolution officer because it relates to emergency circumstances; and\na burst water pipe the repair or replacement cost of which exceeds the body corporate committee’s expenditure limit under the regulation module applying to the scheme\nit is not appropriate to deal with the application under section 247 .\nThe commissioner may immediately refer the application to a dispute resolution officer without giving written notice as mentioned in section 243 (1) .\ns 243A ins 2007 No. 11 s 30\n(sec.243A-ssec.1) This section applies if the commissioner reasonably considers— an application should be immediately referred to a dispute resolution officer because it relates to emergency circumstances; and a burst water pipe the repair or replacement cost of which exceeds the body corporate committee’s expenditure limit under the regulation module applying to the scheme it is not appropriate to deal with the application under section 247 .\n(sec.243A-ssec.2) The commissioner may immediately refer the application to a dispute resolution officer without giving written notice as mentioned in section 243 (1) .\n- (a) an application should be immediately referred to a dispute resolution officer because it relates to emergency circumstances; and Example of emergency circumstances— a burst water pipe the repair or replacement cost of which exceeds the body corporate committee’s expenditure limit under the regulation module applying to the scheme\n- (b) it is not appropriate to deal with the application under section 247 .","sortOrder":407},{"sectionNumber":"sec.243B","sectionType":"section","heading":"Referral to adjudicator—alternative insurance","content":"### sec.243B Referral to adjudicator—alternative insurance\n\nThis section applies if an application is an adjudication application for an alternative insurance order.\nThe commissioner may immediately refer the application to an adjudicator without giving written notice under section 243 (1) .\ns 243B ins 2023 No. 29 s 33\n(sec.243B-ssec.1) This section applies if an application is an adjudication application for an alternative insurance order.\n(sec.243B-ssec.2) The commissioner may immediately refer the application to an adjudicator without giving written notice under section 243 (1) .","sortOrder":408},{"sectionNumber":"sec.244","sectionType":"section","heading":"Notice to applicant","content":"### sec.244 Notice to applicant\n\nThis section applies if 1 or more persons are invited under section 243 (2) (b) to make submissions in response to the application.\nThe commissioner must give written notice to the applicant advising that if the applicant wishes to reply to any of the submissions, the applicant must, within the period stated in the notice—\napply to the commissioner to inspect the submissions; and\nmake a written reply.\nThe notice must state that the reply must be given to the commissioner and may only relate to issues raised by the submissions.\nThe commissioner, by written notice given to the applicant, may extend the period for making the reply.\ns 244 ins 2003 No. 6 s 81\n(sec.244-ssec.1) This section applies if 1 or more persons are invited under section 243 (2) (b) to make submissions in response to the application.\n(sec.244-ssec.2) The commissioner must give written notice to the applicant advising that if the applicant wishes to reply to any of the submissions, the applicant must, within the period stated in the notice— apply to the commissioner to inspect the submissions; and make a written reply.\n(sec.244-ssec.3) The notice must state that the reply must be given to the commissioner and may only relate to issues raised by the submissions.\n(sec.244-ssec.4) The commissioner, by written notice given to the applicant, may extend the period for making the reply.\n- (a) apply to the commissioner to inspect the submissions; and\n- (b) make a written reply.","sortOrder":409},{"sectionNumber":"sec.245","sectionType":"section","heading":"Change or withdrawal of application","content":"### sec.245 Change or withdrawal of application\n\nThe applicant may, with the commissioner’s permission, change the application at any time before the commissioner makes an initial dispute resolution recommendation under part 5 .\nThe commissioner has a discretion to give or withhold permission and, if the commissioner gives permission, the commissioner may impose conditions.\nIf the change substantially affects the nature of the application or the outcome sought, the commissioner may permit the change on conditions providing for further written notice of the amended application, on terms decided by the commissioner, to be given to the respondent, each affected person and the body corporate and allowing a further opportunity to make written submissions on the changed application.\nIf the commissioner withholds permission to change the application, or imposes conditions on the permission to change the application, the commissioner must give the applicant a QCAT information notice.\nThe application may be withdrawn by the applicant at any time before it is disposed of under this chapter.\ns 245 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 31 ; 2009 No. 24 s 370\n(sec.245-ssec.1) The applicant may, with the commissioner’s permission, change the application at any time before the commissioner makes an initial dispute resolution recommendation under part 5 .\n(sec.245-ssec.2) The commissioner has a discretion to give or withhold permission and, if the commissioner gives permission, the commissioner may impose conditions. If the change substantially affects the nature of the application or the outcome sought, the commissioner may permit the change on conditions providing for further written notice of the amended application, on terms decided by the commissioner, to be given to the respondent, each affected person and the body corporate and allowing a further opportunity to make written submissions on the changed application.\n(sec.245-ssec.3) If the commissioner withholds permission to change the application, or imposes conditions on the permission to change the application, the commissioner must give the applicant a QCAT information notice.\n(sec.245-ssec.4) The application may be withdrawn by the applicant at any time before it is disposed of under this chapter.","sortOrder":410},{"sectionNumber":"sec.246","sectionType":"section","heading":"Inspection of applications and submissions","content":"### sec.246 Inspection of applications and submissions\n\nThe commissioner must, on application by an interested person for an application—\nallow the person to inspect all or any of the following—\nthe application;\nsubmissions made about the application;\nthe applicant’s reply to the submissions; or\ngive the person copies of all or any of the documents mentioned in paragraph (a) .\nAn application under this section must be written and accompanied by the fee prescribed under a regulation.\nIn this section—\ninterested person , for an application, means—\nthe applicant, the respondent or an affected person; or\nthe body corporate or a member of its committee; or\na person who has made a submission on the application.\ns 246 sub 2003 No. 6 s 82\namd 2007 No. 11 s 32\n(sec.246-ssec.1) The commissioner must, on application by an interested person for an application— allow the person to inspect all or any of the following— the application; submissions made about the application; the applicant’s reply to the submissions; or give the person copies of all or any of the documents mentioned in paragraph (a) .\n(sec.246-ssec.2) An application under this section must be written and accompanied by the fee prescribed under a regulation.\n(sec.246-ssec.3) In this section— interested person , for an application, means— the applicant, the respondent or an affected person; or the body corporate or a member of its committee; or a person who has made a submission on the application.\n- (a) allow the person to inspect all or any of the following— (i) the application; (ii) submissions made about the application; (iii) the applicant’s reply to the submissions; or\n- (i) the application;\n- (ii) submissions made about the application;\n- (iii) the applicant’s reply to the submissions; or\n- (b) give the person copies of all or any of the documents mentioned in paragraph (a) .\n- (i) the application;\n- (ii) submissions made about the application;\n- (iii) the applicant’s reply to the submissions; or\n- (a) the applicant, the respondent or an affected person; or\n- (b) the body corporate or a member of its committee; or\n- (c) a person who has made a submission on the application.","sortOrder":411},{"sectionNumber":"sec.247","sectionType":"section","heading":"Referral of application for interim order","content":"### sec.247 Referral of application for interim order\n\nThis section applies if the commissioner reasonably considers that an application for an interim order should be referred to a conciliator or an adjudicator because of the nature or urgency of the circumstances to which the application relates.\nThe commissioner may refer the application to—\na department conciliator for department conciliation; or\nan adjudicator for adjudication under this chapter.\nThe referral may be made even though—\nnotice of the application has not been given under section 243 ; or\nall persons entitled, under that section, to make submissions about the application have not had an opportunity to make submissions.\ns 247 amd 2003 No. 6 s 3 sch\nsub 2007 No. 11 s 33\n(sec.247-ssec.1) This section applies if the commissioner reasonably considers that an application for an interim order should be referred to a conciliator or an adjudicator because of the nature or urgency of the circumstances to which the application relates.\n(sec.247-ssec.2) The commissioner may refer the application to— a department conciliator for department conciliation; or an adjudicator for adjudication under this chapter.\n(sec.247-ssec.3) The referral may be made even though— notice of the application has not been given under section 243 ; or all persons entitled, under that section, to make submissions about the application have not had an opportunity to make submissions.\n- (a) a department conciliator for department conciliation; or\n- (b) an adjudicator for adjudication under this chapter.\n- (a) notice of the application has not been given under section 243 ; or\n- (b) all persons entitled, under that section, to make submissions about the application have not had an opportunity to make submissions.","sortOrder":412},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Dispute resolution recommendations","content":"# Dispute resolution recommendations","sortOrder":413},{"sectionNumber":"sec.248","sectionType":"section","heading":"Dispute resolution recommendation","content":"### sec.248 Dispute resolution recommendation\n\nThe commissioner may make 1 or more dispute resolution recommendations for an application after the application is made and before it is resolved by a dispute resolution process.\nHowever, the commissioner must not make a dispute resolution recommendation after the commissioner refers the application to a dispute resolution officer, unless the dispute resolution officer refers the application back to the commissioner.\nA dispute resolution recommendation must be for 1 of the following dispute resolution processes—\ndepartment conciliation;\ndispute resolution centre mediation;\nspecialist mediation;\nspecialist conciliation;\ndepartment adjudication;\nspecialist adjudication.\nIf the commissioner has made a dispute resolution recommendation for the application, a further recommendation may be that the application be the subject of the same type of dispute resolution process or a different type.\nIf an application for an interim order has been referred back to the commissioner under section 279 (4) , the commissioner may make a dispute resolution recommendation that the application be the subject of department conciliation without giving written notice as mentioned in section 243 (1) .\ns 248 sub 2003 No. 6 s 83\namd 2007 No. 11 s 34\n(sec.248-ssec.1) The commissioner may make 1 or more dispute resolution recommendations for an application after the application is made and before it is resolved by a dispute resolution process.\n(sec.248-ssec.2) However, the commissioner must not make a dispute resolution recommendation after the commissioner refers the application to a dispute resolution officer, unless the dispute resolution officer refers the application back to the commissioner.\n(sec.248-ssec.3) A dispute resolution recommendation must be for 1 of the following dispute resolution processes— department conciliation; dispute resolution centre mediation; specialist mediation; specialist conciliation; department adjudication; specialist adjudication.\n(sec.248-ssec.4) If the commissioner has made a dispute resolution recommendation for the application, a further recommendation may be that the application be the subject of the same type of dispute resolution process or a different type.\n(sec.248-ssec.5) If an application for an interim order has been referred back to the commissioner under section 279 (4) , the commissioner may make a dispute resolution recommendation that the application be the subject of department conciliation without giving written notice as mentioned in section 243 (1) .\n- (a) department conciliation;\n- (b) dispute resolution centre mediation;\n- (c) specialist mediation;\n- (d) specialist conciliation;\n- (e) department adjudication;\n- (f) specialist adjudication.","sortOrder":414},{"sectionNumber":"sec.249","sectionType":"section","heading":"Restriction on who may conduct further dispute resolution process","content":"### sec.249 Restriction on who may conduct further dispute resolution process\n\nThis section applies if—\nthe initial dispute resolution process for an application was specialist conciliation; and\na further dispute resolution recommendation is that the application be the subject of department or specialist adjudication; and\nthe person who conducted the conciliation is an adjudicator.\nThe adjudicator may be the same person who conducted the conciliation, if, at the end of the conciliation, all parties to the application consent to the person being the adjudicator.\ns 249 sub 2003 No. 6 s 83\n(sec.249-ssec.1) This section applies if— the initial dispute resolution process for an application was specialist conciliation; and a further dispute resolution recommendation is that the application be the subject of department or specialist adjudication; and the person who conducted the conciliation is an adjudicator.\n(sec.249-ssec.2) The adjudicator may be the same person who conducted the conciliation, if, at the end of the conciliation, all parties to the application consent to the person being the adjudicator.\n- (a) the initial dispute resolution process for an application was specialist conciliation; and\n- (b) a further dispute resolution recommendation is that the application be the subject of department or specialist adjudication; and\n- (c) the person who conducted the conciliation is an adjudicator.","sortOrder":415},{"sectionNumber":"sec.250","sectionType":"section","heading":"Dismissing application","content":"### sec.250 Dismissing application\n\nInstead of making a dispute resolution recommendation for an application, the commissioner may dismiss the application.\nThe commissioner may dismiss the application only if the commissioner is satisfied that the dispute should be dealt with in a court or tribunal of competent jurisdiction.\nAlso, for an adjudication application, the commissioner may dismiss the application if—\nthe application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and\nthe parties to the application agree that the dispute be dealt with by the alternative process; and\nthe commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process.\nIf the commissioner dismisses the application, the commissioner must give each party to the application a certificate in the approved form evidencing the dismissal.\nIn this section—\nalternative process , for a dispute, means—\na process of a court or tribunal having jurisdiction to deal with the dispute; or\nanother process capable of dealing with the dispute and binding the parties.\ns 250 amd 2003 No. 6 s 84 ; 2007 No. 11 s 35\n(sec.250-ssec.1) Instead of making a dispute resolution recommendation for an application, the commissioner may dismiss the application.\n(sec.250-ssec.2) The commissioner may dismiss the application only if the commissioner is satisfied that the dispute should be dealt with in a court or tribunal of competent jurisdiction.\n(sec.250-ssec.3) Also, for an adjudication application, the commissioner may dismiss the application if— the application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and the parties to the application agree that the dispute be dealt with by the alternative process; and the commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process.\n(sec.250-ssec.4) If the commissioner dismisses the application, the commissioner must give each party to the application a certificate in the approved form evidencing the dismissal.\n(sec.250-ssec.5) In this section— alternative process , for a dispute, means— a process of a court or tribunal having jurisdiction to deal with the dispute; or another process capable of dealing with the dispute and binding the parties.\n- (a) the application is accompanied by an explanation why the dispute the subject of the application should be dealt with by a stated alternative process; and\n- (b) the parties to the application agree that the dispute be dealt with by the alternative process; and\n- (c) the commissioner is satisfied, having regard to the nature of the dispute, that the dispute may be dealt with by the alternative process.\n- (a) a process of a court or tribunal having jurisdiction to deal with the dispute; or\n- (b) another process capable of dealing with the dispute and binding the parties.","sortOrder":416},{"sectionNumber":"sec.251","sectionType":"section","heading":"Preparation for making a dispute resolution recommendation","content":"### sec.251 Preparation for making a dispute resolution recommendation\n\nBefore deciding on a dispute resolution recommendation for an application, or dismissing an application, the commissioner may seek the views of each interested person, to the extent the commissioner considers appropriate.\nAlso, before deciding on a dispute resolution recommendation for the application, or dismissing the application, the commissioner may do all or any of the following—\nrequire an interested person to obtain, and give to the commissioner, a report or other information;\nan engineering report\ninterview persons the commissioner considers may be able to help in resolving issues raised by the application;\ninspect, or enter and inspect—\na body corporate asset or record or other document of the body corporate; or\ncommon property (including common property the subject of an exclusive use by-law); or\na lot included in the scheme.\nAction the commissioner takes under subsections (1) and (2) must be for the purpose only of deciding—\non the dispute resolution recommendation the commissioner considers to be most likely to promote a quick and efficient resolution for the application; or\nwhether to dismiss the application.\nIf a place to be entered under subsection (2) (c) is occupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the occupier of the time when the commissioner wishes to enter the place.\nIf a place to be entered under subsection (2) (c) is unoccupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the owner of the time when the commissioner wishes to enter the place.\nThe body corporate or someone else who has access to the body corporate’s records must, if asked by the commissioner and without payment of a fee, do either or both of the following—\nallow the commissioner access to the records within 24 hours after the request is made;\ngive the commissioner copies of the records or allow the commissioner to make the copies.\nMaximum penalty—20 penalty units.\nA person who fails to comply with a requirement under subsection (2) (a) , or obstructs the commissioner in exercising a power under this section, commits an offence unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for a person not to comply with a requirement mentioned in subsection (7) to give information or a document, if giving the information or document might tend to incriminate the person.\nIn this section—\ninterested person means—\na party to the application; or\nan affected person; or\nthe body corporate.\ns 251 amd 2003 No. 6 s 85 ; 2007 No. 11 s 36\n(sec.251-ssec.1) Before deciding on a dispute resolution recommendation for an application, or dismissing an application, the commissioner may seek the views of each interested person, to the extent the commissioner considers appropriate.\n(sec.251-ssec.2) Also, before deciding on a dispute resolution recommendation for the application, or dismissing the application, the commissioner may do all or any of the following— require an interested person to obtain, and give to the commissioner, a report or other information; an engineering report interview persons the commissioner considers may be able to help in resolving issues raised by the application; inspect, or enter and inspect— a body corporate asset or record or other document of the body corporate; or common property (including common property the subject of an exclusive use by-law); or a lot included in the scheme.\n(sec.251-ssec.3) Action the commissioner takes under subsections (1) and (2) must be for the purpose only of deciding— on the dispute resolution recommendation the commissioner considers to be most likely to promote a quick and efficient resolution for the application; or whether to dismiss the application.\n(sec.251-ssec.4) If a place to be entered under subsection (2) (c) is occupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the occupier of the time when the commissioner wishes to enter the place.\n(sec.251-ssec.5) If a place to be entered under subsection (2) (c) is unoccupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the owner of the time when the commissioner wishes to enter the place.\n(sec.251-ssec.6) The body corporate or someone else who has access to the body corporate’s records must, if asked by the commissioner and without payment of a fee, do either or both of the following— allow the commissioner access to the records within 24 hours after the request is made; give the commissioner copies of the records or allow the commissioner to make the copies. Maximum penalty—20 penalty units.\n(sec.251-ssec.7) A person who fails to comply with a requirement under subsection (2) (a) , or obstructs the commissioner in exercising a power under this section, commits an offence unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.251-ssec.8) It is a reasonable excuse for a person not to comply with a requirement mentioned in subsection (7) to give information or a document, if giving the information or document might tend to incriminate the person.\n(sec.251-ssec.9) In this section— interested person means— a party to the application; or an affected person; or the body corporate.\n- (a) require an interested person to obtain, and give to the commissioner, a report or other information; Example— an engineering report\n- (b) interview persons the commissioner considers may be able to help in resolving issues raised by the application;\n- (c) inspect, or enter and inspect— (i) a body corporate asset or record or other document of the body corporate; or (ii) common property (including common property the subject of an exclusive use by-law); or (iii) a lot included in the scheme.\n- (i) a body corporate asset or record or other document of the body corporate; or\n- (ii) common property (including common property the subject of an exclusive use by-law); or\n- (iii) a lot included in the scheme.\n- (i) a body corporate asset or record or other document of the body corporate; or\n- (ii) common property (including common property the subject of an exclusive use by-law); or\n- (iii) a lot included in the scheme.\n- (a) on the dispute resolution recommendation the commissioner considers to be most likely to promote a quick and efficient resolution for the application; or\n- (b) whether to dismiss the application.\n- (a) allow the commissioner access to the records within 24 hours after the request is made;\n- (b) give the commissioner copies of the records or allow the commissioner to make the copies.\n- (a) a party to the application; or\n- (b) an affected person; or\n- (c) the body corporate.","sortOrder":417},{"sectionNumber":"sec.252","sectionType":"section","heading":"Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication","content":"### sec.252 Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication\n\nThe commissioner may make a recommendation that an application be the subject of specialist mediation, specialist conciliation or specialist adjudication if the commissioner may make the recommendation under the conditions applying under this chapter to the making of the recommendation.\nHowever, the commissioner must make the recommendation if—\nthe parties ask for it to be made; and\nthe commissioner may make it under the conditions applying under this chapter to the making of the recommendation.\ns 252 sub 2003 No. 6 s 86\n(sec.252-ssec.1) The commissioner may make a recommendation that an application be the subject of specialist mediation, specialist conciliation or specialist adjudication if the commissioner may make the recommendation under the conditions applying under this chapter to the making of the recommendation.\n(sec.252-ssec.2) However, the commissioner must make the recommendation if— the parties ask for it to be made; and the commissioner may make it under the conditions applying under this chapter to the making of the recommendation.\n- (a) the parties ask for it to be made; and\n- (b) the commissioner may make it under the conditions applying under this chapter to the making of the recommendation.","sortOrder":418},{"sectionNumber":"ch.6-pt.5A","sectionType":"part","heading":"Department conciliation","content":"# Department conciliation","sortOrder":419},{"sectionNumber":"sec.252A","sectionType":"section","heading":"Purpose of pt 5A","content":"### sec.252A Purpose of pt 5A\n\nThe purpose of this part is to provide for department conciliation to resolve disputes as quickly and with as little formality and technicality as possible.\ns 252A ins 2007 No. 11 s 37","sortOrder":420},{"sectionNumber":"sec.252B","sectionType":"section","heading":"Functions of department conciliator","content":"### sec.252B Functions of department conciliator\n\nThe functions of a department conciliator are—\nto encourage the settlement of disputes by facilitating and helping the conduct of negotiations between parties to applications; and\nto promote the parties’ open exchange of information relevant to the dispute; and\nto give the parties information about the operation of this Act relevant to the dispute; and\nto help in the settlement of the dispute in any other way.\ns 252B ins 2007 No. 11 s 37\n- (a) to encourage the settlement of disputes by facilitating and helping the conduct of negotiations between parties to applications; and\n- (b) to promote the parties’ open exchange of information relevant to the dispute; and\n- (c) to give the parties information about the operation of this Act relevant to the dispute; and\n- (d) to help in the settlement of the dispute in any other way.","sortOrder":421},{"sectionNumber":"sec.252C","sectionType":"section","heading":"Referral to department conciliator","content":"### sec.252C Referral to department conciliator\n\nThis section applies if the commissioner—\ndecides under section 247 to refer an adjudication application to a department conciliator for department conciliation; or\nmakes a recommendation under section 248 that an adjudication application be the subject of department conciliation.\nThe commissioner must refer the application to a department conciliator as soon as practicable after making the decision or recommendation.\ns 252C ins 2007 No. 11 s 37\n(sec.252C-ssec.1) This section applies if the commissioner— decides under section 247 to refer an adjudication application to a department conciliator for department conciliation; or makes a recommendation under section 248 that an adjudication application be the subject of department conciliation.\n(sec.252C-ssec.2) The commissioner must refer the application to a department conciliator as soon as practicable after making the decision or recommendation.\n- (a) decides under section 247 to refer an adjudication application to a department conciliator for department conciliation; or\n- (b) makes a recommendation under section 248 that an adjudication application be the subject of department conciliation.","sortOrder":422},{"sectionNumber":"sec.252D","sectionType":"section","heading":"Starting department conciliation session","content":"### sec.252D Starting department conciliation session\n\nThis section applies to a department conciliator to whom—\na conciliation application is referred under section 242A ; or\nan adjudication application is referred under section 247 or 248 .\nSubject to subsection (3) , the department conciliator must start the department conciliation session as soon as practicable after the referral.\nIf the application is a conciliation application that was not accompanied by a fee required under section 239 (1) (c) , the department conciliator may delay starting the conciliation session until the fee is paid.\ns 252D ins 2007 No. 11 s 37\n(sec.252D-ssec.1) This section applies to a department conciliator to whom— a conciliation application is referred under section 242A ; or an adjudication application is referred under section 247 or 248 .\n(sec.252D-ssec.2) Subject to subsection (3) , the department conciliator must start the department conciliation session as soon as practicable after the referral.\n(sec.252D-ssec.3) If the application is a conciliation application that was not accompanied by a fee required under section 239 (1) (c) , the department conciliator may delay starting the conciliation session until the fee is paid.\n- (a) a conciliation application is referred under section 242A ; or\n- (b) an adjudication application is referred under section 247 or 248 .","sortOrder":423},{"sectionNumber":"sec.252E","sectionType":"section","heading":"Conduct of department conciliation session","content":"### sec.252E Conduct of department conciliation session\n\nThe department conciliation session must be conducted—\nin the way the department conciliator considers appropriate; and\nas quickly and with as little formality and technicality as possible.\nThe department conciliator, as the department conciliator considers appropriate, may accept written material from any person and distribute written material to any person for the purpose of the conciliation.\nA person who is not a party to the application may attend and take part in the department conciliation session if the department conciliator is satisfied the person may help to resolve the dispute.\nA person may use an interpreter in a department conciliation session.\nEvidence of anything said or done about the dispute in a department conciliation session is inadmissible in a proceeding.\nA department conciliation session may be terminated at any time by the department conciliator.\ns 252E ins 2007 No. 11 s 37\n(sec.252E-ssec.1) The department conciliation session must be conducted— in the way the department conciliator considers appropriate; and as quickly and with as little formality and technicality as possible.\n(sec.252E-ssec.2) The department conciliator, as the department conciliator considers appropriate, may accept written material from any person and distribute written material to any person for the purpose of the conciliation.\n(sec.252E-ssec.3) A person who is not a party to the application may attend and take part in the department conciliation session if the department conciliator is satisfied the person may help to resolve the dispute.\n(sec.252E-ssec.4) A person may use an interpreter in a department conciliation session.\n(sec.252E-ssec.5) Evidence of anything said or done about the dispute in a department conciliation session is inadmissible in a proceeding.\n(sec.252E-ssec.6) A department conciliation session may be terminated at any time by the department conciliator.\n- (a) in the way the department conciliator considers appropriate; and\n- (b) as quickly and with as little formality and technicality as possible.","sortOrder":424},{"sectionNumber":"sec.252F","sectionType":"section","heading":"Representation by agent","content":"### sec.252F Representation by agent\n\nA party to the application may be represented by an agent at the department conciliation session if the department conciliator approves and is satisfied an agent should be permitted to help the conciliation process.\nSubsection (1) does not stop the following from representing the party mentioned—\nif the party is a corporation under the Corporations Act —an officer of the corporation;\nif the party is the body corporate for the community titles scheme—not more than 2 individuals, each of whom is an owner of a lot included in the community titles scheme or a committee voting member;\nif the party is a corporate entity not mentioned in paragraph (a) or (b) —an agent appointed by the entity.\nThe approval may be given without conditions or on the conditions the department conciliator considers reasonable to ensure no other party to the application is unfairly disadvantaged by the agent appearing at the session.\nIf the approval is given on conditions, the party’s entitlement to be represented by an agent is subject to the agent complying with the conditions.\ns 252F ins 2007 No. 11 s 37\n(sec.252F-ssec.1) A party to the application may be represented by an agent at the department conciliation session if the department conciliator approves and is satisfied an agent should be permitted to help the conciliation process.\n(sec.252F-ssec.2) Subsection (1) does not stop the following from representing the party mentioned— if the party is a corporation under the Corporations Act —an officer of the corporation; if the party is the body corporate for the community titles scheme—not more than 2 individuals, each of whom is an owner of a lot included in the community titles scheme or a committee voting member; if the party is a corporate entity not mentioned in paragraph (a) or (b) —an agent appointed by the entity.\n(sec.252F-ssec.3) The approval may be given without conditions or on the conditions the department conciliator considers reasonable to ensure no other party to the application is unfairly disadvantaged by the agent appearing at the session.\n(sec.252F-ssec.4) If the approval is given on conditions, the party’s entitlement to be represented by an agent is subject to the agent complying with the conditions.\n- (a) if the party is a corporation under the Corporations Act —an officer of the corporation;\n- (b) if the party is the body corporate for the community titles scheme—not more than 2 individuals, each of whom is an owner of a lot included in the community titles scheme or a committee voting member;\n- (c) if the party is a corporate entity not mentioned in paragraph (a) or (b) —an agent appointed by the entity.","sortOrder":425},{"sectionNumber":"sec.252G","sectionType":"section","heading":"Further provision about representation by committee voting member as agent","content":"### sec.252G Further provision about representation by committee voting member as agent\n\nIf the body corporate for the community titles scheme is a party to the application, a committee voting member may be appointed as an agent for the body corporate if authorised in writing by a majority of the committee voting members.\nThe regulation module applying to the scheme, to the extent it provides for a procedure for making the appointment, does not apply to the appointment.\nIn acting as agent for the body corporate, the committee voting member may do anything the committee may do under the regulation module, unless the doing of the thing is limited or prohibited by the committee voting member’s authorisation.\nThis section does not apply if representation of the body corporate by an agent is a restricted issue for the committee under the regulation module applying to the scheme.\ns 252G ins 2007 No. 11 s 37\n(sec.252G-ssec.1) If the body corporate for the community titles scheme is a party to the application, a committee voting member may be appointed as an agent for the body corporate if authorised in writing by a majority of the committee voting members.\n(sec.252G-ssec.2) The regulation module applying to the scheme, to the extent it provides for a procedure for making the appointment, does not apply to the appointment.\n(sec.252G-ssec.3) In acting as agent for the body corporate, the committee voting member may do anything the committee may do under the regulation module, unless the doing of the thing is limited or prohibited by the committee voting member’s authorisation.\n(sec.252G-ssec.4) This section does not apply if representation of the body corporate by an agent is a restricted issue for the committee under the regulation module applying to the scheme.","sortOrder":426},{"sectionNumber":"sec.252H","sectionType":"section","heading":"Referral back to commissioner","content":"### sec.252H Referral back to commissioner\n\nThe department conciliator must refer the application back to the commissioner if the conciliator considers there is no further action the conciliator can take in the department conciliation session because, for example—\na party to the application does not make reasonable attempts to participate in the session; or\na party to the application does not attend or withdraws from the session; or\nno agreement is reached at the session; or\nagreement is reached at the session; or\nthe department conciliator reasonably believes the matter is not appropriate for department conciliation; or\nthe subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\nthe subject of the application is a related dispute to a debt dispute.\nIn referring the application back to the commissioner under subsection (1) , the department conciliator must inform the commissioner of the reason for the referral.\nThe department conciliator must give the applicant a certificate signed by the conciliator stating—\nthat the application has been referred back to the commissioner; and\nthe reason for the referral.\ns 252H ins 2007 No. 11 s 37\namd 2010 No. 26 s 12 ; 2023 No. 29 s 34\n(sec.252H-ssec.1) The department conciliator must refer the application back to the commissioner if the conciliator considers there is no further action the conciliator can take in the department conciliation session because, for example— a party to the application does not make reasonable attempts to participate in the session; or a party to the application does not attend or withdraws from the session; or no agreement is reached at the session; or agreement is reached at the session; or the department conciliator reasonably believes the matter is not appropriate for department conciliation; or the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or the subject of the application is a related dispute to a debt dispute.\n(sec.252H-ssec.2) In referring the application back to the commissioner under subsection (1) , the department conciliator must inform the commissioner of the reason for the referral.\n(sec.252H-ssec.3) The department conciliator must give the applicant a certificate signed by the conciliator stating— that the application has been referred back to the commissioner; and the reason for the referral.\n- (a) a party to the application does not make reasonable attempts to participate in the session; or\n- (b) a party to the application does not attend or withdraws from the session; or\n- (c) no agreement is reached at the session; or\n- (d) agreement is reached at the session; or\n- (e) the department conciliator reasonably believes the matter is not appropriate for department conciliation; or\n- (f) the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\n- (g) the subject of the application is a related dispute to a debt dispute.\n- (a) that the application has been referred back to the commissioner; and\n- (b) the reason for the referral.","sortOrder":427},{"sectionNumber":"sec.252I","sectionType":"section","heading":"Agreement reached at department conciliation session","content":"### sec.252I Agreement reached at department conciliation session\n\nAn agreement reached at the department conciliation session must be written and signed by each party to the application and the department conciliator.\nThe department conciliator must give a copy of the signed agreement to—\neach party to the application; and\nthe commissioner.\nIf there is an inconsistency between the agreement and this Act, the agreement is ineffective to the extent of the inconsistency.\nSubject to section 252J (2) , if each party to the application consents, the department conciliator must refer the agreement to the commissioner for referral to an adjudicator for a consent order.\nIf the agreement is referred to the commissioner under subsection (4) , the commissioner must refer it to an adjudicator for a consent order under section 276 (5) .\ns 252I ins 2007 No. 11 s 37\n(sec.252I-ssec.1) An agreement reached at the department conciliation session must be written and signed by each party to the application and the department conciliator.\n(sec.252I-ssec.2) The department conciliator must give a copy of the signed agreement to— each party to the application; and the commissioner.\n(sec.252I-ssec.3) If there is an inconsistency between the agreement and this Act, the agreement is ineffective to the extent of the inconsistency.\n(sec.252I-ssec.4) Subject to section 252J (2) , if each party to the application consents, the department conciliator must refer the agreement to the commissioner for referral to an adjudicator for a consent order.\n(sec.252I-ssec.5) If the agreement is referred to the commissioner under subsection (4) , the commissioner must refer it to an adjudicator for a consent order under section 276 (5) .\n- (a) each party to the application; and\n- (b) the commissioner.","sortOrder":428},{"sectionNumber":"sec.252J","sectionType":"section","heading":"Particular agreements require committee ratification etc. before referral to commissioner","content":"### sec.252J Particular agreements require committee ratification etc. before referral to commissioner\n\nThis section applies if—\nan agreement reached at the department conciliation session is signed by a committee voting member appointed as agent for the body corporate for the community titles scheme under section 252G (1) ; and\neach party to the application consents to the agreement being referred to an adjudicator for a consent order.\nThe agreement may be referred to the commissioner under section 252I (4) only if, within 30 days after the agreement is made, the body corporate gives the department conciliator written notice stating that the committee—\nhas ratified the agreement; and\nhas given a copy of the agreement to each lot owner; and\nhas not received a notice of opposition to the agreement.\nIn this section—\nnotice of opposition , to the agreement, means a notice opposing the agreement signed by or for the owners of at least one-half of the lots included in the scheme.\ns 252J ins 2007 No. 11 s 37\n(sec.252J-ssec.1) This section applies if— an agreement reached at the department conciliation session is signed by a committee voting member appointed as agent for the body corporate for the community titles scheme under section 252G (1) ; and each party to the application consents to the agreement being referred to an adjudicator for a consent order.\n(sec.252J-ssec.2) The agreement may be referred to the commissioner under section 252I (4) only if, within 30 days after the agreement is made, the body corporate gives the department conciliator written notice stating that the committee— has ratified the agreement; and has given a copy of the agreement to each lot owner; and has not received a notice of opposition to the agreement.\n(sec.252J-ssec.3) In this section— notice of opposition , to the agreement, means a notice opposing the agreement signed by or for the owners of at least one-half of the lots included in the scheme.\n- (a) an agreement reached at the department conciliation session is signed by a committee voting member appointed as agent for the body corporate for the community titles scheme under section 252G (1) ; and\n- (b) each party to the application consents to the agreement being referred to an adjudicator for a consent order.\n- (a) has ratified the agreement; and\n- (b) has given a copy of the agreement to each lot owner; and\n- (c) has not received a notice of opposition to the agreement.","sortOrder":429},{"sectionNumber":"sec.252K","sectionType":"section","heading":"Ending department conciliation","content":"### sec.252K Ending department conciliation\n\nIf an application is referred to the commissioner under section 252H (1) , the commissioner must, by written notice given to the applicant, end the department conciliation.\nThe notice must state that the department conciliation has ended and the day on which it ended.\ns 252K ins 2007 No. 11 s 37\n(sec.252K-ssec.1) If an application is referred to the commissioner under section 252H (1) , the commissioner must, by written notice given to the applicant, end the department conciliation.\n(sec.252K-ssec.2) The notice must state that the department conciliation has ended and the day on which it ended.","sortOrder":430},{"sectionNumber":"sec.252L","sectionType":"section","heading":"Confidentiality","content":"### sec.252L Confidentiality\n\nThis section applies to a person who—\nis, or has been, a department conciliator; and\nin that capacity acquired information under this part about someone else.\nThe person must not disclose the information to anyone else.\nMaximum penalty—20 penalty units.\nSubsection (2) does not apply to the disclosure of information about a person—\nwith the person’s consent; or\nfor statistical purposes, if the disclosure is made to a public service employee in the department and does not reveal the identity of the person; or\nfor the purpose of the department conciliation session during which the information was obtained; or\nif the disclosure is reasonably necessary because there is a serious threat to personal property or safety; or\nfor an investigation or proceeding for an offence against this Act; or\nif the disclosure or giving of access is otherwise required under an Act.\ns 252L ins 2007 No. 11 s 37\n(sec.252L-ssec.1) This section applies to a person who— is, or has been, a department conciliator; and in that capacity acquired information under this part about someone else.\n(sec.252L-ssec.2) The person must not disclose the information to anyone else. Maximum penalty—20 penalty units.\n(sec.252L-ssec.3) Subsection (2) does not apply to the disclosure of information about a person— with the person’s consent; or for statistical purposes, if the disclosure is made to a public service employee in the department and does not reveal the identity of the person; or for the purpose of the department conciliation session during which the information was obtained; or if the disclosure is reasonably necessary because there is a serious threat to personal property or safety; or for an investigation or proceeding for an offence against this Act; or if the disclosure or giving of access is otherwise required under an Act.\n- (a) is, or has been, a department conciliator; and\n- (b) in that capacity acquired information under this part about someone else.\n- (a) with the person’s consent; or\n- (b) for statistical purposes, if the disclosure is made to a public service employee in the department and does not reveal the identity of the person; or\n- (c) for the purpose of the department conciliation session during which the information was obtained; or\n- (d) if the disclosure is reasonably necessary because there is a serious threat to personal property or safety; or\n- (e) for an investigation or proceeding for an offence against this Act; or\n- (f) if the disclosure or giving of access is otherwise required under an Act.","sortOrder":431},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Dispute resolution centre mediation","content":"# Dispute resolution centre mediation","sortOrder":432},{"sectionNumber":"sec.253","sectionType":"section","heading":"Purpose of pt 6","content":"### sec.253 Purpose of pt 6\n\nThe purpose of this part is to provide for what happens if the commissioner, in making a dispute resolution recommendation for an application, recommends that the application be the subject of dispute resolution centre mediation.\ns 253 amd 2003 No. 6 s 3 sch","sortOrder":433},{"sectionNumber":"sec.254","sectionType":"section","heading":"Referral to dispute resolution centre","content":"### sec.254 Referral to dispute resolution centre\n\nAs soon as practicable after making a recommendation that the application be the subject of dispute resolution centre mediation, the commissioner must refer the application to the director of—\nthe dispute resolution centre located closest to the scheme land; or\nif it appears to the commissioner that the parties to the application agree that another dispute resolution centre is preferred—the other dispute resolution centre.\nThe application is taken to be a dispute accepted for mediation by the director of the dispute resolution centre under the Dispute Resolution Centres Act 1990 .\nNevertheless, in referring the application to the director, the commissioner must comply to the greatest practicable extent with the procedures applying under the Dispute Resolution Centres Act 1990 for commencing a mediation session.\nEvidence of anything said or done in a dispute resolution centre mediation session is inadmissible in a proceeding.\n(sec.254-ssec.1) As soon as practicable after making a recommendation that the application be the subject of dispute resolution centre mediation, the commissioner must refer the application to the director of— the dispute resolution centre located closest to the scheme land; or if it appears to the commissioner that the parties to the application agree that another dispute resolution centre is preferred—the other dispute resolution centre.\n(sec.254-ssec.2) The application is taken to be a dispute accepted for mediation by the director of the dispute resolution centre under the Dispute Resolution Centres Act 1990 .\n(sec.254-ssec.3) Nevertheless, in referring the application to the director, the commissioner must comply to the greatest practicable extent with the procedures applying under the Dispute Resolution Centres Act 1990 for commencing a mediation session.\n(sec.254-ssec.4) Evidence of anything said or done in a dispute resolution centre mediation session is inadmissible in a proceeding.\n- (a) the dispute resolution centre located closest to the scheme land; or\n- (b) if it appears to the commissioner that the parties to the application agree that another dispute resolution centre is preferred—the other dispute resolution centre.","sortOrder":434},{"sectionNumber":"sec.255","sectionType":"section","heading":"Referral back to the commissioner","content":"### sec.255 Referral back to the commissioner\n\nThe director of the dispute resolution centre must refer the application back to the commissioner if there is no further action that may be taken under the Dispute Resolution Centres Act 1990 in relation to the dispute the subject of the application, because, for example—\nthere is a mediation session for the dispute, but a party withdraws from the session; or\nthere is a mediation session but no agreement is reached at the session; or\nthere is a mediation session and agreement is reached at the session.\nIn referring the application back to the commissioner, the director merely advises the commissioner that the director’s action under the Dispute Resolution Centres Act 1990 has been completed.\ns 255 amd 2003 No. 6 s 3 sch\n(sec.255-ssec.1) The director of the dispute resolution centre must refer the application back to the commissioner if there is no further action that may be taken under the Dispute Resolution Centres Act 1990 in relation to the dispute the subject of the application, because, for example— there is a mediation session for the dispute, but a party withdraws from the session; or there is a mediation session but no agreement is reached at the session; or there is a mediation session and agreement is reached at the session.\n(sec.255-ssec.2) In referring the application back to the commissioner, the director merely advises the commissioner that the director’s action under the Dispute Resolution Centres Act 1990 has been completed.\n- (a) there is a mediation session for the dispute, but a party withdraws from the session; or\n- (b) there is a mediation session but no agreement is reached at the session; or\n- (c) there is a mediation session and agreement is reached at the session.","sortOrder":435},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Specialist mediation and conciliation","content":"# Specialist mediation and conciliation","sortOrder":436},{"sectionNumber":"sec.256","sectionType":"section","heading":"Purpose of pt 7","content":"### sec.256 Purpose of pt 7\n\nThe purpose of this part is to provide for—\nthe conditions under which the commissioner may make a dispute resolution recommendation that an application be the subject of—\nspecialist mediation; or\nspecialist conciliation; and\nwhat happens if the commissioner recommends the application be the subject of the dispute resolution process.\ns 256 sub 2003 No. 6 s 87\n- (a) the conditions under which the commissioner may make a dispute resolution recommendation that an application be the subject of— (i) specialist mediation; or (ii) specialist conciliation; and\n- (i) specialist mediation; or\n- (ii) specialist conciliation; and\n- (b) what happens if the commissioner recommends the application be the subject of the dispute resolution process.\n- (i) specialist mediation; or\n- (ii) specialist conciliation; and","sortOrder":437},{"sectionNumber":"sec.257","sectionType":"section","heading":"Conditions for recommending specialist mediation or conciliation","content":"### sec.257 Conditions for recommending specialist mediation or conciliation\n\nThe commissioner may recommend an application be the subject of specialist mediation or specialist conciliation if—\nthe parties to the application agree on a person who is to be the dispute resolution officer for the application; and\nthe commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as the dispute resolution officer for the application; and\nthe parties and the dispute resolution officer (or, if the officer is an officer or employee of the department, the commissioner) agree on each of the following—\nthe amount to be paid for the mediation or conciliation;\nhow it is to be paid;\nby whom it is to be paid.\ns 257 sub 2003 No. 6 s 87\n- (a) the parties to the application agree on a person who is to be the dispute resolution officer for the application; and\n- (b) the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as the dispute resolution officer for the application; and\n- (c) the parties and the dispute resolution officer (or, if the officer is an officer or employee of the department, the commissioner) agree on each of the following— (i) the amount to be paid for the mediation or conciliation; (ii) how it is to be paid; (iii) by whom it is to be paid.\n- (i) the amount to be paid for the mediation or conciliation;\n- (ii) how it is to be paid;\n- (iii) by whom it is to be paid.\n- (i) the amount to be paid for the mediation or conciliation;\n- (ii) how it is to be paid;\n- (iii) by whom it is to be paid.","sortOrder":438},{"sectionNumber":"sec.258","sectionType":"section","heading":"Referral to dispute resolution officer","content":"### sec.258 Referral to dispute resolution officer\n\nAs soon as practicable after the commissioner recommends the application be the subject of specialist mediation or specialist conciliation, the commissioner must refer the application to a dispute resolution officer agreed to by the parties and the commissioner for conducting the dispute resolution process.\ns 258 sub 2003 No. 6 s 87","sortOrder":439},{"sectionNumber":"sec.259","sectionType":"section","heading":"Conduct of specialist mediation and conciliation sessions","content":"### sec.259 Conduct of specialist mediation and conciliation sessions\n\nThe mediation or conciliation session must be conducted as quickly and with as little formality and technicality as possible.\nA person who is not a party to the application may attend and take part in the session if the dispute resolution officer is satisfied the person may help resolve the dispute.\nThe session must be held in private.\nA person may use an interpreter in the session.\nEvidence of anything said or done about the dispute in a mediation session is inadmissible in a proceeding.\nEvidence of anything said or done in a conciliation session is inadmissible in a proceeding, unless the proceeding is an adjudication and the parties have consented, under section 249 , to the dispute resolution officer conducting the adjudication.\nThe mediation or conciliation session may be terminated at any time by the dispute resolution officer.\ns 259 ins 2003 No. 6 s 87\namd 2007 No. 11 s 3 sch\n(sec.259-ssec.1) The mediation or conciliation session must be conducted as quickly and with as little formality and technicality as possible.\n(sec.259-ssec.2) A person who is not a party to the application may attend and take part in the session if the dispute resolution officer is satisfied the person may help resolve the dispute.\n(sec.259-ssec.3) The session must be held in private.\n(sec.259-ssec.4) A person may use an interpreter in the session.\n(sec.259-ssec.5) Evidence of anything said or done about the dispute in a mediation session is inadmissible in a proceeding.\n(sec.259-ssec.6) Evidence of anything said or done in a conciliation session is inadmissible in a proceeding, unless the proceeding is an adjudication and the parties have consented, under section 249 , to the dispute resolution officer conducting the adjudication.\n(sec.259-ssec.7) The mediation or conciliation session may be terminated at any time by the dispute resolution officer.","sortOrder":440},{"sectionNumber":"sec.260","sectionType":"section","heading":"Specialist mediation or conciliation is voluntary","content":"### sec.260 Specialist mediation or conciliation is voluntary\n\nAttendance at, and participation in, a specialist mediation or specialist conciliation session is voluntary.\nA party may withdraw from the session at any time.\nExcept as expressly stated in this chapter, this part does not affect a right or remedy that a party to an application has apart from this part.\ns 260 ins 2003 No. 6 s 87\n(sec.260-ssec.1) Attendance at, and participation in, a specialist mediation or specialist conciliation session is voluntary.\n(sec.260-ssec.2) A party may withdraw from the session at any time.\n(sec.260-ssec.3) Except as expressly stated in this chapter, this part does not affect a right or remedy that a party to an application has apart from this part.","sortOrder":441},{"sectionNumber":"sec.261","sectionType":"section","heading":"Representation by agent","content":"### sec.261 Representation by agent\n\nA party to the application may be represented by an agent at the specialist mediation or specialist conciliation session if the dispute resolution officer approves and is satisfied an agent should be permitted to help the dispute resolution process.\nSubsection (1) does not prevent—\nif a corporation under the Corporations Act is a party to the application—an officer of the corporation from representing the corporation; or\nif another corporation is a party to the application—an agent appointed by the corporation from representing the corporation; or\nif more than 1 owner constitutes the body corporate—1 or more of the owners from representing the body corporate.\nThe approval may be given without conditions or on the conditions the dispute resolution officer considers reasonable to ensure no other party to the application is substantially disadvantaged by the agent appearing at the session.\nIf the approval is given on conditions, the entitlement of the party to be represented by an agent is subject to the agent complying with the conditions.\ns 261 ins 2003 No. 6 s 87\n(sec.261-ssec.1) A party to the application may be represented by an agent at the specialist mediation or specialist conciliation session if the dispute resolution officer approves and is satisfied an agent should be permitted to help the dispute resolution process.\n(sec.261-ssec.2) Subsection (1) does not prevent— if a corporation under the Corporations Act is a party to the application—an officer of the corporation from representing the corporation; or if another corporation is a party to the application—an agent appointed by the corporation from representing the corporation; or if more than 1 owner constitutes the body corporate—1 or more of the owners from representing the body corporate.\n(sec.261-ssec.3) The approval may be given without conditions or on the conditions the dispute resolution officer considers reasonable to ensure no other party to the application is substantially disadvantaged by the agent appearing at the session.\n(sec.261-ssec.4) If the approval is given on conditions, the entitlement of the party to be represented by an agent is subject to the agent complying with the conditions.\n- (a) if a corporation under the Corporations Act is a party to the application—an officer of the corporation from representing the corporation; or\n- (b) if another corporation is a party to the application—an agent appointed by the corporation from representing the corporation; or\n- (c) if more than 1 owner constitutes the body corporate—1 or more of the owners from representing the body corporate.","sortOrder":442},{"sectionNumber":"sec.262","sectionType":"section","heading":"Referral back to the commissioner","content":"### sec.262 Referral back to the commissioner\n\nThe dispute resolution officer must refer the application back to the commissioner if the officer considers there is no further action the officer can take in the dispute resolution process because, for example—\na party to the application does not attend or withdraws from the mediation or conciliation session; or\nno agreement is reached at the session; or\nagreement is reached at the session.\nIn referring the application back to the commissioner, the dispute resolution officer must inform the commissioner of the reason for the referral.\ns 262 ins 2003 No. 6 s 87\n(sec.262-ssec.1) The dispute resolution officer must refer the application back to the commissioner if the officer considers there is no further action the officer can take in the dispute resolution process because, for example— a party to the application does not attend or withdraws from the mediation or conciliation session; or no agreement is reached at the session; or agreement is reached at the session.\n(sec.262-ssec.2) In referring the application back to the commissioner, the dispute resolution officer must inform the commissioner of the reason for the referral.\n- (a) a party to the application does not attend or withdraws from the mediation or conciliation session; or\n- (b) no agreement is reached at the session; or\n- (c) agreement is reached at the session.","sortOrder":443},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Specialist adjudication","content":"# Specialist adjudication","sortOrder":444},{"sectionNumber":"sec.263","sectionType":"section","heading":"Purpose of pt 8","content":"### sec.263 Purpose of pt 8\n\nThe purpose of this part is to provide for the conditions under which the commissioner may make a dispute resolution recommendation that an application be the subject of specialist adjudication.\nThe commissioner may recommend an application be the subject of specialist adjudication if authorised under this part.\ns 263 ins 2003 No. 6 s 87\namd 2007 No. 11 s 38\n(sec.263-ssec.1) The purpose of this part is to provide for the conditions under which the commissioner may make a dispute resolution recommendation that an application be the subject of specialist adjudication.\n(sec.263-ssec.2) The commissioner may recommend an application be the subject of specialist adjudication if authorised under this part.","sortOrder":445},{"sectionNumber":"sec.264","sectionType":"section","heading":"Specialist adjudication by agreement","content":"### sec.264 Specialist adjudication by agreement\n\nThe commissioner may recommend an application be the subject of specialist adjudication if—\nthe parties to the application agree on a person who is to be the adjudicator for the application; and\nthe commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and\nthe parties and the adjudicator agree on the amount to be paid for the adjudication; and\nfor the amount agreed to be paid for the adjudication—the parties either—\nagree on how, and by whom, the amount is to be paid; or\nagree the amount is to be paid in the way decided by the adjudicator; and\nthe adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) .\nSubsection (1) (a) does not require the agreement of a party who is a joined respondent.\nIn this section—\njoined respondent means a person who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) .\ns 264 ins 2003 No. 6 s 87\namd 2007 No. 11 s 39 ; 2011 No. 9 s 35\n(sec.264-ssec.1) The commissioner may recommend an application be the subject of specialist adjudication if— the parties to the application agree on a person who is to be the adjudicator for the application; and the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and the parties and the adjudicator agree on the amount to be paid for the adjudication; and for the amount agreed to be paid for the adjudication—the parties either— agree on how, and by whom, the amount is to be paid; or agree the amount is to be paid in the way decided by the adjudicator; and the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) .\n(sec.264-ssec.2) Subsection (1) (a) does not require the agreement of a party who is a joined respondent.\n(sec.264-ssec.3) In this section— joined respondent means a person who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) .\n- (a) the parties to the application agree on a person who is to be the adjudicator for the application; and\n- (b) the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and\n- (c) the parties and the adjudicator agree on the amount to be paid for the adjudication; and\n- (d) for the amount agreed to be paid for the adjudication—the parties either— (i) agree on how, and by whom, the amount is to be paid; or (ii) agree the amount is to be paid in the way decided by the adjudicator; and\n- (i) agree on how, and by whom, the amount is to be paid; or\n- (ii) agree the amount is to be paid in the way decided by the adjudicator; and\n- (e) the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) .\n- (i) agree on how, and by whom, the amount is to be paid; or\n- (ii) agree the amount is to be paid in the way decided by the adjudicator; and","sortOrder":446},{"sectionNumber":"sec.265","sectionType":"section","heading":"Specialist adjudication—dispute about economic reasons resolution","content":"### sec.265 Specialist adjudication—dispute about economic reasons resolution\n\nThe commissioner may recommend an application be the subject of specialist adjudication if the application is about a dispute relating to a motion for an economic reasons resolution.\nSubject to section 270 (3) , the body corporate must pay the amount for the adjudication.\ns 265 prev s 265 ins 2003 No. 6 s 87\nom 2007 No. 11 s 40\npres s 265 ins 2023 No. 29 s 35\n(sec.265-ssec.1) The commissioner may recommend an application be the subject of specialist adjudication if the application is about a dispute relating to a motion for an economic reasons resolution.\n(sec.265-ssec.2) Subject to section 270 (3) , the body corporate must pay the amount for the adjudication.","sortOrder":447},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Adjudication generally","content":"# Adjudication generally","sortOrder":448},{"sectionNumber":"ch.6-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":449},{"sectionNumber":"sec.266","sectionType":"section","heading":"Purpose of pt 9","content":"### sec.266 Purpose of pt 9\n\nThe purpose of this part is to provide for—\nwhat happens if the commissioner makes a dispute resolution recommendation that an application be the subject of specialist or department adjudication, including adjudication limited to making a consent order; and\nthe making of adjudicators’ orders.\ns 266 sub 2003 No. 6 s 88\namd 2007 No. 11 s 41\n- (a) what happens if the commissioner makes a dispute resolution recommendation that an application be the subject of specialist or department adjudication, including adjudication limited to making a consent order; and\n- (b) the making of adjudicators’ orders.","sortOrder":450},{"sectionNumber":"sec.266A","sectionType":"section","heading":"Application of pt 9 to agreement referred for consent order","content":"### sec.266A Application of pt 9 to agreement referred for consent order\n\nThe following provisions (the applied provisions ) apply to an agreement referred to an adjudicator under section 252I (5) —\nsection 270 , other than section 270 (1) (c) , (3) and (4)\nsections 271 , 273 , 274 and 275\nsection 276 , other than section 276 (4) (b)\nsection 281 .\nSections 269 and 285 also apply to the agreement.\nThe applied provisions apply to the agreement as if—\na reference in any of the applied provisions to the application or an application were a reference to the agreement; and\na reference in sections 270 , 274 and 281 to the applicant were a reference to the applicant for the application that resulted in the agreement; and\na reference in sections 270 , 271 and 273 to a party to an application were a reference to a party to the application that resulted in the agreement; and\na reference in sections 271 and 273 to an affected person were a reference to an affected person for the application that resulted in the agreement; and\na reference in section 274 to the respondent were a reference to the respondent for the application that resulted in the agreement.\nAlso, section 270 applies to the agreement as if—\na reference in the section to dismissal of applications were a reference to refusal of a consent order for the agreement; and\na reference in the section to an order dismissing the application were a reference to an order refusing a consent order for the agreement; and\nthe reference in section 270 (1) (e) (ii) to the outcome sought by the application were a reference to the agreement.\ns 266A ins 2007 No. 11 s 42\namd 2008 No. 69 s 5\n(sec.266A-ssec.1) The following provisions (the applied provisions ) apply to an agreement referred to an adjudicator under section 252I (5) — section 270 , other than section 270 (1) (c) , (3) and (4) sections 271 , 273 , 274 and 275 section 276 , other than section 276 (4) (b) section 281 .\n(sec.266A-ssec.2) Sections 269 and 285 also apply to the agreement.\n(sec.266A-ssec.3) The applied provisions apply to the agreement as if— a reference in any of the applied provisions to the application or an application were a reference to the agreement; and a reference in sections 270 , 274 and 281 to the applicant were a reference to the applicant for the application that resulted in the agreement; and a reference in sections 270 , 271 and 273 to a party to an application were a reference to a party to the application that resulted in the agreement; and a reference in sections 271 and 273 to an affected person were a reference to an affected person for the application that resulted in the agreement; and a reference in section 274 to the respondent were a reference to the respondent for the application that resulted in the agreement.\n(sec.266A-ssec.4) Also, section 270 applies to the agreement as if— a reference in the section to dismissal of applications were a reference to refusal of a consent order for the agreement; and a reference in the section to an order dismissing the application were a reference to an order refusing a consent order for the agreement; and the reference in section 270 (1) (e) (ii) to the outcome sought by the application were a reference to the agreement.\n- • section 270 , other than section 270 (1) (c) , (3) and (4)\n- • sections 271 , 273 , 274 and 275\n- • section 276 , other than section 276 (4) (b)\n- • section 281 .\n- (a) a reference in any of the applied provisions to the application or an application were a reference to the agreement; and\n- (b) a reference in sections 270 , 274 and 281 to the applicant were a reference to the applicant for the application that resulted in the agreement; and\n- (c) a reference in sections 270 , 271 and 273 to a party to an application were a reference to a party to the application that resulted in the agreement; and\n- (d) a reference in sections 271 and 273 to an affected person were a reference to an affected person for the application that resulted in the agreement; and\n- (e) a reference in section 274 to the respondent were a reference to the respondent for the application that resulted in the agreement.\n- (a) a reference in the section to dismissal of applications were a reference to refusal of a consent order for the agreement; and\n- (b) a reference in the section to an order dismissing the application were a reference to an order refusing a consent order for the agreement; and\n- (c) the reference in section 270 (1) (e) (ii) to the outcome sought by the application were a reference to the agreement.","sortOrder":451},{"sectionNumber":"ch.6-pt.9-div.2","sectionType":"division","heading":"Procedural matters about adjudication","content":"## Procedural matters about adjudication","sortOrder":452},{"sectionNumber":"sec.267","sectionType":"section","heading":"Referral to adjudicator for specialist or department adjudication","content":"### sec.267 Referral to adjudicator for specialist or department adjudication\n\nAs soon as practicable after the commissioner recommends that the application be the subject of specialist or department adjudication, the commissioner must refer the application to—\nif the recommendation is for specialist adjudication—the adjudicator decided under the recommendation; or\nif the recommendation is for department adjudication—an adjudicator appointed for conducting department adjudication.\nThe adjudicator to whom an application is referred can not be the person who conducted the department conciliation for the dispute the subject of the application.\ns 267 amd 2003 No. 6 s 89 ; 2007 No. 11 s 43\n(sec.267-ssec.1) As soon as practicable after the commissioner recommends that the application be the subject of specialist or department adjudication, the commissioner must refer the application to— if the recommendation is for specialist adjudication—the adjudicator decided under the recommendation; or if the recommendation is for department adjudication—an adjudicator appointed for conducting department adjudication.\n(sec.267-ssec.2) The adjudicator to whom an application is referred can not be the person who conducted the department conciliation for the dispute the subject of the application.\n- (a) if the recommendation is for specialist adjudication—the adjudicator decided under the recommendation; or\n- (b) if the recommendation is for department adjudication—an adjudicator appointed for conducting department adjudication.","sortOrder":453},{"sectionNumber":"sec.268","sectionType":"section","heading":"Department adjudication fee","content":"### sec.268 Department adjudication fee\n\nIf the application is referred to an adjudicator for department adjudication, the adjudicator may adjudicate on the application only if the fee prescribed under a regulation has been paid in the way prescribed under the regulation.","sortOrder":454},{"sectionNumber":"sec.269","sectionType":"section","heading":"Investigation by adjudicator","content":"### sec.269 Investigation by adjudicator\n\nThe adjudicator must investigate the application to decide whether it would be appropriate to make an order on the application.\nAlso, if an agreement is referred to an adjudicator under section 252I (5) , the adjudicator may investigate the agreement to decide whether it would be appropriate to make a consent order under section 276 (5) .\nWhen investigating the application or agreement, the adjudicator—\nmust observe natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the application or agreement; and\nis not bound by the rules of evidence.\ns 269 amd 2003 No. 6 s 90 ; 2007 No. 11 s 44\n(sec.269-ssec.1) The adjudicator must investigate the application to decide whether it would be appropriate to make an order on the application.\n(sec.269-ssec.2) Also, if an agreement is referred to an adjudicator under section 252I (5) , the adjudicator may investigate the agreement to decide whether it would be appropriate to make a consent order under section 276 (5) .\n(sec.269-ssec.3) When investigating the application or agreement, the adjudicator— must observe natural justice; and must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the application or agreement; and is not bound by the rules of evidence.\n- (a) must observe natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the application or agreement; and\n- (c) is not bound by the rules of evidence.","sortOrder":455},{"sectionNumber":"sec.269A","sectionType":"section","heading":null,"content":"### Section sec.269A\n\ns 269A ins 2003 No. 6 s 111\nom 4 March 2003 RA s 37","sortOrder":456},{"sectionNumber":"sec.270","sectionType":"section","heading":"Dismissal of applications","content":"### sec.270 Dismissal of applications\n\nThe adjudicator may make an order dismissing the application if—\nit appears to the adjudicator that the adjudicator does not have jurisdiction to deal with the application; or\nthe adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction; or\nit appears to the adjudicator that the application is frivolous, vexatious, misconceived or without substance; or\nthe applicant fails, without reasonable excuse, to comply with a requirement of the adjudicator under section 271 (1) ; or\nthe adjudicator is satisfied—\na party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\nthe outcome sought by the application is no longer relevant or required; or\nthe subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\nthe subject of the application is a related dispute to a debt dispute.\nThe adjudicator’s power to make an order under this section may be exercised—\nwithout investigating the detail of the application; or\nbefore an investigation has ended.\nIf the adjudicator makes an order under subsection (1) (c) , the adjudicator—\nmay order costs against the applicant to compensate all or any of the following for loss resulting from the application—\nthe respondent to the application;\nthe body corporate for the community titles scheme;\nan affected person; and\nlegal expenses reasonably incurred by the person in relation to the application\nin ordering the costs, may have regard to previous applications made by the applicant.\nThe total amount of costs ordered under subsection (3) must not be more than $2,000.\ns 270 ins 2003 No. 6 s 91\namd 2007 No. 11 s 45 ; 2010 No. 26 s 13\n(sec.270-ssec.1) The adjudicator may make an order dismissing the application if— it appears to the adjudicator that the adjudicator does not have jurisdiction to deal with the application; or the adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction; or it appears to the adjudicator that the application is frivolous, vexatious, misconceived or without substance; or the applicant fails, without reasonable excuse, to comply with a requirement of the adjudicator under section 271 (1) ; or the adjudicator is satisfied— a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and the outcome sought by the application is no longer relevant or required; or the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or the subject of the application is a related dispute to a debt dispute.\n(sec.270-ssec.2) The adjudicator’s power to make an order under this section may be exercised— without investigating the detail of the application; or before an investigation has ended.\n(sec.270-ssec.3) If the adjudicator makes an order under subsection (1) (c) , the adjudicator— may order costs against the applicant to compensate all or any of the following for loss resulting from the application— the respondent to the application; the body corporate for the community titles scheme; an affected person; and legal expenses reasonably incurred by the person in relation to the application in ordering the costs, may have regard to previous applications made by the applicant.\n(sec.270-ssec.4) The total amount of costs ordered under subsection (3) must not be more than $2,000.\n- (a) it appears to the adjudicator that the adjudicator does not have jurisdiction to deal with the application; or\n- (b) the adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction; or\n- (c) it appears to the adjudicator that the application is frivolous, vexatious, misconceived or without substance; or\n- (d) the applicant fails, without reasonable excuse, to comply with a requirement of the adjudicator under section 271 (1) ; or\n- (e) the adjudicator is satisfied— (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and (ii) the outcome sought by the application is no longer relevant or required; or\n- (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\n- (ii) the outcome sought by the application is no longer relevant or required; or\n- (f) the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or\n- (g) the subject of the application is a related dispute to a debt dispute.\n- (i) a party to the application is no longer a person mentioned in section 227 (1) for the dispute the subject of the application; and\n- (ii) the outcome sought by the application is no longer relevant or required; or\n- (a) without investigating the detail of the application; or\n- (b) before an investigation has ended.\n- (a) may order costs against the applicant to compensate all or any of the following for loss resulting from the application— (i) the respondent to the application; (ii) the body corporate for the community titles scheme; (iii) an affected person; and Example of loss for paragraph (a) — legal expenses reasonably incurred by the person in relation to the application\n- (i) the respondent to the application;\n- (ii) the body corporate for the community titles scheme;\n- (iii) an affected person; and\n- (b) in ordering the costs, may have regard to previous applications made by the applicant.\n- (i) the respondent to the application;\n- (ii) the body corporate for the community titles scheme;\n- (iii) an affected person; and","sortOrder":457},{"sectionNumber":"sec.271","sectionType":"section","heading":"Investigative powers of adjudicator","content":"### sec.271 Investigative powers of adjudicator\n\nWhen investigating the application, the adjudicator may do all or any of the following—\nrequire a party to the application, an affected person, the body corporate or someone else the adjudicator considers may be able to help resolve issues raised by the application—\nto obtain, and give to the adjudicator, a report or other information; or\nan engineering report\nto be present to be interviewed, after reasonable notice is given of the time and place of interview; or\nto give information in the form of a statutory declaration;\nrequire a body corporate manager, service contractor or letting agent who is a party to the application or an affected person to give to the adjudicator a record held by the person and relating to a dispute about a service provided by the person;\ninvite persons the adjudicator considers may be able to help resolve issues raised by the application to make written submissions to the adjudicator within a stated time;\ninspect, or enter and inspect—\na body corporate asset or record or other document of the body corporate; or\ncommon property (including common property the subject of an exclusive use by-law); or\na lot included in the community titles scheme concerned.\nIf the application is an application referred to the adjudicator for department adjudication, the commissioner must give the adjudicator all reasonable administrative help the adjudicator asks for in investigating the application.\nIf a place to be entered under subsection (1) (d) is occupied, the adjudicator may enter only with the occupier’s consent and, in seeking the consent, must give reasonable notice to the occupier of the time when the adjudicator wishes to enter the place.\nIf a place to be entered under subsection (1) (d) is unoccupied, the adjudicator may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the owner of the time when the adjudicator wishes to enter the place.\nThe body corporate or someone else who has access to the body corporate’s records must, as requested by an adjudicator and without payment of a fee, do either or both of the following—\nallow the adjudicator access to the records within 24 hours after the request is made;\nin accordance with the request, give the adjudicator copies of the records or allow the adjudicator to make the copies.\nMaximum penalty—20 penalty units.\nA person who fails to comply with a requirement under subsection (1) (a) or (b) , or obstructs an adjudicator in the conduct of an investigation under this part, commits an offence unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for a person not to comply with a requirement mentioned in subsection (6) to give information or a document, if giving the information or document might tend to incriminate the person.\ns 271 amd 2000 No. 2 s 32 sch ; 2003 No. 6 s 92 ; 2007 No. 11 ss 46 , 3 sch ; 2008 No. 69 s 6\n(sec.271-ssec.1) When investigating the application, the adjudicator may do all or any of the following— require a party to the application, an affected person, the body corporate or someone else the adjudicator considers may be able to help resolve issues raised by the application— to obtain, and give to the adjudicator, a report or other information; or an engineering report to be present to be interviewed, after reasonable notice is given of the time and place of interview; or to give information in the form of a statutory declaration; require a body corporate manager, service contractor or letting agent who is a party to the application or an affected person to give to the adjudicator a record held by the person and relating to a dispute about a service provided by the person; invite persons the adjudicator considers may be able to help resolve issues raised by the application to make written submissions to the adjudicator within a stated time; inspect, or enter and inspect— a body corporate asset or record or other document of the body corporate; or common property (including common property the subject of an exclusive use by-law); or a lot included in the community titles scheme concerned.\n(sec.271-ssec.2) If the application is an application referred to the adjudicator for department adjudication, the commissioner must give the adjudicator all reasonable administrative help the adjudicator asks for in investigating the application.\n(sec.271-ssec.3) If a place to be entered under subsection (1) (d) is occupied, the adjudicator may enter only with the occupier’s consent and, in seeking the consent, must give reasonable notice to the occupier of the time when the adjudicator wishes to enter the place.\n(sec.271-ssec.4) If a place to be entered under subsection (1) (d) is unoccupied, the adjudicator may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the owner of the time when the adjudicator wishes to enter the place.\n(sec.271-ssec.5) The body corporate or someone else who has access to the body corporate’s records must, as requested by an adjudicator and without payment of a fee, do either or both of the following— allow the adjudicator access to the records within 24 hours after the request is made; in accordance with the request, give the adjudicator copies of the records or allow the adjudicator to make the copies. Maximum penalty—20 penalty units.\n(sec.271-ssec.6) A person who fails to comply with a requirement under subsection (1) (a) or (b) , or obstructs an adjudicator in the conduct of an investigation under this part, commits an offence unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.271-ssec.7) It is a reasonable excuse for a person not to comply with a requirement mentioned in subsection (6) to give information or a document, if giving the information or document might tend to incriminate the person.\n- (a) require a party to the application, an affected person, the body corporate or someone else the adjudicator considers may be able to help resolve issues raised by the application— (i) to obtain, and give to the adjudicator, a report or other information; or Example— an engineering report (ii) to be present to be interviewed, after reasonable notice is given of the time and place of interview; or (iii) to give information in the form of a statutory declaration;\n- (i) to obtain, and give to the adjudicator, a report or other information; or Example— an engineering report\n- (ii) to be present to be interviewed, after reasonable notice is given of the time and place of interview; or\n- (iii) to give information in the form of a statutory declaration;\n- (b) require a body corporate manager, service contractor or letting agent who is a party to the application or an affected person to give to the adjudicator a record held by the person and relating to a dispute about a service provided by the person;\n- (c) invite persons the adjudicator considers may be able to help resolve issues raised by the application to make written submissions to the adjudicator within a stated time;\n- (d) inspect, or enter and inspect— (i) a body corporate asset or record or other document of the body corporate; or (ii) common property (including common property the subject of an exclusive use by-law); or (iii) a lot included in the community titles scheme concerned.\n- (i) a body corporate asset or record or other document of the body corporate; or\n- (ii) common property (including common property the subject of an exclusive use by-law); or\n- (iii) a lot included in the community titles scheme concerned.\n- (i) to obtain, and give to the adjudicator, a report or other information; or Example— an engineering report\n- (ii) to be present to be interviewed, after reasonable notice is given of the time and place of interview; or\n- (iii) to give information in the form of a statutory declaration;\n- (i) a body corporate asset or record or other document of the body corporate; or\n- (ii) common property (including common property the subject of an exclusive use by-law); or\n- (iii) a lot included in the community titles scheme concerned.\n- (a) allow the adjudicator access to the records within 24 hours after the request is made;\n- (b) in accordance with the request, give the adjudicator copies of the records or allow the adjudicator to make the copies.","sortOrder":458},{"sectionNumber":"sec.272","sectionType":"section","heading":"Delegation","content":"### sec.272 Delegation\n\nAn adjudicator may delegate a power the adjudicator has under this part, other than under section 270 , to an appropriately qualified officer of the department.\ns 272 ins 2000 No. 2 s 3\namd 2003 No. 6 s 3 sch","sortOrder":459},{"sectionNumber":"sec.273","sectionType":"section","heading":"Representation by agent","content":"### sec.273 Representation by agent\n\nFor an adjudication, a party to the application, an affected person or the body corporate has the right to be represented by an agent.\ns 273 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 47","sortOrder":460},{"sectionNumber":"ch.6-pt.9-div.3","sectionType":"division","heading":"Adjudicator’s orders","content":"## Adjudicator’s orders","sortOrder":461},{"sectionNumber":"sec.274","sectionType":"section","heading":"Notice of order to be given","content":"### sec.274 Notice of order to be given\n\nThe adjudicator for an application must give a copy of an order made under this chapter to—\nthe applicant; and\nthe respondent to the application; and\nthe body corporate for the community titles scheme; and\na person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application.\nThe copy of the order must be—\ncertified by the adjudicator as a true copy of the order; and\naccompanied by—\na statement of the adjudicator’s reasons for the decision; and\nan outline in the approved form of the appeal rights available under part 11 .\nIf the order is a declaratory or other order affecting the owners or occupiers of the lots included in the scheme generally, or a particular class of the owners or occupiers, the adjudicator need not give a copy of the order to each owner or occupier individually, but may instead give notice in a way that ensures, as far as reasonably practicable, it comes to the attention of all owners or occupiers or all members of the class.\ns 274 amd 2003 No. 6 s 98 (1) – (2)\nreloc 2003 No. 6 s 98 (3)\namd 2007 No. 11 s 48\n(sec.274-ssec.1) The adjudicator for an application must give a copy of an order made under this chapter to— the applicant; and the respondent to the application; and the body corporate for the community titles scheme; and a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application.\n(sec.274-ssec.2) The copy of the order must be— certified by the adjudicator as a true copy of the order; and accompanied by— a statement of the adjudicator’s reasons for the decision; and an outline in the approved form of the appeal rights available under part 11 .\n(sec.274-ssec.3) If the order is a declaratory or other order affecting the owners or occupiers of the lots included in the scheme generally, or a particular class of the owners or occupiers, the adjudicator need not give a copy of the order to each owner or occupier individually, but may instead give notice in a way that ensures, as far as reasonably practicable, it comes to the attention of all owners or occupiers or all members of the class.\n- (a) the applicant; and\n- (b) the respondent to the application; and\n- (c) the body corporate for the community titles scheme; and\n- (d) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application.\n- (a) certified by the adjudicator as a true copy of the order; and\n- (b) accompanied by— (i) a statement of the adjudicator’s reasons for the decision; and (ii) an outline in the approved form of the appeal rights available under part 11 .\n- (i) a statement of the adjudicator’s reasons for the decision; and\n- (ii) an outline in the approved form of the appeal rights available under part 11 .\n- (i) a statement of the adjudicator’s reasons for the decision; and\n- (ii) an outline in the approved form of the appeal rights available under part 11 .","sortOrder":462},{"sectionNumber":"sec.275","sectionType":"section","heading":"Referral back to commissioner","content":"### sec.275 Referral back to commissioner\n\nWhen the adjudicator has completed the adjudicator’s duties under this part, the adjudicator must refer the application (including any order the adjudicator has made) back to the commissioner.\ns 275 (prev s 236) renum and reloc 2003 No. 6 s 3 sch","sortOrder":463},{"sectionNumber":"sec.276","sectionType":"section","heading":"Orders of adjudicators","content":"### sec.276 Orders of adjudicators\n\nAn adjudicator to whom the application is referred may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about—\na claimed or anticipated contravention of this Act or the community management statement; or\nthe exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or\na claimed or anticipated contractual matter about—\nthe engagement of a person as a body corporate manager or service contractor for a community titles scheme; or\nthe authorisation of a person as a letting agent for a community titles scheme.\nAn order may require a person to act, or prohibit a person from acting, in a way stated in the order.\nWithout limiting subsections (1) and (2) , the adjudicator may make an order mentioned in schedule 5 .\nAn order appointing an administrator—\nmay be the only order the adjudicator makes for an application; or\nmay be made to assist the enforcement of another order made for the application.\nIf the adjudicator makes a consent order, the order—\nmay include only matters that may be dealt with under this Act; and\nmust not include matters that are inconsistent with this Act or another Act.\ns 276 amd 2003 No. 6 s 93 ; 2007 No. 11 s 49\n(sec.276-ssec.1) An adjudicator to whom the application is referred may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about— a claimed or anticipated contravention of this Act or the community management statement; or the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or a claimed or anticipated contractual matter about— the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or the authorisation of a person as a letting agent for a community titles scheme.\n(sec.276-ssec.2) An order may require a person to act, or prohibit a person from acting, in a way stated in the order.\n(sec.276-ssec.3) Without limiting subsections (1) and (2) , the adjudicator may make an order mentioned in schedule 5 .\n(sec.276-ssec.4) An order appointing an administrator— may be the only order the adjudicator makes for an application; or may be made to assist the enforcement of another order made for the application.\n(sec.276-ssec.5) If the adjudicator makes a consent order, the order— may include only matters that may be dealt with under this Act; and must not include matters that are inconsistent with this Act or another Act.\n- (a) a claimed or anticipated contravention of this Act or the community management statement; or\n- (b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or\n- (c) a claimed or anticipated contractual matter about— (i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or (ii) the authorisation of a person as a letting agent for a community titles scheme.\n- (i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or\n- (ii) the authorisation of a person as a letting agent for a community titles scheme.\n- (i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or\n- (ii) the authorisation of a person as a letting agent for a community titles scheme.\n- (a) may be the only order the adjudicator makes for an application; or\n- (b) may be made to assist the enforcement of another order made for the application.\n- (a) may include only matters that may be dealt with under this Act; and\n- (b) must not include matters that are inconsistent with this Act or another Act.","sortOrder":464},{"sectionNumber":"sec.277","sectionType":"section","heading":"Order may be made if person fails to attend to be interviewed","content":"### sec.277 Order may be made if person fails to attend to be interviewed\n\nIf an adjudicator considers it just and equitable in the circumstances, the adjudicator may make an order under this part even if a person fails, without reasonable excuse, to comply with a requirement made by the adjudicator under section 271 (1) (a) (ii) .\ns 277 ins 2003 No. 6 s 94\namd 2007 No. 11 s 50","sortOrder":465},{"sectionNumber":"sec.278","sectionType":"section","heading":"Administrator may act for body corporate etc.","content":"### sec.278 Administrator may act for body corporate etc.\n\nIf an adjudicator appoints an administrator to perform obligations of the body corporate, the committee for the body corporate or a member of the committee, anything done by the administrator under the authority given under the order is taken to have been done by the body corporate, committee or member.","sortOrder":466},{"sectionNumber":"sec.279","sectionType":"section","heading":"Interim orders in context of adjudication","content":"### sec.279 Interim orders in context of adjudication\n\nThe adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates.\nThe adjudicator may stop the body corporate from carrying out work on common property until a dispute about the irregularity of proceedings has been investigated and resolved.\nThe adjudicator may stop a general meeting deciding or acting on a particular issue until it has been investigated and resolved.\nAn interim order—\nhas effect for a period (not longer than 1 year) stated in the order; and\nmay be extended, varied, renewed or cancelled by the adjudicator until a final order is made; and\nmay be cancelled by a later order made by the adjudicator; and\nif it does not lapse or is not cancelled earlier, lapses when—\nthe application is withdrawn; or\nthe commissioner gives the person who made the application a QCAT information notice, under section 241A , for the commissioner’s decision to reject the application; or\na final order is made by an adjudicator to whom the application is referred.\nDespite subsection (2) , if an appeal is started against an interim order, the order continues in force until 1 of the following happens—\nthe order is stayed under the QCAT Act ;\nif the decision on the appeal is to refer the matter of the interim order back to the adjudicator who made the order with directions—the adjudicator makes an order under the directions;\nthe appeal is decided, but other than in the way mentioned in paragraph (a) ;\nthe application is withdrawn;\na final order is made by the adjudicator.\nAs soon as the adjudicator to whom the commissioner refers an application under section 247 makes an interim order or decides not to make an interim order, the adjudicator must refer the application back to the commissioner.\ns 279 amd 2003 No. 6 s 95 ; 2009 No. 48 s 126\n(sec.279-ssec.1) The adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. The adjudicator may stop the body corporate from carrying out work on common property until a dispute about the irregularity of proceedings has been investigated and resolved. The adjudicator may stop a general meeting deciding or acting on a particular issue until it has been investigated and resolved.\n(sec.279-ssec.2) An interim order— has effect for a period (not longer than 1 year) stated in the order; and may be extended, varied, renewed or cancelled by the adjudicator until a final order is made; and may be cancelled by a later order made by the adjudicator; and if it does not lapse or is not cancelled earlier, lapses when— the application is withdrawn; or the commissioner gives the person who made the application a QCAT information notice, under section 241A , for the commissioner’s decision to reject the application; or a final order is made by an adjudicator to whom the application is referred.\n(sec.279-ssec.3) Despite subsection (2) , if an appeal is started against an interim order, the order continues in force until 1 of the following happens— the order is stayed under the QCAT Act ; if the decision on the appeal is to refer the matter of the interim order back to the adjudicator who made the order with directions—the adjudicator makes an order under the directions; the appeal is decided, but other than in the way mentioned in paragraph (a) ; the application is withdrawn; a final order is made by the adjudicator.\n(sec.279-ssec.4) As soon as the adjudicator to whom the commissioner refers an application under section 247 makes an interim order or decides not to make an interim order, the adjudicator must refer the application back to the commissioner.\n- 1 The adjudicator may stop the body corporate from carrying out work on common property until a dispute about the irregularity of proceedings has been investigated and resolved.\n- 2 The adjudicator may stop a general meeting deciding or acting on a particular issue until it has been investigated and resolved.\n- (a) has effect for a period (not longer than 1 year) stated in the order; and\n- (b) may be extended, varied, renewed or cancelled by the adjudicator until a final order is made; and\n- (c) may be cancelled by a later order made by the adjudicator; and\n- (d) if it does not lapse or is not cancelled earlier, lapses when— (i) the application is withdrawn; or (ii) the commissioner gives the person who made the application a QCAT information notice, under section 241A , for the commissioner’s decision to reject the application; or (iii) a final order is made by an adjudicator to whom the application is referred.\n- (i) the application is withdrawn; or\n- (ii) the commissioner gives the person who made the application a QCAT information notice, under section 241A , for the commissioner’s decision to reject the application; or\n- (iii) a final order is made by an adjudicator to whom the application is referred.\n- (i) the application is withdrawn; or\n- (ii) the commissioner gives the person who made the application a QCAT information notice, under section 241A , for the commissioner’s decision to reject the application; or\n- (iii) a final order is made by an adjudicator to whom the application is referred.\n- (a) the order is stayed under the QCAT Act ;\n- (b) if the decision on the appeal is to refer the matter of the interim order back to the adjudicator who made the order with directions—the adjudicator makes an order under the directions;\n- (c) the appeal is decided, but other than in the way mentioned in paragraph (a) ;\n- (d) the application is withdrawn;\n- (e) a final order is made by the adjudicator.","sortOrder":467},{"sectionNumber":"sec.280","sectionType":"section","heading":"Order for payment of application fees","content":"### sec.280 Order for payment of application fees\n\nThis section applies if—\nthe applicant for an adjudication application made a conciliation application for the same dispute; and\nthe respondent to the adjudication application was the respondent to the conciliation application; and\nthe commissioner ended the conciliation application under section 252K because the respondent failed, without reasonable excuse, to participate in the department conciliation.\nIf asked by the applicant, the adjudicator may order the respondent to pay to the applicant the amount paid by the applicant under section 239 (1) (c) as fees for the conciliation application and adjudication application.\ns 280 sub 2003 No. 6 s 96 ; 2007 No. 11 s 51\n(sec.280-ssec.1) This section applies if— the applicant for an adjudication application made a conciliation application for the same dispute; and the respondent to the adjudication application was the respondent to the conciliation application; and the commissioner ended the conciliation application under section 252K because the respondent failed, without reasonable excuse, to participate in the department conciliation.\n(sec.280-ssec.2) If asked by the applicant, the adjudicator may order the respondent to pay to the applicant the amount paid by the applicant under section 239 (1) (c) as fees for the conciliation application and adjudication application.\n- (a) the applicant for an adjudication application made a conciliation application for the same dispute; and\n- (b) the respondent to the adjudication application was the respondent to the conciliation application; and\n- (c) the commissioner ended the conciliation application under section 252K because the respondent failed, without reasonable excuse, to participate in the department conciliation.","sortOrder":468},{"sectionNumber":"sec.281","sectionType":"section","heading":"Order to repair damage or reimburse amount paid for carrying out repairs","content":"### sec.281 Order to repair damage or reimburse amount paid for carrying out repairs\n\nIf the adjudicator is satisfied that the applicant has suffered damage to property because of a contravention of this Act or the community management statement, the adjudicator may order the person who the adjudicator believes, on reasonable grounds, to be responsible for the contravention—\nto carry out stated repairs, or have stated repairs carried out, to the damaged property; or\nto pay the applicant an amount fixed by the adjudicator as reimbursement for repairs carried out to the property by the applicant.\nA waterproofing membrane in the roof of a building in the scheme leaks and there is damage to wallpaper and carpets in a lot included in the scheme. The membrane is part of the common property and the leak results from a failure on the part of the body corporate to maintain it in good order and condition. The adjudicator could order the body corporate to have the damage repaired or to pay an appropriate amount as reimbursement for amounts incurred by the owner in repairing the property.\nThe order can not be made if—\nfor an order under subsection (1) (a) —the cost of carrying out the repairs is more than $75,000; or\nfor an order made under subsection (1) (b) —the amount fixed by the adjudicator would be more than $10,000.\ns 281 amd 2003 No. 6 s 97 ; amd 2007 No. 11 s 3 sch\n(sec.281-ssec.1) If the adjudicator is satisfied that the applicant has suffered damage to property because of a contravention of this Act or the community management statement, the adjudicator may order the person who the adjudicator believes, on reasonable grounds, to be responsible for the contravention— to carry out stated repairs, or have stated repairs carried out, to the damaged property; or to pay the applicant an amount fixed by the adjudicator as reimbursement for repairs carried out to the property by the applicant. A waterproofing membrane in the roof of a building in the scheme leaks and there is damage to wallpaper and carpets in a lot included in the scheme. The membrane is part of the common property and the leak results from a failure on the part of the body corporate to maintain it in good order and condition. The adjudicator could order the body corporate to have the damage repaired or to pay an appropriate amount as reimbursement for amounts incurred by the owner in repairing the property.\n(sec.281-ssec.2) The order can not be made if— for an order under subsection (1) (a) —the cost of carrying out the repairs is more than $75,000; or for an order made under subsection (1) (b) —the amount fixed by the adjudicator would be more than $10,000.\n- (a) to carry out stated repairs, or have stated repairs carried out, to the damaged property; or\n- (b) to pay the applicant an amount fixed by the adjudicator as reimbursement for repairs carried out to the property by the applicant.\n- (a) for an order under subsection (1) (a) —the cost of carrying out the repairs is more than $75,000; or\n- (b) for an order made under subsection (1) (b) —the amount fixed by the adjudicator would be more than $10,000.","sortOrder":469},{"sectionNumber":"sec.281A","sectionType":"section","heading":"Order approving alternative insurance","content":"### sec.281A Order approving alternative insurance\n\nThis section applies if a body corporate for a community titles scheme makes an adjudication application for an alternative insurance order.\nAn adjudicator may make an alternative insurance order only if the adjudicator is satisfied—\nthe body corporate can not comply with the requirement under the regulation module applying to the scheme to put in place insurance for the scheme that insures for the full replacement value of—\nto the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or\neach building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot; and\nthe insurance cover under the alternative insurance is as similar as practicable to the insurance cover required under the regulation module applying to the scheme.\nWithout limiting subsection (2) , in deciding whether to make an alternative insurance order, the adjudicator may consider any of the following matters—\nthe number of insurers the body corporate attempted to take out insurance with;\nthe reasons the body corporate was not insured by the insurers it attempted to take out insurance with;\nthe cost of complying with the requirement to insure under the regulation module applying to the scheme.\nSubsection (5) applies if—\nfor a community titles scheme other than a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not approved at a general meeting; or\nfor a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not authorised under a lot owner agreement for the scheme.\nThe adjudicator may make an alternative insurance order on the condition that—\nif subsection (4) (a) applies—the alternative insurance is approved at a general meeting within the period stated in the order; or\nif subsection (4) (b) applies—the alternative insurance is confirmed under a lot owner agreement within the period stated in the order.\ns 281A ins 2023 No. 29 s 36\n(sec.281A-ssec.1) This section applies if a body corporate for a community titles scheme makes an adjudication application for an alternative insurance order.\n(sec.281A-ssec.2) An adjudicator may make an alternative insurance order only if the adjudicator is satisfied— the body corporate can not comply with the requirement under the regulation module applying to the scheme to put in place insurance for the scheme that insures for the full replacement value of— to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot; and the insurance cover under the alternative insurance is as similar as practicable to the insurance cover required under the regulation module applying to the scheme.\n(sec.281A-ssec.3) Without limiting subsection (2) , in deciding whether to make an alternative insurance order, the adjudicator may consider any of the following matters— the number of insurers the body corporate attempted to take out insurance with; the reasons the body corporate was not insured by the insurers it attempted to take out insurance with; the cost of complying with the requirement to insure under the regulation module applying to the scheme.\n(sec.281A-ssec.4) Subsection (5) applies if— for a community titles scheme other than a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not approved at a general meeting; or for a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not authorised under a lot owner agreement for the scheme.\n(sec.281A-ssec.5) The adjudicator may make an alternative insurance order on the condition that— if subsection (4) (a) applies—the alternative insurance is approved at a general meeting within the period stated in the order; or if subsection (4) (b) applies—the alternative insurance is confirmed under a lot owner agreement within the period stated in the order.\n- (a) the body corporate can not comply with the requirement under the regulation module applying to the scheme to put in place insurance for the scheme that insures for the full replacement value of— (i) to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or (ii) each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot; and\n- (i) to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or\n- (ii) each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot; and\n- (b) the insurance cover under the alternative insurance is as similar as practicable to the insurance cover required under the regulation module applying to the scheme.\n- (i) to the extent that a building is scheme land—each building in which is located a lot created under a building format plan of subdivision or a volumetric format plan of subdivision; or\n- (ii) each building on a lot, created under a standard format plan of subdivision, that has a common wall with a building on an adjoining lot; and\n- (a) the number of insurers the body corporate attempted to take out insurance with;\n- (b) the reasons the body corporate was not insured by the insurers it attempted to take out insurance with;\n- (c) the cost of complying with the requirement to insure under the regulation module applying to the scheme.\n- (a) for a community titles scheme other than a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not approved at a general meeting; or\n- (b) for a specified two-lot scheme—the alternative insurance the body corporate proposes to put in place was not authorised under a lot owner agreement for the scheme.\n- (a) if subsection (4) (a) applies—the alternative insurance is approved at a general meeting within the period stated in the order; or\n- (b) if subsection (4) (b) applies—the alternative insurance is confirmed under a lot owner agreement within the period stated in the order.","sortOrder":470},{"sectionNumber":"sec.282","sectionType":"section","heading":"Order does not prevent proceedings for offence","content":"### sec.282 Order does not prevent proceedings for offence\n\nThis section applies if an adjudicator makes an order under this chapter against a person in relation to a contravention of this Act by the person.\nThe order does not prevent proceedings for an offence in relation to the contravention being taken against the person.\n(sec.282-ssec.1) This section applies if an adjudicator makes an order under this chapter against a person in relation to a contravention of this Act by the person.\n(sec.282-ssec.2) The order does not prevent proceedings for an offence in relation to the contravention being taken against the person.","sortOrder":471},{"sectionNumber":"sec.283","sectionType":"section","heading":"Change of body corporate’s financial year","content":"### sec.283 Change of body corporate’s financial year\n\nWith the consent of the body corporate, the order of the adjudicator may include a change of the body corporate’s financial year and of the dates when later financial years begin.\nSee also section 321A .\ns 283 amd 2023 No. 29 s 37","sortOrder":472},{"sectionNumber":"sec.284","sectionType":"section","heading":"Ancillary provisions","content":"### sec.284 Ancillary provisions\n\nThe adjudicator’s order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate.\nThe adjudicator’s order may fix the time—\nwhen the order takes effect; or\nwithin which the order must be complied with.\nIf the adjudicator’s order does not fix the time when it takes effect, it takes effect when served on the person against whom it is made or, if it is not made against a particular person, when it is served on the body corporate.\nThe adjudicator’s order may provide that the order is to have effect as a resolution without dissent, special resolution, ordinary resolution or lot owner agreement.\ns 284 amd 2011 No. 9 s 36\n(sec.284-ssec.1) The adjudicator’s order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate.\n(sec.284-ssec.2) The adjudicator’s order may fix the time— when the order takes effect; or within which the order must be complied with.\n(sec.284-ssec.3) If the adjudicator’s order does not fix the time when it takes effect, it takes effect when served on the person against whom it is made or, if it is not made against a particular person, when it is served on the body corporate.\n(sec.284-ssec.4) The adjudicator’s order may provide that the order is to have effect as a resolution without dissent, special resolution, ordinary resolution or lot owner agreement.\n- (a) when the order takes effect; or\n- (b) within which the order must be complied with.","sortOrder":473},{"sectionNumber":"sec.285","sectionType":"section","heading":"Limitation on powers of adjudicator","content":"### sec.285 Limitation on powers of adjudicator\n\nThe adjudicator does not have power to resolve a question about title to land.","sortOrder":474},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Enforcement of adjudicator’s orders","content":"# Enforcement of adjudicator’s orders","sortOrder":475},{"sectionNumber":"sec.286","sectionType":"section","heading":"Enforcement of orders for payment of amounts","content":"### sec.286 Enforcement of orders for payment of amounts\n\nThis section applies if the following are filed with the registrar of a Magistrates Court—\na copy of an adjudicator’s order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order;\na sworn statement by the person in whose favour the order is made stating the amount outstanding under the order.\nThe registrar must register the order in the court.\nThe order may be enforced as if it were a judgment of the court properly given in the exercise of its civil jurisdiction.\nFor this section, it is immaterial that the amount outstanding is more than the amount for which an action may be brought in a Magistrates Court.\ns 286 amd 2007 No. 11 s 52\n(sec.286-ssec.1) This section applies if the following are filed with the registrar of a Magistrates Court— a copy of an adjudicator’s order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order; a sworn statement by the person in whose favour the order is made stating the amount outstanding under the order.\n(sec.286-ssec.2) The registrar must register the order in the court.\n(sec.286-ssec.3) The order may be enforced as if it were a judgment of the court properly given in the exercise of its civil jurisdiction.\n(sec.286-ssec.4) For this section, it is immaterial that the amount outstanding is more than the amount for which an action may be brought in a Magistrates Court.\n- (a) a copy of an adjudicator’s order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order;\n- (b) a sworn statement by the person in whose favour the order is made stating the amount outstanding under the order.","sortOrder":476},{"sectionNumber":"sec.287","sectionType":"section","heading":"Enforcement of other orders","content":"### sec.287 Enforcement of other orders\n\nThis section applies if the following are filed with the registrar of a Magistrates Court—\na copy of an adjudicator’s order, other than an order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order;\na sworn statement by a person in whose favour the order is made stating that an obligation imposed under the order has not been performed.\nThe registrar may register the order in the court.\nThe Magistrates Court may, by order, appoint an administrator, and authorise the administrator to perform obligations, under the adjudicator’s order, of the body corporate, the committee for the body corporate, a member of the committee or the owner or occupier of a lot the subject of the order.\nIf the Magistrates Court appoints an administrator to perform obligations of an entity mentioned in subsection (3) , anything done by the administrator under the authority given under the order is taken to have been done by the entity.\ns 287 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 53\n(sec.287-ssec.1) This section applies if the following are filed with the registrar of a Magistrates Court— a copy of an adjudicator’s order, other than an order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order; a sworn statement by a person in whose favour the order is made stating that an obligation imposed under the order has not been performed.\n(sec.287-ssec.2) The registrar may register the order in the court.\n(sec.287-ssec.3) The Magistrates Court may, by order, appoint an administrator, and authorise the administrator to perform obligations, under the adjudicator’s order, of the body corporate, the committee for the body corporate, a member of the committee or the owner or occupier of a lot the subject of the order.\n(sec.287-ssec.4) If the Magistrates Court appoints an administrator to perform obligations of an entity mentioned in subsection (3) , anything done by the administrator under the authority given under the order is taken to have been done by the entity.\n- (a) a copy of an adjudicator’s order, other than an order for the payment of an amount, certified by the commissioner as a copy of the adjudicator’s order;\n- (b) a sworn statement by a person in whose favour the order is made stating that an obligation imposed under the order has not been performed.","sortOrder":477},{"sectionNumber":"sec.288","sectionType":"section","heading":"Failure to comply with adjudicator’s order","content":"### sec.288 Failure to comply with adjudicator’s order\n\nA person who contravenes an order under this chapter (other than an order for the payment of an amount) commits an offence.\nMaximum penalty—400 penalty units.\nA proceeding for an offence under subsection (1) (other than a proceeding taken by the Attorney-General) may only be taken by—\nan applicant for the application for the original order; or\na respondent to the application for the original order; or\na person in whose favour the order mentioned in subsection (1) is made; or\nthe body corporate; or\nan administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee.\nCosts awarded against a defendant in a proceeding under this section may include the amount of the fee paid to the commissioner on making the application for the original order.\nIn subsection (3) —\napplication for the original order means the application for the order of an adjudicator for the purposes of which the order mentioned in subsection (1) is made.\ns 288 amd 2003 No. 6 s 99 ; 2007 No. 11 s 54\n(sec.288-ssec.1) A person who contravenes an order under this chapter (other than an order for the payment of an amount) commits an offence. Maximum penalty—400 penalty units.\n(sec.288-ssec.2) A proceeding for an offence under subsection (1) (other than a proceeding taken by the Attorney-General) may only be taken by— an applicant for the application for the original order; or a respondent to the application for the original order; or a person in whose favour the order mentioned in subsection (1) is made; or the body corporate; or an administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee.\n(sec.288-ssec.3) Costs awarded against a defendant in a proceeding under this section may include the amount of the fee paid to the commissioner on making the application for the original order.\n(sec.288-ssec.4) In subsection (3) — application for the original order means the application for the order of an adjudicator for the purposes of which the order mentioned in subsection (1) is made.\n- (a) an applicant for the application for the original order; or\n- (b) a respondent to the application for the original order; or\n- (c) a person in whose favour the order mentioned in subsection (1) is made; or\n- (d) the body corporate; or\n- (e) an administrator appointed under this chapter who is authorised to perform obligations of the body corporate or its committee.","sortOrder":478},{"sectionNumber":"ch.6-pt.11","sectionType":"part","heading":"Appeal from adjudicator on question of law","content":"# Appeal from adjudicator on question of law","sortOrder":479},{"sectionNumber":"sec.288A","sectionType":"section","heading":"Definition for pt 11","content":"### sec.288A Definition for pt 11\n\nIn this part—\nappeal body ...\ns 288A def appeal body om 2009 No. 24 s 371 (2)\norder , for an application, includes a decision made under section 242 (4) (b) to refuse to waive noncompliance with the time limits stated in section 242 for the application, whether or not the decision is made by an order.\ns 288A ins 2007 No. 11 s 55\namd 2009 No. 24 s 371 (1)","sortOrder":480},{"sectionNumber":"sec.289","sectionType":"section","heading":"Right to appeal to appeal tribunal","content":"### sec.289 Right to appeal to appeal tribunal\n\nThis section applies if—\nan application is made under this chapter; and\nan adjudicator makes an order for the application (other than a consent order); and\na person (the aggrieved person ) is aggrieved by the order; and\nthe aggrieved person is—\nfor an order that is a decision mentioned in section 288A , definition order —an applicant; or\nfor another order—\nan applicant; or\na respondent to the application; or\nthe body corporate for the community titles scheme; or\na person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or\nan affected person for an application mentioned in section 243A ; or\na person not otherwise mentioned in this subparagraph against whom the order is made.\nThe aggrieved person may appeal to the appeal tribunal, but only on a question of law.\ns 289 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 100 ; 2007 No. 11 s 56 ; 2008 No. 69 s 7 ; 2009 No. 24 s 372\n(sec.289-ssec.1) This section applies if— an application is made under this chapter; and an adjudicator makes an order for the application (other than a consent order); and a person (the aggrieved person ) is aggrieved by the order; and the aggrieved person is— for an order that is a decision mentioned in section 288A , definition order —an applicant; or for another order— an applicant; or a respondent to the application; or the body corporate for the community titles scheme; or a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or an affected person for an application mentioned in section 243A ; or a person not otherwise mentioned in this subparagraph against whom the order is made.\n(sec.289-ssec.2) The aggrieved person may appeal to the appeal tribunal, but only on a question of law.\n- (a) an application is made under this chapter; and\n- (b) an adjudicator makes an order for the application (other than a consent order); and\n- (c) a person (the aggrieved person ) is aggrieved by the order; and\n- (d) the aggrieved person is— (i) for an order that is a decision mentioned in section 288A , definition order —an applicant; or (ii) for another order— (A) an applicant; or (B) a respondent to the application; or (C) the body corporate for the community titles scheme; or (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or (E) an affected person for an application mentioned in section 243A ; or (F) a person not otherwise mentioned in this subparagraph against whom the order is made.\n- (i) for an order that is a decision mentioned in section 288A , definition order —an applicant; or\n- (ii) for another order— (A) an applicant; or (B) a respondent to the application; or (C) the body corporate for the community titles scheme; or (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or (E) an affected person for an application mentioned in section 243A ; or (F) a person not otherwise mentioned in this subparagraph against whom the order is made.\n- (A) an applicant; or\n- (B) a respondent to the application; or\n- (C) the body corporate for the community titles scheme; or\n- (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or\n- (E) an affected person for an application mentioned in section 243A ; or\n- (F) a person not otherwise mentioned in this subparagraph against whom the order is made.\n- (i) for an order that is a decision mentioned in section 288A , definition order —an applicant; or\n- (ii) for another order— (A) an applicant; or (B) a respondent to the application; or (C) the body corporate for the community titles scheme; or (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or (E) an affected person for an application mentioned in section 243A ; or (F) a person not otherwise mentioned in this subparagraph against whom the order is made.\n- (A) an applicant; or\n- (B) a respondent to the application; or\n- (C) the body corporate for the community titles scheme; or\n- (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or\n- (E) an affected person for an application mentioned in section 243A ; or\n- (F) a person not otherwise mentioned in this subparagraph against whom the order is made.\n- (A) an applicant; or\n- (B) a respondent to the application; or\n- (C) the body corporate for the community titles scheme; or\n- (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or\n- (E) an affected person for an application mentioned in section 243A ; or\n- (F) a person not otherwise mentioned in this subparagraph against whom the order is made.","sortOrder":481},{"sectionNumber":"sec.290","sectionType":"section","heading":"Appeal","content":"### sec.290 Appeal\n\nAn appeal to the appeal tribunal must be started within 6 weeks after the aggrieved person receives a copy of the order appealed against.\nIf requested by the principal registrar, the commissioner must send to the principal registrar copies of each of the following—\nthe application for which the adjudicator’s order was made;\nthe adjudicator’s order;\nthe adjudicator’s reasons;\nother materials in the adjudicator’s possession relevant to the order.\nWhen the appeal is finished, the principal registrar must send to the commissioner a copy of any decision or order of the appeal tribunal.\nThe commissioner must forward to the adjudicator all material the adjudicator needs to take any further action for the application, having regard to the decision or order of the appeal tribunal.\ns 290 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 3 sch\nsub 2007 No. 11 s 57\namd 2009 No. 24 s 373\n(sec.290-ssec.1) An appeal to the appeal tribunal must be started within 6 weeks after the aggrieved person receives a copy of the order appealed against.\n(sec.290-ssec.2) If requested by the principal registrar, the commissioner must send to the principal registrar copies of each of the following— the application for which the adjudicator’s order was made; the adjudicator’s order; the adjudicator’s reasons; other materials in the adjudicator’s possession relevant to the order.\n(sec.290-ssec.3) When the appeal is finished, the principal registrar must send to the commissioner a copy of any decision or order of the appeal tribunal.\n(sec.290-ssec.4) The commissioner must forward to the adjudicator all material the adjudicator needs to take any further action for the application, having regard to the decision or order of the appeal tribunal.\n- (a) the application for which the adjudicator’s order was made;\n- (b) the adjudicator’s order;\n- (c) the adjudicator’s reasons;\n- (d) other materials in the adjudicator’s possession relevant to the order.","sortOrder":482},{"sectionNumber":"sec.291","sectionType":"section","heading":null,"content":"### Section sec.291\n\ns 291 sub 2007 No. 11 s 57\nom 2009 No. 24 s 374","sortOrder":483},{"sectionNumber":"sec.292","sectionType":"section","heading":"Referral back to commissioner","content":"### sec.292 Referral back to commissioner\n\nWhen the adjudicator has completed taking further action under this part, the adjudicator must refer all material relating to the application for which the adjudicator’s order was made and the decision or order of the appeal tribunal back to the commissioner.\ns 292 amd 2003 No. 6 s 3 sch ; 2007 No. 11 s 58 ; 2009 No. 24 s 375","sortOrder":484},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 amd 1999 No. 19 s 3 sch ; 2007 No. 11 s 59 ; 2008 No. 69 s 3 sch\nom 2009 No. 24 s 376","sortOrder":485},{"sectionNumber":"sec.293A","sectionType":"section","heading":null,"content":"### Section sec.293A\n\ns 293A ins 2007 No. 11 s 60\nom 2009 No. 24 s 376","sortOrder":486},{"sectionNumber":"sec.294","sectionType":"section","heading":"Jurisdiction and powers of appeal tribunal on appeal","content":"### sec.294 Jurisdiction and powers of appeal tribunal on appeal\n\nIn deciding an appeal, in addition to the jurisdiction and powers of the appeal tribunal under the QCAT Act , the tribunal may also exercise all the jurisdiction and powers of an adjudicator under this Act.\nThe appeal tribunal may amend or substitute an order only if the adjudicator, who made the order being appealed, would have had jurisdiction to make the amended or substituted order or decision.\nSubsection (2) does not limit any power of the appeal tribunal to award costs for a proceeding under the QCAT Act .\ns 294 orig s 294 exp 13 July 2000 (see s 294(4))\nprev s 294 amd 1999 No. 19 s 3 sch ; 2007 No. 11 s 61 ; 2008 No. 69 s 3 sch\nsub 2009 No. 24 s 377\n(sec.294-ssec.1) In deciding an appeal, in addition to the jurisdiction and powers of the appeal tribunal under the QCAT Act , the tribunal may also exercise all the jurisdiction and powers of an adjudicator under this Act.\n(sec.294-ssec.2) The appeal tribunal may amend or substitute an order only if the adjudicator, who made the order being appealed, would have had jurisdiction to make the amended or substituted order or decision.\n(sec.294-ssec.3) Subsection (2) does not limit any power of the appeal tribunal to award costs for a proceeding under the QCAT Act .","sortOrder":487},{"sectionNumber":"ch.6-pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":488},{"sectionNumber":"ch.6-pt.12-div.1","sectionType":"division","heading":"Stay of applications and proceedings","content":"## Stay of applications and proceedings","sortOrder":489},{"sectionNumber":"sec.294A","sectionType":"section","heading":"Power to stay application and proceeding","content":"### sec.294A Power to stay application and proceeding\n\nThis section applies if—\nan application is made under this chapter; and\na proceeding is started under the QCAT Act for an order of QCAT about a matter relating to the dispute the subject of the application.\nIf agreed between the commissioner and the president—\nthe commissioner may stay the application by written notice given to the parties to the application, each affected person and the body corporate; or\nthe president may stay the proceeding by written notice given to the parties to the proceeding.\ns 294A ins 2007 No. 11 s 62\namd 2009 No. 24 s 378\n(sec.294A-ssec.1) This section applies if— an application is made under this chapter; and a proceeding is started under the QCAT Act for an order of QCAT about a matter relating to the dispute the subject of the application.\n(sec.294A-ssec.2) If agreed between the commissioner and the president— the commissioner may stay the application by written notice given to the parties to the application, each affected person and the body corporate; or the president may stay the proceeding by written notice given to the parties to the proceeding.\n- (a) an application is made under this chapter; and\n- (b) a proceeding is started under the QCAT Act for an order of QCAT about a matter relating to the dispute the subject of the application.\n- (a) the commissioner may stay the application by written notice given to the parties to the application, each affected person and the body corporate; or\n- (b) the president may stay the proceeding by written notice given to the parties to the proceeding.","sortOrder":490},{"sectionNumber":"ch.6-pt.12-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":491},{"sectionNumber":"sec.295","sectionType":"section","heading":"Replacing statement to be lodged with registrar","content":"### sec.295 Replacing statement to be lodged with registrar\n\nThis section applies if an adjudicator, QCAT or a court orders the body corporate for a community titles scheme to lodge a request to record a new community management statement for the scheme.\nThe body corporate must lodge a request to record the new community management statement within 3 months after the date of the order.\nMaximum penalty—100 penalty units.\ns 295 prev s 295 ins 2000 No. 2 s 4\nexp 9 March 2000 (see s 296)\npres s 295 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 3 sch ; 2007 No. 11 s 63 ; 2009 No. 24 s 379\n(sec.295-ssec.1) This section applies if an adjudicator, QCAT or a court orders the body corporate for a community titles scheme to lodge a request to record a new community management statement for the scheme.\n(sec.295-ssec.2) The body corporate must lodge a request to record the new community management statement within 3 months after the date of the order. Maximum penalty—100 penalty units.","sortOrder":492},{"sectionNumber":"sec.296","sectionType":"section","heading":"Privilege","content":"### sec.296 Privilege\n\nIn this section—\nadjudication includes action taken in making arrangements for an adjudication or in the follow-up of an adjudication.\nspecialist conciliation session includes action taken for making arrangements for a specialist conciliation session or in the follow-up of the session.\nspecialist mediation session includes action taken for making arrangements for a specialist mediation session or in the follow-up of a mediation session.\nSubject to subsection (3) , the like privilege that exists with respect to defamation for a proceeding before the Supreme Court, and a document produced in the proceeding, exists for—\nan adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\na document or other material—\nsent or given to a person, or produced at a place—\nfor enabling a dispute resolution recommendation to be made; or\nfor an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\nproduced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or\na statement made to the commissioner or a dispute resolution officer—\nfor enabling a dispute resolution recommendation to be made; or\nfor an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.\nThe privilege conferred by subsection (2) does not extend to a publication made otherwise than—\nat an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\nas provided by subsection (2) (b) or (c) .\ns 296 prev s 296 ins 2000 No. 2 s 4\nexp 9 March 2000 (see s 296)\npres s 296 amd 2003 No. 6 s 101 ; 2007 No. 11 s 64\n(sec.296-ssec.1) In this section— adjudication includes action taken in making arrangements for an adjudication or in the follow-up of an adjudication. specialist conciliation session includes action taken for making arrangements for a specialist conciliation session or in the follow-up of the session. specialist mediation session includes action taken for making arrangements for a specialist mediation session or in the follow-up of a mediation session.\n(sec.296-ssec.2) Subject to subsection (3) , the like privilege that exists with respect to defamation for a proceeding before the Supreme Court, and a document produced in the proceeding, exists for— an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or a document or other material— sent or given to a person, or produced at a place— for enabling a dispute resolution recommendation to be made; or for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or a statement made to the commissioner or a dispute resolution officer— for enabling a dispute resolution recommendation to be made; or for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.\n(sec.296-ssec.3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than— at an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or as provided by subsection (2) (b) or (c) .\n- (a) an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (b) a document or other material— (i) sent or given to a person, or produced at a place— (A) for enabling a dispute resolution recommendation to be made; or (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or (ii) produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (i) sent or given to a person, or produced at a place— (A) for enabling a dispute resolution recommendation to be made; or (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (A) for enabling a dispute resolution recommendation to be made; or\n- (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (ii) produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (c) a statement made to the commissioner or a dispute resolution officer— (i) for enabling a dispute resolution recommendation to be made; or (ii) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.\n- (i) for enabling a dispute resolution recommendation to be made; or\n- (ii) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.\n- (i) sent or given to a person, or produced at a place— (A) for enabling a dispute resolution recommendation to be made; or (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (A) for enabling a dispute resolution recommendation to be made; or\n- (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (ii) produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (A) for enabling a dispute resolution recommendation to be made; or\n- (B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (i) for enabling a dispute resolution recommendation to be made; or\n- (ii) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.\n- (a) at an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or\n- (b) as provided by subsection (2) (b) or (c) .","sortOrder":493},{"sectionNumber":"sec.297","sectionType":"section","heading":"False or misleading information","content":"### sec.297 False or misleading information\n\nA person must not state anything to the commissioner or an adjudicator the person knows is false or misleading in a material particular.\nMaximum penalty—60 penalty units.\nIt is enough for a complaint under the Justices Act 1886 against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\ns 297 amd 2003 No. 6 s 102\n(sec.297-ssec.1) A person must not state anything to the commissioner or an adjudicator the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.297-ssec.2) It is enough for a complaint under the Justices Act 1886 against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":494},{"sectionNumber":"sec.298","sectionType":"section","heading":"False or misleading documents","content":"### sec.298 False or misleading documents\n\nA person must not give the commissioner or an adjudicator (each the receiver ) a document containing information the person knows is false or misleading.\nMaximum penalty—60 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the receiver, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the receiver.\nIt is enough for a complaint under the Justices Act 1886 against a person for an offence against subsection (1) to state that the document was false or misleading to the person’s knowledge.\ns 298 amd 2003 No. 6 s 103\n(sec.298-ssec.1) A person must not give the commissioner or an adjudicator (each the receiver ) a document containing information the person knows is false or misleading. Maximum penalty—60 penalty units.\n(sec.298-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the receiver, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the receiver.\n(sec.298-ssec.3) It is enough for a complaint under the Justices Act 1886 against a person for an offence against subsection (1) to state that the document was false or misleading to the person’s knowledge.\n- (a) informs the receiver, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the receiver.","sortOrder":495},{"sectionNumber":"sec.299","sectionType":"section","heading":"Public access to information about orders","content":"### sec.299 Public access to information about orders\n\nOn receiving a written application accompanied by the fee prescribed under a regulation, the commissioner must inform the applicant in writing—\nwhether an order has been made within the previous 6 years under this chapter or a corresponding previous law about a community titles scheme mentioned in the application and, if so, the nature and effect of the order; and\nwhether there is, in relation to the scheme, an application that has not been disposed of and, if so, the nature of the application.\nThe commissioner may make any of the following available for inspection by the public—\na copy of an order made at any time under this chapter or a corresponding previous law about a community titles scheme;\nthe reasons for the order.\nFor subsection (2) , the commissioner may publish the order and reasons in an appropriate way, including on the department’s website on the internet.\ns 299 amd 2003 No. 6 s 104\n(sec.299-ssec.1) On receiving a written application accompanied by the fee prescribed under a regulation, the commissioner must inform the applicant in writing— whether an order has been made within the previous 6 years under this chapter or a corresponding previous law about a community titles scheme mentioned in the application and, if so, the nature and effect of the order; and whether there is, in relation to the scheme, an application that has not been disposed of and, if so, the nature of the application.\n(sec.299-ssec.2) The commissioner may make any of the following available for inspection by the public— a copy of an order made at any time under this chapter or a corresponding previous law about a community titles scheme; the reasons for the order.\n(sec.299-ssec.3) For subsection (2) , the commissioner may publish the order and reasons in an appropriate way, including on the department’s website on the internet.\n- (a) whether an order has been made within the previous 6 years under this chapter or a corresponding previous law about a community titles scheme mentioned in the application and, if so, the nature and effect of the order; and\n- (b) whether there is, in relation to the scheme, an application that has not been disposed of and, if so, the nature of the application.\n- (a) a copy of an order made at any time under this chapter or a corresponding previous law about a community titles scheme;\n- (b) the reasons for the order.","sortOrder":496},{"sectionNumber":"sec.300","sectionType":"section","heading":"Appointment of administrator for enforceable money orders","content":"### sec.300 Appointment of administrator for enforceable money orders\n\nThis section applies if the enforcement debtor for an enforceable money order is the body corporate for a community titles scheme.\nA court in which the enforceable money order may be enforced may, on application by the enforcement creditor, by order, appoint an administrator and authorise the administrator to perform the body corporate’s obligations under the money order.\nIf an application for subsection (2) is made in a court (the officiating court ) that is not the court by which the money order was made, the officiating court may appoint an administrator if—\nfor an officiating court that is the Supreme Court—the money order has been filed in the officiating court; or\nfor an officiating court that is the District Court or Magistrates Court—unless the officiating court otherwise orders, the money order has been filed in the officiating court for the district—\nin which scheme land is located; or\nclosest to the court that made the money order.\nIf a court appoints an administrator to perform obligations of the body corporate, anything done by the administrator under the authority given on the appointment for the money order is taken to have been done by the body corporate.\nIn this section—\nenforcement creditor and enforcement debtor see the Uniform Civil Procedure Rules 1999 , section 793 .\ns 300 ins 2003 No. 6 s 105\n(sec.300-ssec.1) This section applies if the enforcement debtor for an enforceable money order is the body corporate for a community titles scheme.\n(sec.300-ssec.2) A court in which the enforceable money order may be enforced may, on application by the enforcement creditor, by order, appoint an administrator and authorise the administrator to perform the body corporate’s obligations under the money order.\n(sec.300-ssec.3) If an application for subsection (2) is made in a court (the officiating court ) that is not the court by which the money order was made, the officiating court may appoint an administrator if— for an officiating court that is the Supreme Court—the money order has been filed in the officiating court; or for an officiating court that is the District Court or Magistrates Court—unless the officiating court otherwise orders, the money order has been filed in the officiating court for the district— in which scheme land is located; or closest to the court that made the money order.\n(sec.300-ssec.4) If a court appoints an administrator to perform obligations of the body corporate, anything done by the administrator under the authority given on the appointment for the money order is taken to have been done by the body corporate.\n(sec.300-ssec.5) In this section— enforcement creditor and enforcement debtor see the Uniform Civil Procedure Rules 1999 , section 793 .\n- (a) for an officiating court that is the Supreme Court—the money order has been filed in the officiating court; or\n- (b) for an officiating court that is the District Court or Magistrates Court—unless the officiating court otherwise orders, the money order has been filed in the officiating court for the district— (i) in which scheme land is located; or (ii) closest to the court that made the money order.\n- (i) in which scheme land is located; or\n- (ii) closest to the court that made the money order.\n- (i) in which scheme land is located; or\n- (ii) closest to the court that made the money order.","sortOrder":497},{"sectionNumber":"sec.301","sectionType":"section","heading":"Appointment of administrator","content":"### sec.301 Appointment of administrator\n\nThis section applies if an order is made under this chapter appointing an administrator.\nThe administrator has the powers given to the administrator under the order.\nWithout limiting subsection (2) , the power may include—\nfor a specified two-lot scheme—power to authorise an item of expenditure for the body corporate to meet the cost of complying with obligations to which the order relates and the costs of the administration; or\nfor a scheme other than a specified two-lot scheme—power to levy a special contribution against the owners of lots included in the scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.\nThe order may—\nwithdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120 , or stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and\nrequire officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and\nfix the administrator’s remuneration.\nThe administrator’s remuneration must be paid by the body corporate.\nThis section does not apply to the enforcement of a monetary obligation of the body corporate arising under another Act unless it is an enforceable money order.\ns 301 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 37\n(sec.301-ssec.1) This section applies if an order is made under this chapter appointing an administrator.\n(sec.301-ssec.2) The administrator has the powers given to the administrator under the order.\n(sec.301-ssec.3) Without limiting subsection (2) , the power may include— for a specified two-lot scheme—power to authorise an item of expenditure for the body corporate to meet the cost of complying with obligations to which the order relates and the costs of the administration; or for a scheme other than a specified two-lot scheme—power to levy a special contribution against the owners of lots included in the scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.\n(sec.301-ssec.4) The order may— withdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120 , or stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and require officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and fix the administrator’s remuneration.\n(sec.301-ssec.5) The administrator’s remuneration must be paid by the body corporate.\n(sec.301-ssec.6) This section does not apply to the enforcement of a monetary obligation of the body corporate arising under another Act unless it is an enforceable money order.\n- (a) for a specified two-lot scheme—power to authorise an item of expenditure for the body corporate to meet the cost of complying with obligations to which the order relates and the costs of the administration; or\n- (b) for a scheme other than a specified two-lot scheme—power to levy a special contribution against the owners of lots included in the scheme to meet the cost of complying with obligations to which the order relates and the costs of the administration.\n- (a) withdraw all or particular stated powers from the body corporate, a body corporate manager to whom a power has been given under section 119 or 120 , or stated officers of the body corporate until the administrator has taken the necessary action to secure compliance with the obligations; and\n- (b) require officers of the body corporate or a body corporate manager mentioned in paragraph (a) to take stated action to help perform the work the administrator is required to perform; and\n- (c) fix the administrator’s remuneration.","sortOrder":498},{"sectionNumber":"sec.302","sectionType":"section","heading":"Magistrates Court in which proceeding lies","content":"### sec.302 Magistrates Court in which proceeding lies\n\nA proceeding under this chapter for enforcement of an adjudicator’s order must be taken in the Magistrates Court for a Magistrates Court district in which scheme land is situated.","sortOrder":499},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"External review of decisions","content":"# External review of decisions","sortOrder":500},{"sectionNumber":"sec.303","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.303 Definitions for pt 1\n\nIn this part—\naggrieved person , for a decision, means—\nthe applicant for the application for which the decision was made; or\nfor a decision substituting a person as a relevant person for the application—the person who is the substitute.\ns 303 def aggrieved person sub 2003 No. 6 s 106 ; 2007 No. 11 s 65\napplication means an application made under chapter 6 for the resolution of a dispute.\ns 303 def application ins 2003 No. 6 s 106\ndecision means any of the following actions taken by the commissioner on an application—\nthe rejection of the application;\nthe withholding of permission to change the application;\nthe imposition of conditions on permission to change the application;\nthe substitution of a person as a relevant person for the application.\ns 303 def decision amd 1997 No. 78 s 23 (3)\nsub 2003 No. 6 s 106 ; 2007 No. 11 s 65\ndecision maker ...\ns 303 def decision maker sub 2003 No. 6 s 106\nom 2007 No. 11 s 65 (1)\ns 303 amd 1997 No. 78 s 23\nsub 2003 No. 6 s 106\n- (a) the applicant for the application for which the decision was made; or\n- (b) for a decision substituting a person as a relevant person for the application—the person who is the substitute.\n- (a) the rejection of the application;\n- (b) the withholding of permission to change the application;\n- (c) the imposition of conditions on permission to change the application;\n- (d) the substitution of a person as a relevant person for the application.","sortOrder":501},{"sectionNumber":"sec.304","sectionType":"section","heading":"External review of decisions","content":"### sec.304 External review of decisions\n\nThe aggrieved person for a decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 304 amd 1999 No. 19 s 3 sch\nsub 2009 No. 24 s 381","sortOrder":502},{"sectionNumber":"sec.305","sectionType":"section","heading":null,"content":"### Section sec.305\n\ns 305 amd 1999 No. 19 s 3 sch ; 2007 No. 11 s 3 sch\nom 2009 No. 24 s 381","sortOrder":503},{"sectionNumber":"sec.306","sectionType":"section","heading":"Time for applying for external review","content":"### sec.306 Time for applying for external review\n\nAn application for review to QCAT must be made within 6 weeks after the aggrieved person receives a QCAT information notice.\ns 306 amd 1999 No. 19 s 3 sch ; 2009 No. 24 s 382","sortOrder":504},{"sectionNumber":"sec.307","sectionType":"section","heading":null,"content":"### Section sec.307\n\ns 307 amd 2007 No. 11 s 3 sch\nom 2009 No. 24 s 383","sortOrder":505},{"sectionNumber":"sec.308","sectionType":"section","heading":null,"content":"### Section sec.308\n\ns 308 amd 1999 No. 19 s 3 sch ; 2007 No. 11 s 3 sch\nom 2009 No. 24 s 383","sortOrder":506},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":507},{"sectionNumber":"sec.309","sectionType":"section","heading":"Associates","content":"### sec.309 Associates\n\nFor this Act, a person is associated with someone else if—\na relationship of a type to which this section applies exists between them; or\na series of relationships of a type to which this section applies can be traced between them through another person or other persons.\nThis section applies to relationships of the following types—\nmarriage, de facto relationship or civil partnership;\nthe relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\npartnership;\nthe relationship of employer and employee;\na fiduciary relationship;\nthe relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\nthe relationship of a corporation and executive officer of the corporation;\nthe relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.\nDespite subsection (2) (e) and (f) , the owner of a lot in a community titles scheme and a letting agent for the scheme are not associated merely because of their relationship as owner and letting agent.\nIn subsection (2) —\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 309 amd 2003 No. 6 s 107 ; 2007 No. 11 s 3 sch ; 2011 No. 46 s 47 ; 2012 No. 12 s 59 sch pt 2 ; 2015 No. 33 s 52 (2) sch pt 2\n(sec.309-ssec.1) For this Act, a person is associated with someone else if— a relationship of a type to which this section applies exists between them; or a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n(sec.309-ssec.2) This section applies to relationships of the following types— marriage, de facto relationship or civil partnership; the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; partnership; the relationship of employer and employee; a fiduciary relationship; the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; the relationship of a corporation and executive officer of the corporation; the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.\n(sec.309-ssec.3) Despite subsection (2) (e) and (f) , the owner of a lot in a community titles scheme and a letting agent for the scheme are not associated merely because of their relationship as owner and letting agent.\n(sec.309-ssec.4) In subsection (2) — executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) a relationship of a type to which this section applies exists between them; or\n- (b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n- (a) marriage, de facto relationship or civil partnership;\n- (b) the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\n- (c) partnership;\n- (d) the relationship of employer and employee;\n- (e) a fiduciary relationship;\n- (f) the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\n- (g) the relationship of a corporation and executive officer of the corporation;\n- (h) the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.","sortOrder":508},{"sectionNumber":"sec.309A","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.309A Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof an individual—an employee or agent of the individual; or\nof an unincorporated body—a member of the body, or an employee or agent of the body; or\nof a partnership—a partner, employee or agent of the partnership; or\nof a corporation—an executive officer, employee or agent of the corporation.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 309A ins 2014 No. 46 s 20\n(sec.309A-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.309A-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.309A-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.309A-ssec.4) In this section— representative means— of an individual—an employee or agent of the individual; or of an unincorporated body—a member of the body, or an employee or agent of the body; or of a partnership—a partner, employee or agent of the partnership; or of a corporation—an executive officer, employee or agent of the corporation. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of an individual—an employee or agent of the individual; or\n- (b) of an unincorporated body—a member of the body, or an employee or agent of the body; or\n- (c) of a partnership—a partner, employee or agent of the partnership; or\n- (d) of a corporation—an executive officer, employee or agent of the corporation.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":509},{"sectionNumber":"sec.310","sectionType":"section","heading":"Protection of persons dealing with body corporate","content":"### sec.310 Protection of persons dealing with body corporate\n\nIf a person, honestly and without notice of an irregularity, enters into a transaction with a member of the committee for the body corporate for a community titles scheme or a person who has apparent authority to bind the body corporate, the transaction is valid and binding on the body corporate.","sortOrder":510},{"sectionNumber":"sec.311","sectionType":"section","heading":"Body corporate to be taken to be owner of parcel for certain Acts etc.","content":"### sec.311 Body corporate to be taken to be owner of parcel for certain Acts etc.\n\nThe body corporate for a community titles scheme is taken to be the owner of the scheme land for the following Acts—\nLand Act 1994\nNeighbourhood Disputes (Dividing Fences and Trees) Act 2011 .\nFor applying subsection (1) to a layered arrangement of community titles schemes, the body corporate for the principal scheme for the arrangement, and not the bodies corporate for the community titles schemes that are subsidiary schemes for the principal scheme, is taken to be the owner of scheme land for the principal scheme.\nHowever, for the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , owners of adjoining lots included in a community titles scheme are taken to be the owners of adjoining land.\nA layered arrangement of community titles schemes consists of a principal scheme ( scheme A ) which in turn includes 2 basic schemes ( scheme B and scheme C ), and, of course, the common property for scheme A.\nIf a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme A and a lot ( lot X ) that is not scheme land for scheme A or another community titles scheme, the owners are the body corporate for scheme A and the registered owner of lot X.\nIf a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme B and scheme land for scheme C, the owners are the body corporate for scheme B and the body corporate for scheme C. This will apply even if the length of boundary that is of concern happens also to be the boundary between a lot included in scheme B and a lot included in scheme C.\nIf a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between a lot ( lot Y ) included in scheme B and another lot ( lot Z ) included in scheme B, the owners are the owner of lot Y and the owner of lot Z.\ns 311 amd 2011 No. 25 s 105 sch 1 pt 2 ; 2013 No. 3 s 60 sch 1\n(sec.311-ssec.1) The body corporate for a community titles scheme is taken to be the owner of the scheme land for the following Acts— Land Act 1994 Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 .\n(sec.311-ssec.2) For applying subsection (1) to a layered arrangement of community titles schemes, the body corporate for the principal scheme for the arrangement, and not the bodies corporate for the community titles schemes that are subsidiary schemes for the principal scheme, is taken to be the owner of scheme land for the principal scheme.\n(sec.311-ssec.3) However, for the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , owners of adjoining lots included in a community titles scheme are taken to be the owners of adjoining land. A layered arrangement of community titles schemes consists of a principal scheme ( scheme A ) which in turn includes 2 basic schemes ( scheme B and scheme C ), and, of course, the common property for scheme A. If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme A and a lot ( lot X ) that is not scheme land for scheme A or another community titles scheme, the owners are the body corporate for scheme A and the registered owner of lot X. If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme B and scheme land for scheme C, the owners are the body corporate for scheme B and the body corporate for scheme C. This will apply even if the length of boundary that is of concern happens also to be the boundary between a lot included in scheme B and a lot included in scheme C. If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between a lot ( lot Y ) included in scheme B and another lot ( lot Z ) included in scheme B, the owners are the owner of lot Y and the owner of lot Z.\n- • Land Act 1994\n- • Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 .\n- • If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme A and a lot ( lot X ) that is not scheme land for scheme A or another community titles scheme, the owners are the body corporate for scheme A and the registered owner of lot X.\n- • If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme B and scheme land for scheme C, the owners are the body corporate for scheme B and the body corporate for scheme C. This will apply even if the length of boundary that is of concern happens also to be the boundary between a lot included in scheme B and a lot included in scheme C.\n- • If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between a lot ( lot Y ) included in scheme B and another lot ( lot Z ) included in scheme B, the owners are the owner of lot Y and the owner of lot Z.","sortOrder":511},{"sectionNumber":"sec.312","sectionType":"section","heading":"Proceedings","content":"### sec.312 Proceedings\n\nThe body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by—\nif the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or\notherwise—special resolution by the body corporate.\nHowever, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding.\nAlso, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding.\nIn this section—\nprescribed proceeding , for a community titles scheme, means—\na proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or\na counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or\na proceeding for an offence under chapter 3 , part 5 , division 4 ; or\na proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 .\ns 312 amd 2003 No. 6 s 3 sch ; 2011 No. 9 s 38\n(sec.312-ssec.1) The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by— if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or otherwise—special resolution by the body corporate.\n(sec.312-ssec.2) However, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding.\n(sec.312-ssec.3) Also, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding.\n(sec.312-ssec.4) In this section— prescribed proceeding , for a community titles scheme, means— a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 ; or a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 .\n- (a) if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or\n- (b) otherwise—special resolution by the body corporate.\n- (a) a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or\n- (b) a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or\n- (c) a proceeding for an offence under chapter 3 , part 5 , division 4 ; or\n- (d) a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6 .","sortOrder":512},{"sectionNumber":"sec.313","sectionType":"section","heading":"Representation in planning proceedings","content":"### sec.313 Representation in planning proceedings\n\nThe body corporate for a community titles scheme may represent the owners of lots included in the scheme in a proceeding under the Planning Act or the Planning and Environment Court Act 2016 .\nHowever, this section does not prevent a lot owner who wants to be separately represented in the proceeding from exercising a right to be separately represented.\ns 313 amd 2007 No. 41 s 146L ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 34\n(sec.313-ssec.1) The body corporate for a community titles scheme may represent the owners of lots included in the scheme in a proceeding under the Planning Act or the Planning and Environment Court Act 2016 .\n(sec.313-ssec.2) However, this section does not prevent a lot owner who wants to be separately represented in the proceeding from exercising a right to be separately represented.","sortOrder":513},{"sectionNumber":"sec.313A","sectionType":"section","heading":"Application under ch 6 or QCAT Act by group of lot owners or occupiers","content":"### sec.313A Application under ch 6 or QCAT Act by group of lot owners or occupiers\n\nThis section applies if a provision of this Act enables an owner or occupier of a lot included in a community titles scheme to apply—\nunder chapter 6 for the resolution of a dispute; or\nunder the QCAT Act for an order of QCAT for the resolution of a dispute.\nA group of owners or occupiers of lots included in the scheme each of whom may make an application as mentioned in the provision for resolution of a dispute arising out of the same or similar facts or circumstances may make a joint application for resolution of the dispute.\ns 313A ins 2007 No. 11 s 66\namd 2009 No. 24 s 384\n(sec.313A-ssec.1) This section applies if a provision of this Act enables an owner or occupier of a lot included in a community titles scheme to apply— under chapter 6 for the resolution of a dispute; or under the QCAT Act for an order of QCAT for the resolution of a dispute.\n(sec.313A-ssec.2) A group of owners or occupiers of lots included in the scheme each of whom may make an application as mentioned in the provision for resolution of a dispute arising out of the same or similar facts or circumstances may make a joint application for resolution of the dispute.\n- (a) under chapter 6 for the resolution of a dispute; or\n- (b) under the QCAT Act for an order of QCAT for the resolution of a dispute.","sortOrder":514},{"sectionNumber":"sec.314","sectionType":"section","heading":"Liability of owners for monetary obligations of body corporate","content":"### sec.314 Liability of owners for monetary obligations of body corporate\n\nIn a proceeding by or against the body corporate for a community titles scheme, a court may order that an amount payable under a judgment or order against the body corporate be paid by the owners of particular lots included in the scheme in proportions fixed by the court.\nIf an order is sought under subsection (1) against the owner of a lot who is not a party to the proceeding, the owner must be joined as a party.\ns 314 amd 2003 No. 6 s 3 sch\n(sec.314-ssec.1) In a proceeding by or against the body corporate for a community titles scheme, a court may order that an amount payable under a judgment or order against the body corporate be paid by the owners of particular lots included in the scheme in proportions fixed by the court.\n(sec.314-ssec.2) If an order is sought under subsection (1) against the owner of a lot who is not a party to the proceeding, the owner must be joined as a party.","sortOrder":515},{"sectionNumber":"sec.315","sectionType":"section","heading":"Service of notices etc.","content":"### sec.315 Service of notices etc.\n\nA notice, legal process or other document is served personally on the body corporate for a community titles scheme if served personally on—\nfor the body corporate for a specified two-lot scheme—1 or more of the owners of the lots included in the scheme; or\nfor the body corporate for another community titles scheme—the secretary or, in the absence of the secretary, another member of the committee for the body corporate.\nThe body corporate must—\ngive the registrar notice of the body corporate’s address for service; and\nif the address for service changes—give the registrar notice of the new address within 30 days after the change.\nThe address for service of the body corporate is the address given to the registrar under subsection (2) and recorded by the registrar on the indefeasible title for the common property as the body corporate’s address for service.\nHowever, if the body corporate does not give the registrar notice of the body corporate’s address for service, the body corporate’s address for service is the address of the scheme land.\nThe address for service of the owner of a lot included in the scheme (other than a lot that is a community titles scheme) is the owner’s address as recorded in the records of the body corporate or, if no address is recorded, the address of the lot.\nThe Acts Interpretation Act 1954 , section 39 also makes provision for service.\ns 315 amd 2011 No. 9 s 3 sch ; 2011 No. 9 s 39 ; 2023 No. 29 s 38\n(sec.315-ssec.1) A notice, legal process or other document is served personally on the body corporate for a community titles scheme if served personally on— for the body corporate for a specified two-lot scheme—1 or more of the owners of the lots included in the scheme; or for the body corporate for another community titles scheme—the secretary or, in the absence of the secretary, another member of the committee for the body corporate.\n(sec.315-ssec.2) The body corporate must— give the registrar notice of the body corporate’s address for service; and if the address for service changes—give the registrar notice of the new address within 30 days after the change.\n(sec.315-ssec.2A) The address for service of the body corporate is the address given to the registrar under subsection (2) and recorded by the registrar on the indefeasible title for the common property as the body corporate’s address for service.\n(sec.315-ssec.3) However, if the body corporate does not give the registrar notice of the body corporate’s address for service, the body corporate’s address for service is the address of the scheme land.\n(sec.315-ssec.4) The address for service of the owner of a lot included in the scheme (other than a lot that is a community titles scheme) is the owner’s address as recorded in the records of the body corporate or, if no address is recorded, the address of the lot. The Acts Interpretation Act 1954 , section 39 also makes provision for service.\n- (a) for the body corporate for a specified two-lot scheme—1 or more of the owners of the lots included in the scheme; or\n- (b) for the body corporate for another community titles scheme—the secretary or, in the absence of the secretary, another member of the committee for the body corporate.\n- (a) give the registrar notice of the body corporate’s address for service; and\n- (b) if the address for service changes—give the registrar notice of the new address within 30 days after the change.","sortOrder":516},{"sectionNumber":"sec.315A","sectionType":"section","heading":"Giving documents or information to persons","content":"### sec.315A Giving documents or information to persons\n\nThis section applies if, under this Act, a body corporate for a community titles scheme must give a document or other information to an owner of a lot or other person whose address for service is required to be given to the body corporate under the Act .\nThe document or information must be given to the owner or other person in the way prescribed under the regulation module applying to the scheme.\ns 315A ins 2023 No. 29 s 39\n(sec.315A-ssec.1) This section applies if, under this Act, a body corporate for a community titles scheme must give a document or other information to an owner of a lot or other person whose address for service is required to be given to the body corporate under the Act .\n(sec.315A-ssec.2) The document or information must be given to the owner or other person in the way prescribed under the regulation module applying to the scheme.","sortOrder":517},{"sectionNumber":"sec.316","sectionType":"section","heading":"Powers of entry by local government, utility service provider or other authorised entity","content":"### sec.316 Powers of entry by local government, utility service provider or other authorised entity\n\nA local government or other entity authorised under an Act to enter a lot included in a community titles scheme to exercise a power conferred on it may enter the common property for the scheme if it is necessary to do so to exercise the power.\nAn employee or agent of a utility service provider may enter the common property at all reasonable times if the entry is necessary to—\ninstall, repair, remove, replace or inspect the service provider’s infrastructure on the property; or\nread an infrastructure supply measuring device on the property; or\ninvestigate the future placement, removal, repair or replacement of utility service infrastructure on the property.\ns 316 amd 2003 No. 6 s 108\n(sec.316-ssec.1) A local government or other entity authorised under an Act to enter a lot included in a community titles scheme to exercise a power conferred on it may enter the common property for the scheme if it is necessary to do so to exercise the power.\n(sec.316-ssec.2) An employee or agent of a utility service provider may enter the common property at all reasonable times if the entry is necessary to— install, repair, remove, replace or inspect the service provider’s infrastructure on the property; or read an infrastructure supply measuring device on the property; or investigate the future placement, removal, repair or replacement of utility service infrastructure on the property.\n- (a) install, repair, remove, replace or inspect the service provider’s infrastructure on the property; or\n- (b) read an infrastructure supply measuring device on the property; or\n- (c) investigate the future placement, removal, repair or replacement of utility service infrastructure on the property.","sortOrder":518},{"sectionNumber":"sec.317","sectionType":"section","heading":"Restriction on irrevocable powers of attorney","content":"### sec.317 Restriction on irrevocable powers of attorney\n\nThis section applies if a power is conferred on, or exercisable by, a relevant person for a community titles scheme under a power of attorney that—\nis given by the owner of a lot included in the scheme; and\nis stated to be irrevocable.\nThe relevant person must not exercise, or purport to exercise, the power for any matter relating to the scheme, including the owner’s rights under this Act.\nMaximum penalty—100 penalty units.\nHowever, the relevant person does not contravene subsection (2) if—\nthe owner gives the power of attorney under section 211 or 219 ; or\nthe power of attorney is contained in a registered security document, including a mortgage registered under the Land Title Act , and the power is exercised solely for acting under the security.\nIn this section—\nrelevant person , for a community titles scheme, means 1 of the following who is not a relative of the lot owner—\nthe original owner;\na body corporate manager, service contractor or letting agent;\nan associate of a person mentioned in paragraph (a) or (b) .\ns 317 ins 2003 No. 6 s 109\n(sec.317-ssec.1) This section applies if a power is conferred on, or exercisable by, a relevant person for a community titles scheme under a power of attorney that— is given by the owner of a lot included in the scheme; and is stated to be irrevocable.\n(sec.317-ssec.2) The relevant person must not exercise, or purport to exercise, the power for any matter relating to the scheme, including the owner’s rights under this Act. Maximum penalty—100 penalty units.\n(sec.317-ssec.3) However, the relevant person does not contravene subsection (2) if— the owner gives the power of attorney under section 211 or 219 ; or the power of attorney is contained in a registered security document, including a mortgage registered under the Land Title Act , and the power is exercised solely for acting under the security.\n(sec.317-ssec.4) In this section— relevant person , for a community titles scheme, means 1 of the following who is not a relative of the lot owner— the original owner; a body corporate manager, service contractor or letting agent; an associate of a person mentioned in paragraph (a) or (b) .\n- (a) is given by the owner of a lot included in the scheme; and\n- (b) is stated to be irrevocable.\n- (a) the owner gives the power of attorney under section 211 or 219 ; or\n- (b) the power of attorney is contained in a registered security document, including a mortgage registered under the Land Title Act , and the power is exercised solely for acting under the security.\n- (a) the original owner;\n- (b) a body corporate manager, service contractor or letting agent;\n- (c) an associate of a person mentioned in paragraph (a) or (b) .","sortOrder":519},{"sectionNumber":"sec.318","sectionType":"section","heading":"Prevention of contracting out","content":"### sec.318 Prevention of contracting out\n\nA person can not waive, or limit the exercise of, rights under this Act or contract out of the provisions of this Act.\ns 318 amd 2003 No. 6 s 110","sortOrder":520},{"sectionNumber":"sec.319","sectionType":"section","heading":"Fees","content":"### sec.319 Fees\n\nThe fees prescribed under a regulation are payable under this Act.\nIn particular, fees prescribed under a regulation module are payable under this Act for matters about a community titles scheme to which the regulation module applies.\nThe commissioner may, for proper reason, remit a fee payable on an application to the commissioner under this Act.\n(sec.319-ssec.1) The fees prescribed under a regulation are payable under this Act.\n(sec.319-ssec.2) In particular, fees prescribed under a regulation module are payable under this Act for matters about a community titles scheme to which the regulation module applies.\n(sec.319-ssec.3) The commissioner may, for proper reason, remit a fee payable on an application to the commissioner under this Act.","sortOrder":521},{"sectionNumber":"sec.320","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.320 Chief executive may approve forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":522},{"sectionNumber":"sec.321","sectionType":"section","heading":"References to body corporate managers and service contractors","content":"### sec.321 References to body corporate managers and service contractors\n\nIn this Act, a reference to a person as a body corporate manager or service contractor includes a reference to the person’s personal representatives, successors and assignees.","sortOrder":523},{"sectionNumber":"sec.321A","sectionType":"section","heading":"Changing financial year","content":"### sec.321A Changing financial year\n\nA body corporate for a community titles scheme may, by ordinary resolution at a general meeting, change the financial year for the body corporate and adopt a new 12-month period (the new period ) as the financial year for the body corporate.\nHowever, a body corporate may only adopt a new period once within a five-year period.\nFor subsection (2) , the five-year period commences on the day the new period commences.\ns 321A ins 2023 No. 29 s 40\n(sec.321A-ssec.1) A body corporate for a community titles scheme may, by ordinary resolution at a general meeting, change the financial year for the body corporate and adopt a new 12-month period (the new period ) as the financial year for the body corporate.\n(sec.321A-ssec.2) However, a body corporate may only adopt a new period once within a five-year period.\n(sec.321A-ssec.3) For subsection (2) , the five-year period commences on the day the new period commences.","sortOrder":524},{"sectionNumber":"sec.322","sectionType":"section","heading":"Regulation-making power","content":"### sec.322 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\nHowever, a regulation may impose a penalty of not more than 150 penalty units for a contravention of a provision about the following—\nmisusing a proxy or otherwise voting on behalf of a person without authority;\nfailure of an original owner to comply with obligations relating to the first annual general meeting;\nfailure of an original owner for a specified two-lot scheme to comply with obligations relating to handing over documents and materials to the body corporate after the original owner stops being an owner of a lot included in the scheme.\ns 322 amd 1997 No. 78 s 25 (1) , (2) (retro)\n(4)–(5) exp 13 January 1998 (see s 268(5))\namd 2011 No. 9 s 40\n(sec.322-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.322-ssec.2) A regulation may impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.\n(sec.322-ssec.3) However, a regulation may impose a penalty of not more than 150 penalty units for a contravention of a provision about the following— misusing a proxy or otherwise voting on behalf of a person without authority; failure of an original owner to comply with obligations relating to the first annual general meeting; failure of an original owner for a specified two-lot scheme to comply with obligations relating to handing over documents and materials to the body corporate after the original owner stops being an owner of a lot included in the scheme.\n- (a) misusing a proxy or otherwise voting on behalf of a person without authority;\n- (b) failure of an original owner to comply with obligations relating to the first annual general meeting;\n- (c) failure of an original owner for a specified two-lot scheme to comply with obligations relating to handing over documents and materials to the body corporate after the original owner stops being an owner of a lot included in the scheme.","sortOrder":525},{"sectionNumber":"sec.323","sectionType":"section","heading":"Regulation-making power—lease-back scheme","content":"### sec.323 Regulation-making power—lease-back scheme\n\nThe regulation module applying to a lease-back scheme may provide for—\nthe assignment of the powers and functions of the owners of lots included in the scheme to the lease-back scheme operator; or\nthe extent to which the powers and functions of the owners of lots included in the scheme may be assumed by the lease-back scheme operator.\n- (a) the assignment of the powers and functions of the owners of lots included in the scheme to the lease-back scheme operator; or\n- (b) the extent to which the powers and functions of the owners of lots included in the scheme may be assumed by the lease-back scheme operator.","sortOrder":526},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":527},{"sectionNumber":"sec.323A","sectionType":"section","heading":null,"content":"### Section sec.323A\n\ns 323A ins 2020 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":528},{"sectionNumber":"sec.323B","sectionType":"section","heading":null,"content":"### Section sec.323B\n\ns 323B ins 2020 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":529},{"sectionNumber":"sec.323C","sectionType":"section","heading":null,"content":"### Section sec.323C\n\ns 323C ins 2020 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":530},{"sectionNumber":"sec.323D","sectionType":"section","heading":null,"content":"### Section sec.323D\n\ns 323D ins 2020 No. 16 s 4\namd 2021 No. 8 s 3\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":531},{"sectionNumber":"sec.323E","sectionType":"section","heading":null,"content":"### Section sec.323E\n\ns 323E ins 2020 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":532},{"sectionNumber":"sec.323F","sectionType":"section","heading":null,"content":"### Section sec.323F\n\ns 323F ins 2020 No. 16 s 4\namd 2020 No. 38 s 37 (2) ; 2021 No. 8 s 4 ; 2021 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":533},{"sectionNumber":"sec.323G","sectionType":"section","heading":null,"content":"### Section sec.323G\n\ns 323G ins 2020 No. 16 s 4\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":534},{"sectionNumber":"sec.323H","sectionType":"section","heading":null,"content":"### Section sec.323H\n\ns 323H ins 2020 No. 16 s 4\namd 2021 No. 8 s 5\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":535},{"sectionNumber":"sec.323I","sectionType":"section","heading":null,"content":"### Section sec.323I\n\ns 323I ins 2020 No. 16 s 4\namd 2020 No. 38 s 37 (1)\nexp 30 April 2022 (see s 323I)\nAIA s 20A applies (see s 445(2))","sortOrder":536},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Transition from 1980 Act","content":"# Transition from 1980 Act","sortOrder":537},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":538},{"sectionNumber":"sec.324","sectionType":"section","heading":"Purpose of pt 1","content":"### sec.324 Purpose of pt 1\n\nThe purpose of this part is to provide for—\ntransition from the 1980 Act; and\nother matters of a savings or transitional nature, including a limited continuing operation of the 1980 Act.\ns 324 amd 2003 No. 6 s 3 sch\n- (a) transition from the 1980 Act; and\n- (b) other matters of a savings or transitional nature, including a limited continuing operation of the 1980 Act.","sortOrder":539},{"sectionNumber":"sec.325","sectionType":"section","heading":"Approach adopted","content":"### sec.325 Approach adopted\n\nThe approach adopted in this part is—\non the commencement of this part, community titles schemes are established in place of building units plans and group titles plans under the 1980 Act; and\nbuilding units plans and group titles plans are no longer to be registered under the 1980 Act, and instead, community titles schemes are to be established under this Act.\nHowever, the 1980 Act continues in force for—\nbuilding units plans and group titles plans registered under the 1980 Act, if their registration under the 1980 Act was for a specified Act; and\nbuilding units plans and group titles plans registered after the commencement, if their registration is for a specified Act; and\nthe registration of building units plans and group titles plans lodged for registration before the commencement, or within a limited time after the commencement, except that, once registered, community titles schemes are established in place of the building units plans and group titles plans.\n(sec.325-ssec.1) The approach adopted in this part is— on the commencement of this part, community titles schemes are established in place of building units plans and group titles plans under the 1980 Act; and building units plans and group titles plans are no longer to be registered under the 1980 Act, and instead, community titles schemes are to be established under this Act.\n(sec.325-ssec.2) However, the 1980 Act continues in force for— building units plans and group titles plans registered under the 1980 Act, if their registration under the 1980 Act was for a specified Act; and building units plans and group titles plans registered after the commencement, if their registration is for a specified Act; and the registration of building units plans and group titles plans lodged for registration before the commencement, or within a limited time after the commencement, except that, once registered, community titles schemes are established in place of the building units plans and group titles plans.\n- (a) on the commencement of this part, community titles schemes are established in place of building units plans and group titles plans under the 1980 Act; and\n- (b) building units plans and group titles plans are no longer to be registered under the 1980 Act, and instead, community titles schemes are to be established under this Act.\n- (a) building units plans and group titles plans registered under the 1980 Act, if their registration under the 1980 Act was for a specified Act; and\n- (b) building units plans and group titles plans registered after the commencement, if their registration is for a specified Act; and\n- (c) the registration of building units plans and group titles plans lodged for registration before the commencement, or within a limited time after the commencement, except that, once registered, community titles schemes are established in place of the building units plans and group titles plans.","sortOrder":540},{"sectionNumber":"sec.326","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.326 Definitions for pt 1\n\nIn this part—\n1980 Act means the Building Units and Group Titles Act 1980 .\n1980 Act plan means an existing 1980 Act plan or a future 1980 Act plan.\ncommencement means the commencement of this part.\nexisting 1980 Act plan means—\na former building units plan or former group titles plan within the meaning of section 5 (1) of the 1980 Act; or\na building units plan or group titles plan registered under the 1980 Act;\nto which, immediately before the commencement, the 1980 Act applied, other than a building units plan or group titles plan registered under the 1980 Act but brought into existence for a specified Act.\nfuture 1980 Act plan means a building units plan or group titles plan registered under the 1980 Act after the commencement, other than a building units plan or group titles plan brought into existence for a specified Act.\nnew scheme means the community titles scheme established under this part for a 1980 Act plan.\nspecified Act means—\nthe Integrated Resort Development Act 1987 ; or\nthe Mixed Use Development Act 1993 ; or\nthe Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or\nthe Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or\nthe Sanctuary Cove Resort Act 1985 .\n- (a) a former building units plan or former group titles plan within the meaning of section 5 (1) of the 1980 Act; or\n- (b) a building units plan or group titles plan registered under the 1980 Act;\n- (a) the Integrated Resort Development Act 1987 ; or\n- (b) the Mixed Use Development Act 1993 ; or\n- (c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or\n- (d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or\n- (e) the Sanctuary Cove Resort Act 1985 .","sortOrder":541},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Limited continuing operation of 1980 Act","content":"## Limited continuing operation of 1980 Act","sortOrder":542},{"sectionNumber":"sec.327","sectionType":"section","heading":"Application of 1980 Act to plan other than for specified Act","content":"### sec.327 Application of 1980 Act to plan other than for specified Act\n\nThis section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is not a plan for a specified Act.\nIf the plan was lodged for registration under the 1980 Act before the commencement, it may be registered under the 1980 Act after the commencement.\nIf the plan is lodged for registration after the commencement, it may be registered under the 1980 Act if the plan is lodged for registration within—\n6 months after the commencement; or\na longer period after the commencement the registrar considers in the circumstances to be reasonable.\nHowever, if the plan has not been registered within 3 years after the commencement, the registrar must reject the plan.\nAn instrument executed for the purpose of the plan before the commencement may be registered under the 1980 Act.\n(sec.327-ssec.1) This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is not a plan for a specified Act.\n(sec.327-ssec.2) If the plan was lodged for registration under the 1980 Act before the commencement, it may be registered under the 1980 Act after the commencement.\n(sec.327-ssec.3) If the plan is lodged for registration after the commencement, it may be registered under the 1980 Act if the plan is lodged for registration within— 6 months after the commencement; or a longer period after the commencement the registrar considers in the circumstances to be reasonable.\n(sec.327-ssec.4) However, if the plan has not been registered within 3 years after the commencement, the registrar must reject the plan.\n(sec.327-ssec.5) An instrument executed for the purpose of the plan before the commencement may be registered under the 1980 Act.\n- (a) 6 months after the commencement; or\n- (b) a longer period after the commencement the registrar considers in the circumstances to be reasonable.","sortOrder":543},{"sectionNumber":"sec.328","sectionType":"section","heading":"Application of 1980 Act to plan for specified Act","content":"### sec.328 Application of 1980 Act to plan for specified Act\n\nThis section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is a plan for a specified Act.\nIf the plan was registered before the commencement, the 1980 Act continues to apply to the plan after the commencement, subject to the specified Act.\nIf the plan was lodged for registration under the 1980 Act before the commencement—\nit may be registered under the 1980 Act after the commencement; and\nthe 1980 Act applies to the plan on and from the commencement, subject to the specified Act.\nIf the plan is lodged for registration under the 1980 Act after the commencement—\nit may be registered under the 1980 Act; and\nthe 1980 Act applies to the plan on and from its registration, subject to the specified Act.\nAn instrument executed for the purpose of the plan, whether before or after the commencement, may be registered under the 1980 Act.\n(sec.328-ssec.1) This section applies to a building units plan or group titles plan (within the meaning of the 1980 Act) that is a plan for a specified Act.\n(sec.328-ssec.2) If the plan was registered before the commencement, the 1980 Act continues to apply to the plan after the commencement, subject to the specified Act.\n(sec.328-ssec.3) If the plan was lodged for registration under the 1980 Act before the commencement— it may be registered under the 1980 Act after the commencement; and the 1980 Act applies to the plan on and from the commencement, subject to the specified Act.\n(sec.328-ssec.4) If the plan is lodged for registration under the 1980 Act after the commencement— it may be registered under the 1980 Act; and the 1980 Act applies to the plan on and from its registration, subject to the specified Act.\n(sec.328-ssec.5) An instrument executed for the purpose of the plan, whether before or after the commencement, may be registered under the 1980 Act.\n- (a) it may be registered under the 1980 Act after the commencement; and\n- (b) the 1980 Act applies to the plan on and from the commencement, subject to the specified Act.\n- (a) it may be registered under the 1980 Act; and\n- (b) the 1980 Act applies to the plan on and from its registration, subject to the specified Act.","sortOrder":544},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Saving existing 1980 Act plans","content":"## Saving existing 1980 Act plans","sortOrder":545},{"sectionNumber":"sec.329","sectionType":"section","heading":"Application of div 3","content":"### sec.329 Application of div 3\n\nThis division applies to each existing 1980 Act plan (the existing plan ).","sortOrder":546},{"sectionNumber":"sec.330","sectionType":"section","heading":"Existing plan","content":"### sec.330 Existing plan\n\nOn the commencement, a community titles scheme (the new scheme ) is established for the existing plan.\nThe new scheme is a basic scheme.\nEach lot in the existing plan becomes a lot included in the new scheme.\nThe scheme land for the new scheme is all the land included in the parcel for the existing plan.\nEach item of additional common property under the 1980 Act, part 2 , division 2 for the existing plan (other than an item of additional common property acquired as freehold land and incorporated into the parcel for the existing plan) becomes a body corporate asset for the new scheme, and an exclusive use by-law applying to the item and having continuing effect under this part is taken to apply to the item as a body corporate asset.\nThe body corporate under the 1980 Act for the existing plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.\nA person holding office as the chairperson, secretary, treasurer, or a member of the committee, of the body corporate for the existing plan immediately before the commencement continues, subject to this Act, in the corresponding office under this Act as if elected or appointed to the office under this Act.\nA procedural step taken towards the calling of a general meeting of the body corporate for the existing plan or a meeting of its committee before the commencement is validly taken under this Act if taken in accordance with the law then in force.\nThe financial year for the new scheme is, unless the first annual general meeting has not been held for the existing plan—\neach year ending on the last day of the month containing the anniversary of the first annual general meeting held for the existing plan; or\nif a referee under the 1980 Act has fixed a date to be taken to be the anniversary of the first annual general meeting of the body corporate—each year ending on the last day of the month containing the date fixed by the referee.\nIf a first annual general meeting has not been held for the new scheme before the commencement, then, for the purpose only of calculating when the first annual general meeting is to be held, and for determining the new scheme’s financial year, the establishment of the scheme is taken to have happened when the existing plan was registered.\nThe original proprietor for the existing plan becomes the original owner for the new scheme.\nHowever, obligations imposed under this Act on the original owner when a scheme is established apply only to the extent that equivalent obligations under the 1980 Act have not been complied with.\n(sec.330-ssec.1) On the commencement, a community titles scheme (the new scheme ) is established for the existing plan.\n(sec.330-ssec.2) The new scheme is a basic scheme.\n(sec.330-ssec.3) Each lot in the existing plan becomes a lot included in the new scheme.\n(sec.330-ssec.4) The scheme land for the new scheme is all the land included in the parcel for the existing plan.\n(sec.330-ssec.5) Each item of additional common property under the 1980 Act, part 2 , division 2 for the existing plan (other than an item of additional common property acquired as freehold land and incorporated into the parcel for the existing plan) becomes a body corporate asset for the new scheme, and an exclusive use by-law applying to the item and having continuing effect under this part is taken to apply to the item as a body corporate asset.\n(sec.330-ssec.6) The body corporate under the 1980 Act for the existing plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.\n(sec.330-ssec.7) A person holding office as the chairperson, secretary, treasurer, or a member of the committee, of the body corporate for the existing plan immediately before the commencement continues, subject to this Act, in the corresponding office under this Act as if elected or appointed to the office under this Act.\n(sec.330-ssec.8) A procedural step taken towards the calling of a general meeting of the body corporate for the existing plan or a meeting of its committee before the commencement is validly taken under this Act if taken in accordance with the law then in force.\n(sec.330-ssec.9) The financial year for the new scheme is, unless the first annual general meeting has not been held for the existing plan— each year ending on the last day of the month containing the anniversary of the first annual general meeting held for the existing plan; or if a referee under the 1980 Act has fixed a date to be taken to be the anniversary of the first annual general meeting of the body corporate—each year ending on the last day of the month containing the date fixed by the referee.\n(sec.330-ssec.10) If a first annual general meeting has not been held for the new scheme before the commencement, then, for the purpose only of calculating when the first annual general meeting is to be held, and for determining the new scheme’s financial year, the establishment of the scheme is taken to have happened when the existing plan was registered.\n(sec.330-ssec.11) The original proprietor for the existing plan becomes the original owner for the new scheme.\n(sec.330-ssec.12) However, obligations imposed under this Act on the original owner when a scheme is established apply only to the extent that equivalent obligations under the 1980 Act have not been complied with.\n- (a) each year ending on the last day of the month containing the anniversary of the first annual general meeting held for the existing plan; or\n- (b) if a referee under the 1980 Act has fixed a date to be taken to be the anniversary of the first annual general meeting of the body corporate—each year ending on the last day of the month containing the date fixed by the referee.","sortOrder":547},{"sectionNumber":"sec.331","sectionType":"section","heading":"Classification of existing plan","content":"### sec.331 Classification of existing plan\n\nThis section applies when the new scheme is established for the existing plan.\nIf the existing plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.\nIf the existing plan is a group titles plan—\nit is taken to be a standard format plan of subdivision under the Land Title Act; but\neasements applying for the new scheme immediately before the commencement under sections 15 and  17 of the 1980 Act continue to apply after the commencement.\ns 331 amd 2003 No. 6 s 3 sch\n(sec.331-ssec.1) This section applies when the new scheme is established for the existing plan.\n(sec.331-ssec.2) If the existing plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.\n(sec.331-ssec.3) If the existing plan is a group titles plan— it is taken to be a standard format plan of subdivision under the Land Title Act; but easements applying for the new scheme immediately before the commencement under sections 15 and  17 of the 1980 Act continue to apply after the commencement.\n- (a) it is taken to be a standard format plan of subdivision under the Land Title Act; but\n- (b) easements applying for the new scheme immediately before the commencement under sections 15 and  17 of the 1980 Act continue to apply after the commencement.","sortOrder":548},{"sectionNumber":"sec.332","sectionType":"section","heading":"Administrative matters","content":"### sec.332 Administrative matters\n\nEach action validly taken under the 1980 Act, part 4 for the existing plan before the commencement continues to have effect for the management of the new scheme as if the action was taken under this Act, and as if this Act had been in force when the action was taken.\nThe imposition of a levy before the commencement continues to have effect for the new scheme as an action taken under this Act.\nAn authority given by the committee for the body corporate for the existing plan before the commencement continues to have effect for the new scheme as an authority given under this Act.\nSubsection (1) has effect subject to a provision of this part specifying differently.\nUntil the annual general meeting of the body corporate for the new scheme first happening after the commencement, a body corporate manager may continue to use the body corporate’s seal in the way the body corporate manager could use it under the former Act immediately before the commencement.\nSubsection (3) applies subject to a decision of the body corporate about the use of the seal, made under the regulation module applying to the scheme.\n(sec.332-ssec.1) Each action validly taken under the 1980 Act, part 4 for the existing plan before the commencement continues to have effect for the management of the new scheme as if the action was taken under this Act, and as if this Act had been in force when the action was taken. The imposition of a levy before the commencement continues to have effect for the new scheme as an action taken under this Act. An authority given by the committee for the body corporate for the existing plan before the commencement continues to have effect for the new scheme as an authority given under this Act.\n(sec.332-ssec.2) Subsection (1) has effect subject to a provision of this part specifying differently.\n(sec.332-ssec.3) Until the annual general meeting of the body corporate for the new scheme first happening after the commencement, a body corporate manager may continue to use the body corporate’s seal in the way the body corporate manager could use it under the former Act immediately before the commencement.\n(sec.332-ssec.4) Subsection (3) applies subject to a decision of the body corporate about the use of the seal, made under the regulation module applying to the scheme.\n- 1 The imposition of a levy before the commencement continues to have effect for the new scheme as an action taken under this Act.\n- 2 An authority given by the committee for the body corporate for the existing plan before the commencement continues to have effect for the new scheme as an authority given under this Act.","sortOrder":549},{"sectionNumber":"ch.8-pt.1-div.4","sectionType":"division","heading":"Saving future 1980 Act plans","content":"## Saving future 1980 Act plans","sortOrder":550},{"sectionNumber":"sec.333","sectionType":"section","heading":"Application of div 4","content":"### sec.333 Application of div 4\n\nThis division applies to each future 1980 Act plan (the future plan ).","sortOrder":551},{"sectionNumber":"sec.334","sectionType":"section","heading":"Future plan","content":"### sec.334 Future plan\n\nImmediately after the future plan is registered under the 1980 Act, a community titles scheme (the new scheme ) is established for the future plan.\nThe new scheme is a basic scheme.\nEach lot in the future plan becomes a lot included in the new scheme.\nThe scheme land for the new scheme is all the land included in the parcel for the future plan.\nThe body corporate formed under the 1980 Act for the future plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.\nThe original proprietor for the future plan becomes the original owner for the new scheme.\n(sec.334-ssec.1) Immediately after the future plan is registered under the 1980 Act, a community titles scheme (the new scheme ) is established for the future plan.\n(sec.334-ssec.2) The new scheme is a basic scheme.\n(sec.334-ssec.3) Each lot in the future plan becomes a lot included in the new scheme.\n(sec.334-ssec.4) The scheme land for the new scheme is all the land included in the parcel for the future plan.\n(sec.334-ssec.5) The body corporate formed under the 1980 Act for the future plan is taken to be, without change to its corporate identity, the body corporate for the new scheme.\n(sec.334-ssec.6) The original proprietor for the future plan becomes the original owner for the new scheme.","sortOrder":552},{"sectionNumber":"sec.335","sectionType":"section","heading":"Classification of future plan","content":"### sec.335 Classification of future plan\n\nThis section applies when the new scheme is established for the future plan.\nIf the future plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.\nIf the future plan is a group titles plan, it is taken to be a standard format plan of subdivision under the Land Title Act.\ns 335 amd 2003 No. 6 s 3 sch\n(sec.335-ssec.1) This section applies when the new scheme is established for the future plan.\n(sec.335-ssec.2) If the future plan is a building units plan, it is taken to be a building format plan of subdivision under the Land Title Act.\n(sec.335-ssec.3) If the future plan is a group titles plan, it is taken to be a standard format plan of subdivision under the Land Title Act.","sortOrder":553},{"sectionNumber":"ch.8-pt.1-div.5","sectionType":"division","heading":"Community management statements for new schemes","content":"## Community management statements for new schemes","sortOrder":554},{"sectionNumber":"sec.336","sectionType":"section","heading":"What div 5 provides for","content":"### sec.336 What div 5 provides for\n\nThis division provides for the community management statement for the new scheme established under this part for a 1980 Act plan.","sortOrder":555},{"sectionNumber":"sec.337","sectionType":"section","heading":"Community management statement","content":"### sec.337 Community management statement\n\nOn its establishment, the new scheme is taken to have a community management statement (the interim statement ).\nThe interim statement is taken—\nto state—\nthe identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\nthe name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\nto state as the address for service of the body corporate the address at which documents may be served on the body corporate, as endorsed on the 1980 Act plan; and\nto state as the name of the original owner for the new scheme, and to state, as the address for service of the original owner, the original proprietor’s name and address for service (if any) under the 1980 Act; and\nto identify as the regulation module applying to the new scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\nto include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\nto include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\nif the scheme is established for an existing 1980 plan—\nto include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and\nto show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and\nif the scheme is established for a future 1980 Act plan—not to include any by-laws.\nThe interim statement is the community management statement for the new scheme until—\nunder provisions of this Act for the recording of a new community management statement, a new community management statement is recorded for the scheme; or\nif a new community management statement is not recorded—the end of 3 years after the commencement.\nDespite subsection (3)—\nan amendment of, addition to or repeal of by-laws in force for an existing 1980 Act plan agreed to by special resolution under the 1980 Act on or after 13 April 1997 but before the commencement may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the amendment, addition or repeal; and\na notification of an allocation, including a variation or transposition, of identified common property happening before the commencement under a by-law for an existing 1980 Act plan may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the allocation, variation or transposition.\nA new community management statement may be recorded under subsection (3)(a) for a new scheme mentioned in subsection (2)(g) even though the statement does not include any by-laws.\nIf subsection (5) applies—\nthe by-laws for the new scheme are taken to be the by-laws that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the by-laws in force for the scheme immediately before the new statement is recorded; and\nallocations of identified common property for the new scheme are taken to be the allocations that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the allocations, including variations and transpositions, in force for the scheme immediately before the new statement is recorded.\ns 337 amd 1997 No. 78 s 26\n(sec.337-ssec.1) On its establishment, the new scheme is taken to have a community management statement (the interim statement ).\n(sec.337-ssec.2) The interim statement is taken— to state— the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and to state as the address for service of the body corporate the address at which documents may be served on the body corporate, as endorsed on the 1980 Act plan; and to state as the name of the original owner for the new scheme, and to state, as the address for service of the original owner, the original proprietor’s name and address for service (if any) under the 1980 Act; and to identify as the regulation module applying to the new scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and to include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and to include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and if the scheme is established for an existing 1980 plan— to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and if the scheme is established for a future 1980 Act plan—not to include any by-laws.\n(sec.337-ssec.3) The interim statement is the community management statement for the new scheme until— under provisions of this Act for the recording of a new community management statement, a new community management statement is recorded for the scheme; or if a new community management statement is not recorded—the end of 3 years after the commencement.\n(sec.337-ssec.4) Despite subsection (3)— an amendment of, addition to or repeal of by-laws in force for an existing 1980 Act plan agreed to by special resolution under the 1980 Act on or after 13 April 1997 but before the commencement may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the amendment, addition or repeal; and a notification of an allocation, including a variation or transposition, of identified common property happening before the commencement under a by-law for an existing 1980 Act plan may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the allocation, variation or transposition.\n(sec.337-ssec.5) A new community management statement may be recorded under subsection (3)(a) for a new scheme mentioned in subsection (2)(g) even though the statement does not include any by-laws.\n(sec.337-ssec.6) If subsection (5) applies— the by-laws for the new scheme are taken to be the by-laws that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the by-laws in force for the scheme immediately before the new statement is recorded; and allocations of identified common property for the new scheme are taken to be the allocations that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the allocations, including variations and transpositions, in force for the scheme immediately before the new statement is recorded.\n- (a) to state— (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\n- (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (b) to state as the address for service of the body corporate the address at which documents may be served on the body corporate, as endorsed on the 1980 Act plan; and\n- (c) to state as the name of the original owner for the new scheme, and to state, as the address for service of the original owner, the original proprietor’s name and address for service (if any) under the 1980 Act; and\n- (d) to identify as the regulation module applying to the new scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\n- (e) to include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\n- (f) to include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\n- (g) if the scheme is established for an existing 1980 plan— (i) to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and (ii) to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and\n- (i) to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and\n- (ii) to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and\n- (h) if the scheme is established for a future 1980 Act plan—not to include any by-laws.\n- (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\n- (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (i) to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and\n- (ii) to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and\n- (a) under provisions of this Act for the recording of a new community management statement, a new community management statement is recorded for the scheme; or\n- (b) if a new community management statement is not recorded—the end of 3 years after the commencement.\n- (a) an amendment of, addition to or repeal of by-laws in force for an existing 1980 Act plan agreed to by special resolution under the 1980 Act on or after 13 April 1997 but before the commencement may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the amendment, addition or repeal; and\n- (b) a notification of an allocation, including a variation or transposition, of identified common property happening before the commencement under a by-law for an existing 1980 Act plan may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the allocation, variation or transposition.\n- (a) the by-laws for the new scheme are taken to be the by-laws that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the by-laws in force for the scheme immediately before the new statement is recorded; and\n- (b) allocations of identified common property for the new scheme are taken to be the allocations that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the allocations, including variations and transpositions, in force for the scheme immediately before the new statement is recorded.","sortOrder":556},{"sectionNumber":"sec.338","sectionType":"section","heading":"Community management statement recorded for 1980 Act plan when plan registered","content":"### sec.338 Community management statement recorded for 1980 Act plan when plan registered\n\nDespite section 337(1) to (4), when a future 1980 Act plan is lodged for registration, a community management statement (a first statement ) may be lodged for recording as the community management statement for the new scheme to be established on registration of the future 1980 Act plan.\nIf, when the registrar registers a future 1980 Act plan, the registrar records a first statement, the first statement is taken to have effect immediately the new scheme is established, and the new scheme does not have an interim statement.\nHowever, despite anything in the first statement, the regulation module applying to the scheme is, until a subsequent community management statement is recorded for the scheme and identifies a different regulation module as the regulation module applying to the scheme, the regulation module that applies to a community titles scheme if no other regulation module applies to it.\n(sec.338-ssec.1) Despite section 337(1) to (4), when a future 1980 Act plan is lodged for registration, a community management statement (a first statement ) may be lodged for recording as the community management statement for the new scheme to be established on registration of the future 1980 Act plan.\n(sec.338-ssec.2) If, when the registrar registers a future 1980 Act plan, the registrar records a first statement, the first statement is taken to have effect immediately the new scheme is established, and the new scheme does not have an interim statement.\n(sec.338-ssec.3) However, despite anything in the first statement, the regulation module applying to the scheme is, until a subsequent community management statement is recorded for the scheme and identifies a different regulation module as the regulation module applying to the scheme, the regulation module that applies to a community titles scheme if no other regulation module applies to it.","sortOrder":557},{"sectionNumber":"sec.339","sectionType":"section","heading":"Registrar to record standard statement","content":"### sec.339 Registrar to record standard statement\n\nThis section applies if an interim statement is still the community management statement for a new scheme at the end of 3 years after the commencement.\nThe registrar must record a new community management statement (the standard statement ) for the new scheme as soon as practicable after the end of the 3 years, and until the registrar records the standard statement, another community management statement may not be recorded for the scheme.\nIf the registrar records a standard statement for the new scheme, the standard statement is taken to be the community management statement for the scheme immediately after the interim statement ceases to be the community management statement for the scheme.\nThe standard statement must—\nstate—\nthe identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\nthe name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\nstate as the address for service of the body corporate the address at which documents may be served on the body corporate, endorsed on the 1980 Act plan; and\nstate as the name and address of the original owner for the new scheme, the original proprietor’s name and address for service (if any) under the 1980 Act; and\nidentify as the regulation module applying to the scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\ninclude a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\ninclude an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\nnot include any by-laws for the new scheme.\nDespite subsection (4)(g), if the new scheme for which a standard statement is recorded is a new scheme established for an existing 1980 Act plan—\nthe by-laws for the new scheme are taken to be the by-laws that, under section 337(2)(g)(i) and, if applicable, section 337(4), are the by-laws in force for the scheme immediately before the end of the 3 years mentioned in subsection (1); and\nallocations of identified common property for the new scheme are taken to be the allocations that, under section 337(2)(g)(ii) and, if applicable, section 337(4), are the allocations, including variations and transpositions, in force for the scheme immediately before the end of the 3 years mentioned in subsection (1).\n(sec.339-ssec.1) This section applies if an interim statement is still the community management statement for a new scheme at the end of 3 years after the commencement.\n(sec.339-ssec.2) The registrar must record a new community management statement (the standard statement ) for the new scheme as soon as practicable after the end of the 3 years, and until the registrar records the standard statement, another community management statement may not be recorded for the scheme.\n(sec.339-ssec.3) If the registrar records a standard statement for the new scheme, the standard statement is taken to be the community management statement for the scheme immediately after the interim statement ceases to be the community management statement for the scheme.\n(sec.339-ssec.4) The standard statement must— state— the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and state as the address for service of the body corporate the address at which documents may be served on the body corporate, endorsed on the 1980 Act plan; and state as the name and address of the original owner for the new scheme, the original proprietor’s name and address for service (if any) under the 1980 Act; and identify as the regulation module applying to the scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and not include any by-laws for the new scheme.\n(sec.339-ssec.5) Despite subsection (4)(g), if the new scheme for which a standard statement is recorded is a new scheme established for an existing 1980 Act plan— the by-laws for the new scheme are taken to be the by-laws that, under section 337(2)(g)(i) and, if applicable, section 337(4), are the by-laws in force for the scheme immediately before the end of the 3 years mentioned in subsection (1); and allocations of identified common property for the new scheme are taken to be the allocations that, under section 337(2)(g)(ii) and, if applicable, section 337(4), are the allocations, including variations and transpositions, in force for the scheme immediately before the end of the 3 years mentioned in subsection (1).\n- (a) state— (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\n- (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (b) state as the address for service of the body corporate the address at which documents may be served on the body corporate, endorsed on the 1980 Act plan; and\n- (c) state as the name and address of the original owner for the new scheme, the original proprietor’s name and address for service (if any) under the 1980 Act; and\n- (d) identify as the regulation module applying to the scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and\n- (e) include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\n- (f) include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and\n- (g) not include any by-laws for the new scheme.\n- (i) the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and\n- (ii) the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar ’; and\n- (a) the by-laws for the new scheme are taken to be the by-laws that, under section 337(2)(g)(i) and, if applicable, section 337(4), are the by-laws in force for the scheme immediately before the end of the 3 years mentioned in subsection (1); and\n- (b) allocations of identified common property for the new scheme are taken to be the allocations that, under section 337(2)(g)(ii) and, if applicable, section 337(4), are the allocations, including variations and transpositions, in force for the scheme immediately before the end of the 3 years mentioned in subsection (1).","sortOrder":558},{"sectionNumber":"sec.340","sectionType":"section","heading":"By-laws may be retained","content":"### sec.340 By-laws may be retained\n\nA by-law, including an exclusive use by-law, maintained in force under this part for a new scheme continues to have effect, and may be included in a subsequent community management statement recorded for the scheme, even though it is not competent for the community management statement for a community titles scheme established after the commencement to include the by-law.","sortOrder":559},{"sectionNumber":"sec.341","sectionType":"section","heading":"Right to exclusive use by-law","content":"### sec.341 Right to exclusive use by-law\n\nThis section applies if, immediately before the commencement, the registered proprietor for the time being of a lot (the lot ) in an existing 1980 Act plan was entitled, or purportedly entitled, under a resolution of the body corporate, to a right of exclusive use and enjoyment of, or a special privilege in respect of, any of the common property under the existing 1980 Act plan, but no exclusive use by-law for the purpose of the right or special privilege had been agreed to.\nA by-law giving effect to the resolution is taken to have been agreed to by the body corporate under the 1980 Act before the commencement.\nHowever, the body corporate must not deposit the by-law for recording by the registrar under the 1980 Act unless the lot owner, within a reasonable time before the end of 18 months after the commencement, asks the body corporate to deposit the by-law for recording.\nDespite subsection (2), if action (including a failure to take action) by the body corporate in relation to the depositing the by-law for recording is the subject of an application under the dispute resolution provisions, it is competent for the adjudicator, in deciding whether to order the body corporate to deposit a by-law for recording, to consider whether it is equitable in all the circumstances for the order to be made, having regard especially to the following—\nthe interests of other persons having an estate or interest in lots included in the new scheme;\nthe extent to which the right or privilege mentioned in subsection (1) has been exercised or apparent before and after the commencement.\nThe order of the adjudicator may include—\na direction for a variation or modification of the provisions of the by-law to be deposited for recording; or\na direction that no by-law be deposited.\nA by-law may be deposited for recording under an order of the adjudicator mentioned in subsection (4) even though more than 18 months have elapsed after the commencement.\n(sec.341-ssec.1) This section applies if, immediately before the commencement, the registered proprietor for the time being of a lot (the lot ) in an existing 1980 Act plan was entitled, or purportedly entitled, under a resolution of the body corporate, to a right of exclusive use and enjoyment of, or a special privilege in respect of, any of the common property under the existing 1980 Act plan, but no exclusive use by-law for the purpose of the right or special privilege had been agreed to.\n(sec.341-ssec.2) A by-law giving effect to the resolution is taken to have been agreed to by the body corporate under the 1980 Act before the commencement.\n(sec.341-ssec.3) However, the body corporate must not deposit the by-law for recording by the registrar under the 1980 Act unless the lot owner, within a reasonable time before the end of 18 months after the commencement, asks the body corporate to deposit the by-law for recording.\n(sec.341-ssec.4) Despite subsection (2), if action (including a failure to take action) by the body corporate in relation to the depositing the by-law for recording is the subject of an application under the dispute resolution provisions, it is competent for the adjudicator, in deciding whether to order the body corporate to deposit a by-law for recording, to consider whether it is equitable in all the circumstances for the order to be made, having regard especially to the following— the interests of other persons having an estate or interest in lots included in the new scheme; the extent to which the right or privilege mentioned in subsection (1) has been exercised or apparent before and after the commencement.\n(sec.341-ssec.5) The order of the adjudicator may include— a direction for a variation or modification of the provisions of the by-law to be deposited for recording; or a direction that no by-law be deposited.\n(sec.341-ssec.6) A by-law may be deposited for recording under an order of the adjudicator mentioned in subsection (4) even though more than 18 months have elapsed after the commencement.\n- (a) the interests of other persons having an estate or interest in lots included in the new scheme;\n- (b) the extent to which the right or privilege mentioned in subsection (1) has been exercised or apparent before and after the commencement.\n- (a) a direction for a variation or modification of the provisions of the by-law to be deposited for recording; or\n- (b) a direction that no by-law be deposited.","sortOrder":560},{"sectionNumber":"ch.8-pt.1-div.6","sectionType":"division","heading":"Special provisions for contracts","content":"## Special provisions for contracts","sortOrder":561},{"sectionNumber":"sec.342","sectionType":"section","heading":"Definitions for div 6","content":"### sec.342 Definitions for div 6\n\nIn this division—\nbody corporate contract , for a community titles scheme, means a contract or other arrangement entered into by the body corporate that is, or is in the nature of, 1 or a combination of 2 or all of the following—\nthe engagement of a person as a body corporate manager for the scheme;\nthe engagement of a person as a service contractor for the scheme;\nthe authorisation of a person as a letting agent for the scheme.\nexempted provisions , for a body corporate contract for a community titles scheme, means the provisions of this Act, and of the regulation module applying to the scheme, providing for 1 or more of the following—\nthe transfer of the interest of a body corporate manager, service contractor or letting agent in a body corporate contract;\ntermination of a body corporate contract by the body corporate;\nthe required form of a body corporate contract;\nlimitation on the term of a body corporate contract;\na requirement about the consideration for a body corporate contract;\na prohibition on the existence of consideration for entering into, extending the term of, replacing or renewing a body corporate contract;\nrequirements about giving authority to a service contractor or letting agent for the use of common property.\ns 342 def exempted provisions amd 1997 No. 78 s 27 (retro)\nnotification day means 24 October 1994.\noriginal owner , for a community titles scheme, includes a predecessor in title of the original owner, and, if the scheme is established for an existing or future 1980 Act plan, includes the original proprietor for the plan and a predecessor in title of the original proprietor.\nterm limitation provision means the provision mentioned in the definition exempted provisions , paragraph (d).\ns 342 def term limitation provision amd 2007 No. 11 s 3 sch\n- (a) the engagement of a person as a body corporate manager for the scheme;\n- (b) the engagement of a person as a service contractor for the scheme;\n- (c) the authorisation of a person as a letting agent for the scheme.\n- (a) the transfer of the interest of a body corporate manager, service contractor or letting agent in a body corporate contract;\n- (b) termination of a body corporate contract by the body corporate;\n- (c) the required form of a body corporate contract;\n- (d) limitation on the term of a body corporate contract;\n- (e) a requirement about the consideration for a body corporate contract;\n- (f) a prohibition on the existence of consideration for entering into, extending the term of, replacing or renewing a body corporate contract;\n- (g) requirements about giving authority to a service contractor or letting agent for the use of common property.","sortOrder":562},{"sectionNumber":"sec.343","sectionType":"section","heading":"Letting agent authorisation","content":"### sec.343 Letting agent authorisation\n\nThe body corporate for an existing 1980 Act plan is taken to have had power on and from 4 May 1994 to give an authorisation to a person as a letting agent.\nSubsection (3) applies to a body corporate contract if—\nthe contract was purportedly entered into before the notification day; and\nthe contract included the authorisation of a person as a letting agent; and\nthe body corporate subsequently took or takes action (whether before or after the notification day) that established or establishes the validity of the contract (including the authorisation).\nFor this division, the contract is taken to have been entered into before the notification day.\n(sec.343-ssec.1) The body corporate for an existing 1980 Act plan is taken to have had power on and from 4 May 1994 to give an authorisation to a person as a letting agent.\n(sec.343-ssec.2) Subsection (3) applies to a body corporate contract if— the contract was purportedly entered into before the notification day; and the contract included the authorisation of a person as a letting agent; and the body corporate subsequently took or takes action (whether before or after the notification day) that established or establishes the validity of the contract (including the authorisation).\n(sec.343-ssec.3) For this division, the contract is taken to have been entered into before the notification day.\n- (a) the contract was purportedly entered into before the notification day; and\n- (b) the contract included the authorisation of a person as a letting agent; and\n- (c) the body corporate subsequently took or takes action (whether before or after the notification day) that established or establishes the validity of the contract (including the authorisation).","sortOrder":563},{"sectionNumber":"sec.344","sectionType":"section","heading":"Body corporate contracts","content":"### sec.344 Body corporate contracts\n\nThe exempted provisions for a body corporate contract for a community titles scheme do not apply to the contract if the contract was entered into before the notification day.\nAlso, the exempted provisions do not apply to the contract if—\nthe contract was entered into on or after notification day; and\nthe original owner disclosed an intention for the body corporate to enter into the body corporate contract (whether or not the contractor was identified) in a statement given under the 1980 Act, section 49 (1) to each buyer under a purchase agreement with the original owner; and\nwhen the statement was given, the buyer was not a person who would have been, had this Act been in force, an associate of the original owner; and\nthe purchase agreement was for the purchase of a lot (whether or not a proposed lot)—\nthat on the commencement, becomes a lot included in the scheme; or\nthat becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and\nthe purchase agreement was entered into before notification day; and\nthe body corporate contract took effect before the commencement, or takes effect within 1 year after the commencement.\nThe exempted provisions (other than a term limitation provision) for a body corporate contract for a community titles scheme do not apply to the contract if—\nthe contract was entered into by the body corporate on or after notification day but before the commencement; and\nsubsection (2) does not apply to the contract.\nIf subsection (1), (2) or (3) applies to a body corporate contract for a community titles scheme (the original contract ) to disapply exempted provisions for the original contract, the subsection (the relevant subsection ) also applies to—\nthe original contract if it was transferred before the commencement or is transferred after the commencement; or\nthe original contract if it was amended before the commencement, or is amended after the commencement, other than to extend its term; or\nif the original contract was amended before the notification day—a new body corporate contract entered into after the notification day, whether before or after the commencement, on the basis of the amendment, but only if the term of the new contract runs from the expiry of the term of—\nthe original contract; or\na contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or\nuntil 14 July 2022—a new contract entered into because of a right or option for 1 or more renewals contained in the original contract, whether or not the right or option allowed the new contract to contain a similar right or option.\nHowever, if the new body corporate contract mentioned in subsection (4)(d) is entered into on the basis of an amendment of the original contract made after the notification day—\nto the extent the new contract is, or is in the nature of, the engagement of a person as a body corporate manager for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—\nthe maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager;\nthe term mentioned in the new contract; and\nto the extent the new contract is, or is in the nature of, the engagement of a person as a service contractor for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—\nthe maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor;\nthe term mentioned in the new contract; and\nto the extent the new contract is, or is in the nature of, the authorisation of a person as a letting agent for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—\nthe maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent;\nthe term mentioned in the new contract.\ns 344 amd 1997 No. 78 s 28 (retro); 2003 No. 6 s 112\n(sec.344-ssec.1) The exempted provisions for a body corporate contract for a community titles scheme do not apply to the contract if the contract was entered into before the notification day.\n(sec.344-ssec.2) Also, the exempted provisions do not apply to the contract if— the contract was entered into on or after notification day; and the original owner disclosed an intention for the body corporate to enter into the body corporate contract (whether or not the contractor was identified) in a statement given under the 1980 Act, section 49 (1) to each buyer under a purchase agreement with the original owner; and when the statement was given, the buyer was not a person who would have been, had this Act been in force, an associate of the original owner; and the purchase agreement was for the purchase of a lot (whether or not a proposed lot)— that on the commencement, becomes a lot included in the scheme; or that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and the purchase agreement was entered into before notification day; and the body corporate contract took effect before the commencement, or takes effect within 1 year after the commencement.\n(sec.344-ssec.3) The exempted provisions (other than a term limitation provision) for a body corporate contract for a community titles scheme do not apply to the contract if— the contract was entered into by the body corporate on or after notification day but before the commencement; and subsection (2) does not apply to the contract.\n(sec.344-ssec.4) If subsection (1), (2) or (3) applies to a body corporate contract for a community titles scheme (the original contract ) to disapply exempted provisions for the original contract, the subsection (the relevant subsection ) also applies to— the original contract if it was transferred before the commencement or is transferred after the commencement; or the original contract if it was amended before the commencement, or is amended after the commencement, other than to extend its term; or if the original contract was amended before the notification day—a new body corporate contract entered into after the notification day, whether before or after the commencement, on the basis of the amendment, but only if the term of the new contract runs from the expiry of the term of— the original contract; or a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or until 14 July 2022—a new contract entered into because of a right or option for 1 or more renewals contained in the original contract, whether or not the right or option allowed the new contract to contain a similar right or option.\n(sec.344-ssec.5) However, if the new body corporate contract mentioned in subsection (4)(d) is entered into on the basis of an amendment of the original contract made after the notification day— to the extent the new contract is, or is in the nature of, the engagement of a person as a body corporate manager for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager; the term mentioned in the new contract; and to the extent the new contract is, or is in the nature of, the engagement of a person as a service contractor for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor; the term mentioned in the new contract; and to the extent the new contract is, or is in the nature of, the authorisation of a person as a letting agent for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent; the term mentioned in the new contract.\n- (a) the contract was entered into on or after notification day; and\n- (b) the original owner disclosed an intention for the body corporate to enter into the body corporate contract (whether or not the contractor was identified) in a statement given under the 1980 Act, section 49 (1) to each buyer under a purchase agreement with the original owner; and\n- (c) when the statement was given, the buyer was not a person who would have been, had this Act been in force, an associate of the original owner; and\n- (d) the purchase agreement was for the purchase of a lot (whether or not a proposed lot)— (i) that on the commencement, becomes a lot included in the scheme; or (ii) that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and\n- (i) that on the commencement, becomes a lot included in the scheme; or\n- (ii) that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and\n- (e) the purchase agreement was entered into before notification day; and\n- (f) the body corporate contract took effect before the commencement, or takes effect within 1 year after the commencement.\n- (i) that on the commencement, becomes a lot included in the scheme; or\n- (ii) that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and\n- (a) the contract was entered into by the body corporate on or after notification day but before the commencement; and\n- (b) subsection (2) does not apply to the contract.\n- (a) the original contract if it was transferred before the commencement or is transferred after the commencement; or\n- (b) the original contract if it was amended before the commencement, or is amended after the commencement, other than to extend its term; or\n- (c) if the original contract was amended before the notification day—a new body corporate contract entered into after the notification day, whether before or after the commencement, on the basis of the amendment, but only if the term of the new contract runs from the expiry of the term of— (i) the original contract; or (ii) a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or\n- (i) the original contract; or\n- (ii) a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or\n- (d) until 14 July 2022—a new contract entered into because of a right or option for 1 or more renewals contained in the original contract, whether or not the right or option allowed the new contract to contain a similar right or option.\n- (i) the original contract; or\n- (ii) a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or\n- (a) to the extent the new contract is, or is in the nature of, the engagement of a person as a body corporate manager for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager; (ii) the term mentioned in the new contract; and\n- (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager;\n- (ii) the term mentioned in the new contract; and\n- (b) to the extent the new contract is, or is in the nature of, the engagement of a person as a service contractor for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor; (ii) the term mentioned in the new contract; and\n- (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor;\n- (ii) the term mentioned in the new contract; and\n- (c) to the extent the new contract is, or is in the nature of, the authorisation of a person as a letting agent for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms— (i) the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent; (ii) the term mentioned in the new contract.\n- (i) the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent;\n- (ii) the term mentioned in the new contract.\n- (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager;\n- (ii) the term mentioned in the new contract; and\n- (i) the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor;\n- (ii) the term mentioned in the new contract; and\n- (i) the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent;\n- (ii) the term mentioned in the new contract.","sortOrder":564},{"sectionNumber":"ch.8-pt.1-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":565},{"sectionNumber":"sec.345","sectionType":"section","heading":"Sale of lots","content":"### sec.345 Sale of lots\n\nFor a contract entered into by the original proprietor for a 1980 Act plan before the commencement for the sale of a lot or proposed lot, the 1980 Act, sections 49 and 49A apply even though a new scheme is established for the plan.\nIf a seller of a lot or proposed lot in a 1980 Act plan (other than the original proprietor for the plan) entered into a contract before the commencement for the sale of the lot or proposed lot—\nthe 1980 Act, section 40 applies to the contract, and applies even though, if it is for the sale of a proposed lot, the lot is not created until the plan is registered after the commencement; but\na body corporate may, rather than comply with section 40 of the 1980 Act, give a body corporate information certificate under this Act.\n(sec.345-ssec.1) For a contract entered into by the original proprietor for a 1980 Act plan before the commencement for the sale of a lot or proposed lot, the 1980 Act, sections 49 and 49A apply even though a new scheme is established for the plan.\n(sec.345-ssec.2) If a seller of a lot or proposed lot in a 1980 Act plan (other than the original proprietor for the plan) entered into a contract before the commencement for the sale of the lot or proposed lot— the 1980 Act, section 40 applies to the contract, and applies even though, if it is for the sale of a proposed lot, the lot is not created until the plan is registered after the commencement; but a body corporate may, rather than comply with section 40 of the 1980 Act, give a body corporate information certificate under this Act.\n- (a) the 1980 Act, section 40 applies to the contract, and applies even though, if it is for the sale of a proposed lot, the lot is not created until the plan is registered after the commencement; but\n- (b) a body corporate may, rather than comply with section 40 of the 1980 Act, give a body corporate information certificate under this Act.","sortOrder":566},{"sectionNumber":"sec.346","sectionType":"section","heading":"Actions under disputes provisions","content":"### sec.346 Actions under disputes provisions\n\nThis section applies if, before the commencement, an application was made to a referee under the 1980 Act, part 5 for the purpose of an existing 1980 Act plan.\nThe 1980 Act, part 5 continues to apply for the completion of all matters relating to the application.\nAn order made under a provision of the 1980 Act, part 5 has effect for the new scheme established for the existing 1980 Act plan.\n(sec.346-ssec.1) This section applies if, before the commencement, an application was made to a referee under the 1980 Act, part 5 for the purpose of an existing 1980 Act plan.\n(sec.346-ssec.2) The 1980 Act, part 5 continues to apply for the completion of all matters relating to the application.\n(sec.346-ssec.3) An order made under a provision of the 1980 Act, part 5 has effect for the new scheme established for the existing 1980 Act plan.","sortOrder":567},{"sectionNumber":"sec.347","sectionType":"section","heading":"References to certain Acts","content":"### sec.347 References to certain Acts\n\nThis section applies to references in provisions of Acts (other than a specified Act, or another Act amended in schedule 3) enacted before the commencement.\nA reference to any of the following Acts is taken to be a reference to this Act—\nBuilding Units and Group Titles Act 1980\nBuilding Units Titles Act 1965\nGroup Titles Act 1973 .\n(sec.347-ssec.1) This section applies to references in provisions of Acts (other than a specified Act, or another Act amended in schedule 3) enacted before the commencement.\n(sec.347-ssec.2) A reference to any of the following Acts is taken to be a reference to this Act— Building Units and Group Titles Act 1980 Building Units Titles Act 1965 Group Titles Act 1973 .\n- • Building Units and Group Titles Act 1980\n- • Building Units Titles Act 1965\n- • Group Titles Act 1973 .","sortOrder":568},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002","content":"# Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002","sortOrder":569},{"sectionNumber":"sec.348","sectionType":"section","heading":"Transitional provision for information sheets","content":"### sec.348 Transitional provision for information sheets\n\nThis section applies to a contract mentioned in section 213(1) entered into on or after 1 July 2001 and before the commencement of this section that has not been settled or lawfully terminated.\nDespite section 213(6), a buyer can not cancel the contract because of noncompliance with section 213(5) as in force immediately before the commencement of this section only because an information sheet was attached to the contract immediately beneath a warning statement that was attached as the first or top sheet of the contract.\nIn this section—\nwarning statement means a warning statement under the Property Agents and Motor Dealers Act 2000 , section 366 .\ns 348 ins 2002 No. 13 s 13\n(sec.348-ssec.1) This section applies to a contract mentioned in section 213(1) entered into on or after 1 July 2001 and before the commencement of this section that has not been settled or lawfully terminated.\n(sec.348-ssec.2) Despite section 213(6), a buyer can not cancel the contract because of noncompliance with section 213(5) as in force immediately before the commencement of this section only because an information sheet was attached to the contract immediately beneath a warning statement that was attached as the first or top sheet of the contract.\n(sec.348-ssec.3) In this section— warning statement means a warning statement under the Property Agents and Motor Dealers Act 2000 , section 366 .","sortOrder":570},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2003","content":"# Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2003","sortOrder":571},{"sectionNumber":"sec.349","sectionType":"section","heading":"Adjusting contribution schedule lot entitlement","content":"### sec.349 Adjusting contribution schedule lot entitlement\n\nThis section applies to a basic scheme—\nconsisting of lots created under a standard format plan of subdivision and a building format plan of subdivision; and\nestablished—\nbefore the commencement of this section; or\nif the application for development approval for the scheme was made before the commencement—after the commencement.\nThe body corporate, by ordinary resolution without the use of proxies, may change the contribution schedule lot entitlements of the lots included in the scheme.\nThe resolution must be passed—\nfor a scheme mentioned in subsection (1)(b)(i)—within 15 months after commencement of this section; or\nfor a scheme mentioned in subsection (1)(b)(ii)—within 15 months after the scheme is established.\nThe notice of the meeting at which the resolution is proposed to be passed must state or be accompanied by a copy of independent professional advice, obtained by the body corporate from an appropriate person, about any changes required to the contribution schedule lot entitlements to equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots.\na lawyer or registered valuer\nThe body corporate may exercise the power under subsection (2) only once.\nThe changed lot entitlements—\nmust equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots; and\nunless the body corporate, by ordinary resolution, decides otherwise, apply only for contributions levied after the resolution is passed.\ns 349 ins 2003 No. 6 s 113\n(sec.349-ssec.1) This section applies to a basic scheme— consisting of lots created under a standard format plan of subdivision and a building format plan of subdivision; and established— before the commencement of this section; or if the application for development approval for the scheme was made before the commencement—after the commencement.\n(sec.349-ssec.2) The body corporate, by ordinary resolution without the use of proxies, may change the contribution schedule lot entitlements of the lots included in the scheme.\n(sec.349-ssec.3) The resolution must be passed— for a scheme mentioned in subsection (1)(b)(i)—within 15 months after commencement of this section; or for a scheme mentioned in subsection (1)(b)(ii)—within 15 months after the scheme is established.\n(sec.349-ssec.4) The notice of the meeting at which the resolution is proposed to be passed must state or be accompanied by a copy of independent professional advice, obtained by the body corporate from an appropriate person, about any changes required to the contribution schedule lot entitlements to equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots. a lawyer or registered valuer\n(sec.349-ssec.5) The body corporate may exercise the power under subsection (2) only once.\n(sec.349-ssec.6) The changed lot entitlements— must equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots; and unless the body corporate, by ordinary resolution, decides otherwise, apply only for contributions levied after the resolution is passed.\n- (a) consisting of lots created under a standard format plan of subdivision and a building format plan of subdivision; and\n- (b) established— (i) before the commencement of this section; or (ii) if the application for development approval for the scheme was made before the commencement—after the commencement.\n- (i) before the commencement of this section; or\n- (ii) if the application for development approval for the scheme was made before the commencement—after the commencement.\n- (i) before the commencement of this section; or\n- (ii) if the application for development approval for the scheme was made before the commencement—after the commencement.\n- (a) for a scheme mentioned in subsection (1)(b)(i)—within 15 months after commencement of this section; or\n- (b) for a scheme mentioned in subsection (1)(b)(ii)—within 15 months after the scheme is established.\n- (a) must equitably reflect the difference in the maintenance requirements of the standard format lots and the building format lots; and\n- (b) unless the body corporate, by ordinary resolution, decides otherwise, apply only for contributions levied after the resolution is passed.","sortOrder":572},{"sectionNumber":"sec.350","sectionType":"section","heading":"Community management statements for particular schemes","content":"### sec.350 Community management statements for particular schemes\n\nThis section applies to a basic scheme mentioned in section 349.\nWithin 3 months after passing a resolution under section 349, the body corporate must lodge a request to record a new community management statement.\nThe difference between the new community management statement and the existing community management statement must be limited to changes to reflect the changed contribution schedule lot entitlements.\nDespite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on it of a community management statement notation.\nThe fees payable under the Land Title Act for recording a community management statement do not apply to the new community management statement.\ns 350 ins 2003 No. 6 s 113\n(sec.350-ssec.1) This section applies to a basic scheme mentioned in section 349.\n(sec.350-ssec.2) Within 3 months after passing a resolution under section 349, the body corporate must lodge a request to record a new community management statement.\n(sec.350-ssec.3) The difference between the new community management statement and the existing community management statement must be limited to changes to reflect the changed contribution schedule lot entitlements.\n(sec.350-ssec.4) Despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on it of a community management statement notation.\n(sec.350-ssec.5) The fees payable under the Land Title Act for recording a community management statement do not apply to the new community management statement.","sortOrder":573},{"sectionNumber":"sec.351","sectionType":"section","heading":"Particular community management statements to be given to local governments","content":"### sec.351 Particular community management statements to be given to local governments\n\nSubsection (2) applies if a new community management statement mentioned in section 350—\nis recorded for a community titles scheme; and\nis not endorsed with a community management statement notation.\nThe body corporate must, within 14 days after the statement is recorded, give a copy of the statement to each local government in whose local government area scheme land is located.\ns 351 ins 2003 No. 6 s 113\n(sec.351-ssec.1) Subsection (2) applies if a new community management statement mentioned in section 350— is recorded for a community titles scheme; and is not endorsed with a community management statement notation.\n(sec.351-ssec.2) The body corporate must, within 14 days after the statement is recorded, give a copy of the statement to each local government in whose local government area scheme land is located.\n- (a) is recorded for a community titles scheme; and\n- (b) is not endorsed with a community management statement notation.","sortOrder":574},{"sectionNumber":"sec.352","sectionType":"section","heading":"Existing easements for lots","content":"### sec.352 Existing easements for lots\n\nThis section applies to an easement for a lot if the easement was in existence, under repealed sections 60 to 65, immediately before the commencement of this section.\nOn the commencement, the easement is taken to be a statutory easement.\nIn this section—\nrepealed sections 60 to 65 means sections 60 to 65 as in force immediately before the commencement.\ns 352 ins 2003 No. 6 s 113\n(sec.352-ssec.1) This section applies to an easement for a lot if the easement was in existence, under repealed sections 60 to 65, immediately before the commencement of this section.\n(sec.352-ssec.2) On the commencement, the easement is taken to be a statutory easement.\n(sec.352-ssec.3) In this section— repealed sections 60 to 65 means sections 60 to 65 as in force immediately before the commencement.","sortOrder":575},{"sectionNumber":"sec.353","sectionType":"section","heading":"Existing powers of body corporate managers","content":"### sec.353 Existing powers of body corporate managers\n\nThis section applies to a committee power or executive member power in force immediately before the commencement of this section.\nOn the commencement—\nthe executive member power is taken to be given under section 106 as in force on the commencement; and\nthe committee power continues subject to the previous section 106 as if the previous section 106 were still in force.\nIn this section—\ncommittee power means a power of a committee for a body corporate given to a body corporate manager under the previous section 106.\nexecutive member power means a power of an executive member of a committee for a body corporate given to a body corporate manager under the previous section 106.\nprevious section 106 means section 106 as in force immediately before the commencement.\ns 353 ins 2003 No. 6 s 113\n(sec.353-ssec.1) This section applies to a committee power or executive member power in force immediately before the commencement of this section.\n(sec.353-ssec.2) On the commencement— the executive member power is taken to be given under section 106 as in force on the commencement; and the committee power continues subject to the previous section 106 as if the previous section 106 were still in force.\n(sec.353-ssec.3) In this section— committee power means a power of a committee for a body corporate given to a body corporate manager under the previous section 106. executive member power means a power of an executive member of a committee for a body corporate given to a body corporate manager under the previous section 106. previous section 106 means section 106 as in force immediately before the commencement.\n- (a) the executive member power is taken to be given under section 106 as in force on the commencement; and\n- (b) the committee power continues subject to the previous section 106 as if the previous section 106 were still in force.","sortOrder":576},{"sectionNumber":"sec.354","sectionType":"section","heading":"Existing applications for an order of an adjudicator","content":"### sec.354 Existing applications for an order of an adjudicator\n\nThis section applies if an application for an order of an adjudicator made under the previous dispute resolution provisions has not been finally dealt with before the commencement of this section.\nThe application may continue to be dealt with under the previous dispute resolution provisions, and by a person authorised to deal with the application immediately before the commencement, as if the Body Corporate and Community Management and Other Legislation Amendment Act 2003 , other than section 113 to the extent it inserts section 355, had not been enacted.\nIn this section—\nprevious dispute resolution provisions means the dispute resolution provisions in force immediately before the commencement.\ns 354 ins 2003 No. 6 s 113\n(sec.354-ssec.1) This section applies if an application for an order of an adjudicator made under the previous dispute resolution provisions has not been finally dealt with before the commencement of this section.\n(sec.354-ssec.2) The application may continue to be dealt with under the previous dispute resolution provisions, and by a person authorised to deal with the application immediately before the commencement, as if the Body Corporate and Community Management and Other Legislation Amendment Act 2003 , other than section 113 to the extent it inserts section 355, had not been enacted.\n(sec.354-ssec.3) In this section— previous dispute resolution provisions means the dispute resolution provisions in force immediately before the commencement.","sortOrder":577},{"sectionNumber":"ch.8-pt.3A","sectionType":"part","heading":"Transitional provision for Property Agents and Motor Dealers and Other Acts Amendment Act 2006","content":"# Transitional provision for Property Agents and Motor Dealers and Other Acts Amendment Act 2006","sortOrder":578},{"sectionNumber":"sec.354A","sectionType":"section","heading":"Transitional provision for s 213","content":"### sec.354A Transitional provision for s 213\n\nThis section applies to a contract relating to a proposed lot under the Land Sales Act 1984 that—\nwas entered into before 1 December 2005; and\ndid not have an information sheet attached to it as required under old section 213(5)(b) because the warning statement, the information sheet and the contract were given to the buyer by electronic communication; and\nwas not settled before the commencement of this section.\nThe buyer under the contract may, after the commencement, cancel the relevant contract under old section 213(6) because the information sheet was not attached as required under old section 213(5)(b) by giving signed, dated notice of cancellation to the seller if the notice of cancellation is given to the seller before whichever of the following happens first—\nthe relevant contract settles;\nthe end of 1 month after the date of assent of the Property Agents and Motor Dealers and Other Acts Amendment Act 2006 .\nIf the buyer does not cancel the contract as provided under subsection (2), the buyer’s rights under old section 213 to cancel the contract for the reason mentioned in subsection (2) are extinguished.\nIn this section—\nelectronic communication see the Electronic Transactions (Queensland) Act 2001 , schedule 2 .\nold section 213 means section 213 as in force before 1 December 2005.\nold section 213(5)(b) means section 213(5)(b) as in force before 1 December 2005.\nold section 213(6) means section 213(6) as in force before 1 December 2005.\nwarning statement has the meaning given by the Property Agents and Motor Dealers Act 2000 , section 366 (1) as in force before 1 December 2005.\ns 354A ins 2006 No. 10 s 89 sch 2\n(sec.354A-ssec.1) This section applies to a contract relating to a proposed lot under the Land Sales Act 1984 that— was entered into before 1 December 2005; and did not have an information sheet attached to it as required under old section 213(5)(b) because the warning statement, the information sheet and the contract were given to the buyer by electronic communication; and was not settled before the commencement of this section.\n(sec.354A-ssec.2) The buyer under the contract may, after the commencement, cancel the relevant contract under old section 213(6) because the information sheet was not attached as required under old section 213(5)(b) by giving signed, dated notice of cancellation to the seller if the notice of cancellation is given to the seller before whichever of the following happens first— the relevant contract settles; the end of 1 month after the date of assent of the Property Agents and Motor Dealers and Other Acts Amendment Act 2006 .\n(sec.354A-ssec.3) If the buyer does not cancel the contract as provided under subsection (2), the buyer’s rights under old section 213 to cancel the contract for the reason mentioned in subsection (2) are extinguished.\n(sec.354A-ssec.4) In this section— electronic communication see the Electronic Transactions (Queensland) Act 2001 , schedule 2 . old section 213 means section 213 as in force before 1 December 2005. old section 213(5)(b) means section 213(5)(b) as in force before 1 December 2005. old section 213(6) means section 213(6) as in force before 1 December 2005. warning statement has the meaning given by the Property Agents and Motor Dealers Act 2000 , section 366 (1) as in force before 1 December 2005.\n- (a) was entered into before 1 December 2005; and\n- (b) did not have an information sheet attached to it as required under old section 213(5)(b) because the warning statement, the information sheet and the contract were given to the buyer by electronic communication; and\n- (c) was not settled before the commencement of this section.\n- (a) the relevant contract settles;\n- (b) the end of 1 month after the date of assent of the Property Agents and Motor Dealers and Other Acts Amendment Act 2006 .","sortOrder":579},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":580},{"sectionNumber":"sec.355","sectionType":"section","heading":null,"content":"### Section sec.355\n\ns 355 ins 2003 No. 6 s 113\namd 2005 No. 14 s 2 sch\nexp 4 March 2006 (see s 355(2))","sortOrder":581},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":582},{"sectionNumber":"sec.356","sectionType":"section","heading":null,"content":"### Section sec.356\n\ns 356 ins 2006 No. 9 s 53 sch\nom 2013 No. 39 s 109 sch 2","sortOrder":583},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2007","content":"# Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2007","sortOrder":584},{"sectionNumber":"sec.357","sectionType":"section","heading":"Definition for pt 6","content":"### sec.357 Definition for pt 6\n\nIn this part—\namending Act means the Body Corporate and Community Management and Other Legislation Amendment Act 2007 .\ns 357 ins 2007 No. 11 s 67","sortOrder":585},{"sectionNumber":"sec.358","sectionType":"section","heading":"Existing applications for adjustment of lot entitlement schedules","content":"### sec.358 Existing applications for adjustment of lot entitlement schedules\n\nThis section applies if an application for an order of the District Court or a specialist adjudicator for the adjustment of a lot entitlement schedule was made, but not disposed of, before the commencement of this section (the commencement ).\nThe application is to be dealt with under this Act as if the amending Act had not been enacted and previous section 48(9) applies in relation to an adjustment of a lot entitlement schedule ordered by the court or specialist adjudicator.\nIn this section—\nprevious section 48(9) means section 48(9) as in force immediately before the commencement.\ns 358 ins 2007 No. 11 s 67\n(sec.358-ssec.1) This section applies if an application for an order of the District Court or a specialist adjudicator for the adjustment of a lot entitlement schedule was made, but not disposed of, before the commencement of this section (the commencement ).\n(sec.358-ssec.2) The application is to be dealt with under this Act as if the amending Act had not been enacted and previous section 48(9) applies in relation to an adjustment of a lot entitlement schedule ordered by the court or specialist adjudicator.\n(sec.358-ssec.3) In this section— previous section 48(9) means section 48(9) as in force immediately before the commencement.","sortOrder":586},{"sectionNumber":"sec.359","sectionType":"section","heading":"Other existing applications","content":"### sec.359 Other existing applications\n\nThis section applies if an application for the resolution of a dispute, other than an application for the adjustment of a lot entitlement schedule, was made under chapter 6, but not disposed of, before the commencement of this section.\nThe application is to be dealt with under this Act as if the amending Act had not been enacted.\ns 359 ins 2007 No. 11 s 67\n(sec.359-ssec.1) This section applies if an application for the resolution of a dispute, other than an application for the adjustment of a lot entitlement schedule, was made under chapter 6, but not disposed of, before the commencement of this section.\n(sec.359-ssec.2) The application is to be dealt with under this Act as if the amending Act had not been enacted.","sortOrder":587},{"sectionNumber":"sec.360","sectionType":"section","heading":"Existing appeals","content":"### sec.360 Existing appeals\n\nThis section applies if—\nimmediately before the commencement of this section (the commencement ), a person was entitled to appeal under section 289 or 304 to the District Court but had not started the appeal; or\nan appeal was started under section 289 or 304, but not finished, before the commencement.\nThe appeal may be started or continued under this Act as if the amending Act had not been enacted.\ns 360 ins 2007 No. 11 s 67\n(sec.360-ssec.1) This section applies if— immediately before the commencement of this section (the commencement ), a person was entitled to appeal under section 289 or 304 to the District Court but had not started the appeal; or an appeal was started under section 289 or 304, but not finished, before the commencement.\n(sec.360-ssec.2) The appeal may be started or continued under this Act as if the amending Act had not been enacted.\n- (a) immediately before the commencement of this section (the commencement ), a person was entitled to appeal under section 289 or 304 to the District Court but had not started the appeal; or\n- (b) an appeal was started under section 289 or 304, but not finished, before the commencement.","sortOrder":588},{"sectionNumber":"sec.361","sectionType":"section","heading":"Existing dispute resolution officers","content":"### sec.361 Existing dispute resolution officers\n\nThis section applies to a person who, before the commencement of new section 236, held an appointment as a dispute resolution officer under previous section 236.\nThe person’s appointment continues in force after the commencement according to its terms and is taken to be an appointment under new section 236.\nIn this section—\nnew section 236 means section 236 as inserted by the Body Corporate and Community Management and Other Legislation Amendment Act 2007 .\nprevious section 236 means section 236 as in force before the commencement of new section 236.\ns 361 ins 2007 No. 11 s 67\n(sec.361-ssec.1) This section applies to a person who, before the commencement of new section 236, held an appointment as a dispute resolution officer under previous section 236.\n(sec.361-ssec.2) The person’s appointment continues in force after the commencement according to its terms and is taken to be an appointment under new section 236.\n(sec.361-ssec.3) In this section— new section 236 means section 236 as inserted by the Body Corporate and Community Management and Other Legislation Amendment Act 2007 . previous section 236 means section 236 as in force before the commencement of new section 236.","sortOrder":589},{"sectionNumber":"sec.362","sectionType":"section","heading":"Application of code of conduct for existing committee voting members","content":"### sec.362 Application of code of conduct for existing committee voting members\n\nThis section applies to a person who, before the commencement of this section (the commencement )—\nwas a committee member for a community titles scheme; and\na voting member of the committee under the regulation module applying to the scheme.\nThe code of conduct for committee voting members applies to the person only in relation to acts done or omissions made after the commencement.\ns 362 ins 2007 No. 11 s 67\n(sec.362-ssec.1) This section applies to a person who, before the commencement of this section (the commencement )— was a committee member for a community titles scheme; and a voting member of the committee under the regulation module applying to the scheme.\n(sec.362-ssec.2) The code of conduct for committee voting members applies to the person only in relation to acts done or omissions made after the commencement.\n- (a) was a committee member for a community titles scheme; and\n- (b) a voting member of the committee under the regulation module applying to the scheme.","sortOrder":590},{"sectionNumber":"ch.8-pt.6A","sectionType":"part","heading":"Transitional provision for Body Corporate and Community Management Amendment Act 2009","content":"# Transitional provision for Body Corporate and Community Management Amendment Act 2009","sortOrder":591},{"sectionNumber":"sec.362A","sectionType":"section","heading":"Section 212 to have retrospective effect","content":"### sec.362A Section 212 to have retrospective effect\n\nSection 212, as inserted by the Body Corporate and Community Management Amendment Act 2009 , (the inserted section ) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement.\nSubject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement).\nSubsection (1)—\ndoes not apply for the purpose of a contract settled before 5 June 2009; and\ndoes not apply for the purpose of—\na contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or\na legal proceeding relating to the lawfulness of the cancellation; and\ndoes not apply for the purpose of a legal proceeding decided before the commencement.\nIn this section—\ncommencement means the commencement of this section.\nexisting section 212(1) means section 212(1) as in force before the commencement.\nlegal proceeding , in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c).\ns 362A ins 2009 No. 20 s 4\namd 2011 No. 9 s 3 sch\n(sec.362A-ssec.1) Section 212, as inserted by the Body Corporate and Community Management Amendment Act 2009 , (the inserted section ) applies, to the exclusion of existing section 212(1), to a contract mentioned in the inserted section whether entered into before or after the commencement.\n(sec.362A-ssec.2) Subject to subsection (3), subsection (1) applies for all purposes (including a legal proceeding started but not decided before the commencement).\n(sec.362A-ssec.3) Subsection (1)— does not apply for the purpose of a contract settled before 5 June 2009; and does not apply for the purpose of— a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or a legal proceeding relating to the lawfulness of the cancellation; and does not apply for the purpose of a legal proceeding decided before the commencement.\n(sec.362A-ssec.4) In this section— commencement means the commencement of this section. existing section 212(1) means section 212(1) as in force before the commencement. legal proceeding , in subsection (2), includes an appeal from a legal proceeding mentioned in subsection (3)(c).\n- (a) does not apply for the purpose of a contract settled before 5 June 2009; and\n- (b) does not apply for the purpose of— (i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or (ii) a legal proceeding relating to the lawfulness of the cancellation; and\n- (i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or\n- (ii) a legal proceeding relating to the lawfulness of the cancellation; and\n- (c) does not apply for the purpose of a legal proceeding decided before the commencement.\n- (i) a contract that has, before 5 June 2009, been lawfully cancelled because the contract failed to make provision as required by existing section 212(1); or\n- (ii) a legal proceeding relating to the lawfulness of the cancellation; and","sortOrder":592},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009","content":"# Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009","sortOrder":593},{"sectionNumber":"sec.363","sectionType":"section","heading":"Purpose of pt 7","content":"### sec.363 Purpose of pt 7\n\nThe purpose of this part is to provide that a proceeding for an appeal from an order of an adjudicator that is, under the QCAT Act, chapter 7 , started before QCAT, taken to be before QCAT, or transferred to QCAT, is to be dealt with in QCAT’s appeal jurisdiction rather than its review jurisdiction.\ns 363 ins 2009 No. 24 s 385","sortOrder":594},{"sectionNumber":"sec.364","sectionType":"section","heading":"Definition for pt 7","content":"### sec.364 Definition for pt 7\n\nIn this part—\nformer tribunal means the Commercial and Consumer Tribunal established under the repealed Commercial and Consumer Tribunal Act 2003 .\ns 364 ins 2009 No. 24 s 385","sortOrder":595},{"sectionNumber":"sec.365","sectionType":"section","heading":"Appeal from order of an adjudicator that could have been made to the former tribunal","content":"### sec.365 Appeal from order of an adjudicator that could have been made to the former tribunal\n\nThis section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, under the QCAT Act, section 255 .\nFor applying the QCAT Act, section 255 (3)(b) and (4) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\nSubsection (2) applies despite the QCAT Act, section 255 (5) .\ns 365 ins 2009 No. 24 s 385\n(sec.365-ssec.1) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, under the QCAT Act, section 255 .\n(sec.365-ssec.2) For applying the QCAT Act, section 255 (3)(b) and (4) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\n(sec.365-ssec.3) Subsection (2) applies despite the QCAT Act, section 255 (5) .","sortOrder":596},{"sectionNumber":"sec.366","sectionType":"section","heading":"Appeal from order of an adjudicator that could have been made to the District Court","content":"### sec.366 Appeal from order of an adjudicator that could have been made to the District Court\n\nThis section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, before QCAT under the QCAT Act, section 267 .\nFor applying the QCAT Act, section 267 (4) (b) and (5) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\nSubsection (2) applies despite the QCAT Act, section 267 (6) .\ns 366 ins 2009 No. 24 s 385\n(sec.366-ssec.1) This section applies if a proceeding for an appeal from an order of an adjudicator is started, or is to be started, before QCAT under the QCAT Act, section 267 .\n(sec.366-ssec.2) For applying the QCAT Act, section 267 (4) (b) and (5) to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\n(sec.366-ssec.3) Subsection (2) applies despite the QCAT Act, section 267 (6) .","sortOrder":597},{"sectionNumber":"sec.367","sectionType":"section","heading":"Existing appeal taken to be before QCAT or transferred to QCAT","content":"### sec.367 Existing appeal taken to be before QCAT or transferred to QCAT\n\nThis section applies to—\nan existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or\nan existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4).\nFor applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\nSubsection (2) applies despite the QCAT Act, section 271 (3) .\nIn this section—\nexisting court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court.\nexisting tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal.\ns 367 ins 2009 No. 24 s 385\n(sec.367-ssec.1) This section applies to— an existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4).\n(sec.367-ssec.2) For applying the QCAT Act, section 271 to the proceeding, the proceeding is taken to be an appeal to the appeal tribunal against the making of the order by the adjudicator.\n(sec.367-ssec.3) Subsection (2) applies despite the QCAT Act, section 271 (3) .\n(sec.367-ssec.4) In this section— existing court proceeding means an existing court proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the District Court. existing tribunal proceeding means an existing tribunal proceeding within the meaning of the QCAT Act, section 244 that is for an appeal from an order of an adjudicator to the former tribunal.\n- (a) an existing tribunal proceeding that is taken under the QCAT Act, chapter 7 , part 2 , division 3 to be a proceeding before QCAT; or\n- (b) an existing court proceeding that is transferred to QCAT under the QCAT Act, section 268 (4).","sortOrder":598},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Transitional provisions for the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010","content":"# Transitional provisions for the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010","sortOrder":599},{"sectionNumber":"sec.368","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.368 Definitions for pt 8\n\nIn this part—\namended chapter 5 means chapter 5 as in force after the commencement.\ncommencement means the commencement of this section.\npre-amended provisions means sections 205A, 206, 206A, 213 and 213A as in force before the commencement.\npre-amendment contract means a pre-amendment non-residential contract or a pre-amendment residential contract.\npre-amendment non-residential contract means a contract to which the pre-amended provision, section 206(5) or 213(5), applied before the commencement.\npre-amendment residential contract means a contract to which the pre-amended provision, section 206(6) or 213(5A), applied before the commencement.\nresidential property see section 205A.\ns 368 ins 2010 No. 30 s 22","sortOrder":600},{"sectionNumber":"sec.369","sectionType":"section","heading":"Matters relating to cancellation of pre-amendment contracts","content":"### sec.369 Matters relating to cancellation of pre-amendment contracts\n\nA pre-amendment contract can not be cancelled under the pre-amended provisions after the commencement.\nThe cancellation, under the pre-amended provisions, of a pre-amendment contract having effect immediately before the commencement continues to have effect.\ns 369 ins 2010 No. 30 s 22\n(sec.369-ssec.1) A pre-amendment contract can not be cancelled under the pre-amended provisions after the commencement.\n(sec.369-ssec.2) The cancellation, under the pre-amended provisions, of a pre-amendment contract having effect immediately before the commencement continues to have effect.","sortOrder":601},{"sectionNumber":"sec.370","sectionType":"section","heading":"Termination relating to particular contracts for sale of lots that are not residential property","content":"### sec.370 Termination relating to particular contracts for sale of lots that are not residential property\n\nThis section applies if —\na contract form for the sale of a lot that is not residential property was given to a proposed buyer by a seller before the commencement; and\nthe contract form became or becomes a contract before, on or after the commencement.\nThe contract may be terminated under amended section 206(7)(b) and for that purpose amended section 206(5) applies with the change mentioned in subsection (3).\nFor applying amended section 206(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.\nFor applying amended section 206(5) (the provision ) as mentioned in subsection (3)—\na reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(5); and\nthe word ‘attached’ has the meaning it has in amended chapter 5.\nIn this section—\namended section 206(5) means section 206(5) as in force after the commencement.\namended section 206(7)(b) means section 206(7)(b) as in force after the commencement.\ns 370 ins 2010 No. 30 s 22\n(sec.370-ssec.1) This section applies if — a contract form for the sale of a lot that is not residential property was given to a proposed buyer by a seller before the commencement; and the contract form became or becomes a contract before, on or after the commencement.\n(sec.370-ssec.2) The contract may be terminated under amended section 206(7)(b) and for that purpose amended section 206(5) applies with the change mentioned in subsection (3).\n(sec.370-ssec.3) For applying amended section 206(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.\n(sec.370-ssec.4) For applying amended section 206(5) (the provision ) as mentioned in subsection (3)— a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(5); and the word ‘attached’ has the meaning it has in amended chapter 5.\n(sec.370-ssec.5) In this section— amended section 206(5) means section 206(5) as in force after the commencement. amended section 206(7)(b) means section 206(7)(b) as in force after the commencement.\n- (a) a contract form for the sale of a lot that is not residential property was given to a proposed buyer by a seller before the commencement; and\n- (b) the contract form became or becomes a contract before, on or after the commencement.\n- (a) a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(5); and\n- (b) the word ‘attached’ has the meaning it has in amended chapter 5.","sortOrder":602},{"sectionNumber":"sec.371","sectionType":"section","heading":"Termination relating to particular contracts for sale of lots that are residential property","content":"### sec.371 Termination relating to particular contracts for sale of lots that are residential property\n\nThis section applies if—\na contract form for the sale of a lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and\nthe contract form became or becomes a contract before, on or after the commencement.\nThe contract may be terminated under amended section 206A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).\nFor applying amended section 206A in relation to the contract—\nin subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and\nin subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and\nin subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and\nsubsection (9) of the section is taken to be omitted.\nFor amended section 206A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.\nFor applying amended section 206A as mentioned in subsection (3)(a) or (b)—\na reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(6); and\nthe word ‘attached’ has the meaning it has in amended chapter 5.\nIn this section—\namended section 205A means section 205A as in force after the commencement.\namended section 206A means section 206A as in force after the commencement.\nattached see amended section 205A.\ns 371 ins 2010 No. 30 s 22\n(sec.371-ssec.1) This section applies if— a contract form for the sale of a lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and the contract form became or becomes a contract before, on or after the commencement.\n(sec.371-ssec.2) The contract may be terminated under amended section 206A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).\n(sec.371-ssec.3) For applying amended section 206A in relation to the contract— in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and subsection (9) of the section is taken to be omitted.\n(sec.371-ssec.4) For amended section 206A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.\n(sec.371-ssec.5) For applying amended section 206A as mentioned in subsection (3)(a) or (b)— a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(6); and the word ‘attached’ has the meaning it has in amended chapter 5.\n(sec.371-ssec.6) In this section— amended section 205A means section 205A as in force after the commencement. amended section 206A means section 206A as in force after the commencement. attached see amended section 205A.\n- (a) a contract form for the sale of a lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and\n- (b) the contract form became or becomes a contract before, on or after the commencement.\n- (a) in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and\n- (b) in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and\n- (c) in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and\n- (d) subsection (9) of the section is taken to be omitted.\n- (a) a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 206(6); and\n- (b) the word ‘attached’ has the meaning it has in amended chapter 5.","sortOrder":603},{"sectionNumber":"sec.372","sectionType":"section","heading":"Termination relating to particular contracts for sale of proposed lots that are not residential property","content":"### sec.372 Termination relating to particular contracts for sale of proposed lots that are not residential property\n\nThis section applies if —\na contract form for the sale of a proposed lot that is not residential property was given to a proposed buyer by a seller before the commencement; and\nthe contract form became or becomes a contract before, on or after the commencement.\nThe contract may be terminated under amended section 213(6)(b) and for that purpose amended section 213(5) applies with the change mentioned in subsection (3).\nFor applying amended section 213(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.\nFor applying amended section 213(5) (the provision ) as mentioned in subsection (3)—\na reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5); and\nthe word ‘attached’ has the meaning it has in amended chapter 5.\nIn this section—\namended section 213 means section 213 as in force after the commencement.\namended section 213(5) means section 213(5) as in force after the commencement.\namended section 213(6)(b) means section 213(6)(b) as in force after the commencement.\nproposed lot has the same meaning as the term has in amended section 213.\ns 372 ins 2010 No. 30 s 22\n(sec.372-ssec.1) This section applies if — a contract form for the sale of a proposed lot that is not residential property was given to a proposed buyer by a seller before the commencement; and the contract form became or becomes a contract before, on or after the commencement.\n(sec.372-ssec.2) The contract may be terminated under amended section 213(6)(b) and for that purpose amended section 213(5) applies with the change mentioned in subsection (3).\n(sec.372-ssec.3) For applying amended section 213(5), all words from ‘must’ to ‘buyer’ are taken to be omitted and replaced by the words ‘must have had an information sheet in the approved form attached to the contract when the contract was given to the buyer’.\n(sec.372-ssec.4) For applying amended section 213(5) (the provision ) as mentioned in subsection (3)— a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5); and the word ‘attached’ has the meaning it has in amended chapter 5.\n(sec.372-ssec.5) In this section— amended section 213 means section 213 as in force after the commencement. amended section 213(5) means section 213(5) as in force after the commencement. amended section 213(6)(b) means section 213(6)(b) as in force after the commencement. proposed lot has the same meaning as the term has in amended section 213.\n- (a) a contract form for the sale of a proposed lot that is not residential property was given to a proposed buyer by a seller before the commencement; and\n- (b) the contract form became or becomes a contract before, on or after the commencement.\n- (a) a reference in the provision to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5); and\n- (b) the word ‘attached’ has the meaning it has in amended chapter 5.","sortOrder":604},{"sectionNumber":"sec.373","sectionType":"section","heading":"Termination relating to particular contracts for sale of proposed lots that are residential property","content":"### sec.373 Termination relating to particular contracts for sale of proposed lots that are residential property\n\nThis section applies if—\na contract form for the sale of a proposed lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and\nthe contract form became or becomes a contract before, on or after the commencement.\nThe contract may be terminated under amended section 213A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).\nFor applying amended section 213A in relation to the contract—\nin subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and\nin subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and\nin subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and\nin subsection (9), the definition contract form is taken to be omitted.\nFor amended section 213A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.\nFor applying amended section 213A as mentioned in subsection (3)(a) or (b)—\na reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5A); and\nthe word ‘attached’ has the meaning it has in amended chapter 5.\nIn this section—\namended section 205A means section 205A as in force after the commencement.\namended section 213 means section 213 as in force after the commencement.\namended section 213A means section 213A as in force after the commencement.\nattached see amended section 205A.\nproposed lot has the same meaning as the term has in amended section 213.\ns 373 ins 2010 No. 30 s 22\n(sec.373-ssec.1) This section applies if— a contract form for the sale of a proposed lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and the contract form became or becomes a contract before, on or after the commencement.\n(sec.373-ssec.2) The contract may be terminated under amended section 213A and, for that purpose, the section applies with all necessary and convenient changes and the changes mentioned in subsection (3).\n(sec.373-ssec.3) For applying amended section 213A in relation to the contract— in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and in subsection (9), the definition contract form is taken to be omitted.\n(sec.373-ssec.4) For amended section 213A(1) as applying under subsection (3)(a), it is declared that a person failed to give a clear statement directing attention to an information sheet in the approved form if, at the time the clear statement was given, the information sheet was not attached to the contract form.\n(sec.373-ssec.5) For applying amended section 213A as mentioned in subsection (3)(a) or (b)— a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5A); and the word ‘attached’ has the meaning it has in amended chapter 5.\n(sec.373-ssec.6) In this section— amended section 205A means section 205A as in force after the commencement. amended section 213 means section 213 as in force after the commencement. amended section 213A means section 213A as in force after the commencement. attached see amended section 205A. proposed lot has the same meaning as the term has in amended section 213.\n- (a) a contract form for the sale of a proposed lot that is residential property was given to a proposed buyer by a seller or a seller’s agent before the commencement; and\n- (b) the contract form became or becomes a contract before, on or after the commencement.\n- (a) in subsection (1) of the section all words from ‘fails’ to ‘section 368A(2)(c)(ii)’ are taken to be omitted and to be replaced by the words ‘failed to give the buyer a clear statement directing the buyer’s attention to an information sheet in the approved form when the seller or the seller’s agent gave the buyer the contract form for the contract’; and\n- (b) in subsection (3) of the section all words from ‘if’ to ‘signed the contract form’ are taken to be omitted and to be replaced by the words ‘if the information sheet was attached to the contract form and the buyer signed the information sheet before the buyer signed the contract form’; and\n- (c) in subsection (4) of the section the word ‘receives’ is taken to be omitted and to be replaced by the words ‘received or receives’; and\n- (d) in subsection (9), the definition contract form is taken to be omitted.\n- (a) a reference in the section to an information sheet in the approved form is a reference to an information sheet in the approved form under the pre-amended provision, section 213(5A); and\n- (b) the word ‘attached’ has the meaning it has in amended chapter 5.","sortOrder":605},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2011","content":"# Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2011","sortOrder":606},{"sectionNumber":"ch.8-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":607},{"sectionNumber":"sec.374","sectionType":"section","heading":"Definition for pt 9","content":"### sec.374 Definition for pt 9\n\nIn this part—\ncommencement means commencement of this section.\ns 374 ins 2011 No. 9 s 41","sortOrder":608},{"sectionNumber":"ch.8-pt.9-div.2","sectionType":"division","heading":"Interest schedules for particular schemes","content":"## Interest schedules for particular schemes","sortOrder":609},{"sectionNumber":"sec.375","sectionType":"section","heading":"Interest schedules for particular schemes","content":"### sec.375 Interest schedules for particular schemes\n\nThis section applies to a community titles scheme established after the commencement if a contract for the sale of a lot intended to come into existence as a lot included in the scheme was entered into before the commencement.\nSection 46(8) does not apply in relation to the interest schedule for the community titles scheme.\nIn deciding the interest schedule lot entitlements for the community titles scheme, regard must be had to—\nhow the scheme is structured; and\nthe nature, features and characteristics of the lots included in the scheme; and\nthe purposes for which the lots are used.\nDespite subsection (2), section 48(5) applies to an order of a specialist adjudicator or QCAT to adjust the interest schedule for the community titles scheme.\ns 375 ins 2011 No. 9 s 41\n(sec.375-ssec.1) This section applies to a community titles scheme established after the commencement if a contract for the sale of a lot intended to come into existence as a lot included in the scheme was entered into before the commencement.\n(sec.375-ssec.2) Section 46(8) does not apply in relation to the interest schedule for the community titles scheme.\n(sec.375-ssec.3) In deciding the interest schedule lot entitlements for the community titles scheme, regard must be had to— how the scheme is structured; and the nature, features and characteristics of the lots included in the scheme; and the purposes for which the lots are used.\n(sec.375-ssec.4) Despite subsection (2), section 48(5) applies to an order of a specialist adjudicator or QCAT to adjust the interest schedule for the community titles scheme.\n- (a) how the scheme is structured; and\n- (b) the nature, features and characteristics of the lots included in the scheme; and\n- (c) the purposes for which the lots are used.","sortOrder":610},{"sectionNumber":"ch.8-pt.9-div.3","sectionType":"division","heading":"Effect of particular actions relating to contribution schedule lot entitlements","content":"## Effect of particular actions relating to contribution schedule lot entitlements","sortOrder":611},{"sectionNumber":"sec.376","sectionType":"section","heading":"Application of div 3","content":"### sec.376 Application of div 3\n\nThis division applies to each of the following (each a pre-commencement adjustment action )—\na motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that—\nwas made before the commencement; and\nhas not been passed by the body corporate at the commencement;\na resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that—\nwas made before the commencement; and\nhas not been given effect at the commencement;\nan application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement;\na decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that—\nwas made before the commencement; and\nhas not been given effect at the commencement;\nan appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement;\na decision of an appeal entity to adjust the contribution schedule for a community titles scheme that—\nwas made before the commencement; and\nhas not been given effect at the commencement.\nFor subsection (1)(a), a motion submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme on the basis of either of the following is not a pre-commencement adjustment action—\nthe deciding principle for the contribution schedule lot entitlements for the lots included in the scheme;\nanother principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle.\nSee section 47A for the adjustments of contribution schedule lot entitlements for the lots included in a community titles scheme that may be made by the body corporate by resolution without dissent.\nFor subsection (1)(b), (d) and (f), a body corporate’s resolution, or a specialist adjudicator’s, QCAT’s or appeal entity’s decision, to adjust the contribution schedule for a community titles scheme has not been given effect if a new community management statement incorporating the adjustment has not been recorded.\nIn this section—\nappeal entity means a court or tribunal having jurisdiction to hear and decide an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme.\ns 376 ins 2011 No. 9 s 41\n(sec.376-ssec.1) This division applies to each of the following (each a pre-commencement adjustment action )— a motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that— was made before the commencement; and has not been passed by the body corporate at the commencement; a resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that— was made before the commencement; and has not been given effect at the commencement; an application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement; a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that— was made before the commencement; and has not been given effect at the commencement; an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement; a decision of an appeal entity to adjust the contribution schedule for a community titles scheme that— was made before the commencement; and has not been given effect at the commencement.\n(sec.376-ssec.2) For subsection (1)(a), a motion submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme on the basis of either of the following is not a pre-commencement adjustment action— the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme; another principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle. See section 47A for the adjustments of contribution schedule lot entitlements for the lots included in a community titles scheme that may be made by the body corporate by resolution without dissent.\n(sec.376-ssec.3) For subsection (1)(b), (d) and (f), a body corporate’s resolution, or a specialist adjudicator’s, QCAT’s or appeal entity’s decision, to adjust the contribution schedule for a community titles scheme has not been given effect if a new community management statement incorporating the adjustment has not been recorded.\n(sec.376-ssec.4) In this section— appeal entity means a court or tribunal having jurisdiction to hear and decide an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme.\n- (a) a motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that— (i) was made before the commencement; and (ii) has not been passed by the body corporate at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been passed by the body corporate at the commencement;\n- (b) a resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that— (i) was made before the commencement; and (ii) has not been given effect at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement;\n- (c) an application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement;\n- (d) a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that— (i) was made before the commencement; and (ii) has not been given effect at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement;\n- (e) an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement;\n- (f) a decision of an appeal entity to adjust the contribution schedule for a community titles scheme that— (i) was made before the commencement; and (ii) has not been given effect at the commencement.\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement.\n- (i) was made before the commencement; and\n- (ii) has not been passed by the body corporate at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement;\n- (i) was made before the commencement; and\n- (ii) has not been given effect at the commencement.\n- (a) the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme;\n- (b) another principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle.","sortOrder":612},{"sectionNumber":"sec.377","sectionType":"section","heading":"Pre-commencement adjustment actions cease to have effect","content":"### sec.377 Pre-commencement adjustment actions cease to have effect\n\nEach pre-commencement adjustment action ceases to have effect at the commencement.\nWithout limiting subsection (1)—\nthe pre-commencement adjustment action is taken to have never been made; and\nno further action may be taken in relation to the pre-commencement adjustment action.\ns 377 ins 2011 No. 9 s 41\n(sec.377-ssec.1) Each pre-commencement adjustment action ceases to have effect at the commencement.\n(sec.377-ssec.2) Without limiting subsection (1)— the pre-commencement adjustment action is taken to have never been made; and no further action may be taken in relation to the pre-commencement adjustment action.\n- (a) the pre-commencement adjustment action is taken to have never been made; and\n- (b) no further action may be taken in relation to the pre-commencement adjustment action.","sortOrder":613},{"sectionNumber":"ch.8-pt.9-div.4","sectionType":"division","heading":"Adjustment of contribution schedule for existing scheme to which adjustment order applies","content":"## Adjustment of contribution schedule for existing scheme to which adjustment order applies","sortOrder":614},{"sectionNumber":"sec.378","sectionType":"section","heading":"Definitions for div 4","content":"### sec.378 Definitions for div 4\n\nIn this division—\nadjustment order —\nmeans an order of a court, tribunal or specialist adjudicator, made before the commencement, providing for an adjustment of the contribution schedule for an existing scheme; but\ndoes not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal).\nan order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme\na written agreement that—\nis between an owner of a lot included in an existing scheme and the body corporate; and\nprovides for the adjustment of the contribution schedule for the scheme; and\nis filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\nchanged entitlements , for an existing scheme, means the contribution schedule lot entitlements for the scheme after a new community management statement is recorded for the scheme because a relevant decision is made in relation to the scheme.\nexisting scheme means a community titles scheme established before the commencement.\npre-adjustment order entitlements , for an existing scheme to which an adjustment order applies, means—\nif the adjustment order is the only adjustment order applying to the scheme—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the order was made; or\notherwise—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the first adjustment order applying to the scheme was made.\nrelevant decision means—\na decision of the committee for the body corporate for an existing scheme under section 385(4); or\na decision of the body corporate for an existing scheme under section 387(2); or\nan order of a specialist adjudicator or QCAT under section 388.\ns 378 ins 2011 No. 9 s 41\n- (a) means an order of a court, tribunal or specialist adjudicator, made before the commencement, providing for an adjustment of the contribution schedule for an existing scheme; but\n- (b) does not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal). Examples for paragraph (b)— • an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme • a written agreement that— (a) is between an owner of a lot included in an existing scheme and the body corporate; and (b) provides for the adjustment of the contribution schedule for the scheme; and (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- • an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme\n- • a written agreement that— (a) is between an owner of a lot included in an existing scheme and the body corporate; and (b) provides for the adjustment of the contribution schedule for the scheme; and (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- (a) is between an owner of a lot included in an existing scheme and the body corporate; and\n- (b) provides for the adjustment of the contribution schedule for the scheme; and\n- (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- • an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme\n- • a written agreement that— (a) is between an owner of a lot included in an existing scheme and the body corporate; and (b) provides for the adjustment of the contribution schedule for the scheme; and (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- (a) is between an owner of a lot included in an existing scheme and the body corporate; and\n- (b) provides for the adjustment of the contribution schedule for the scheme; and\n- (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- (a) is between an owner of a lot included in an existing scheme and the body corporate; and\n- (b) provides for the adjustment of the contribution schedule for the scheme; and\n- (c) is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal\n- (a) if the adjustment order is the only adjustment order applying to the scheme—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the order was made; or\n- (b) otherwise—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the first adjustment order applying to the scheme was made.\n- (a) a decision of the committee for the body corporate for an existing scheme under section 385(4); or\n- (b) a decision of the body corporate for an existing scheme under section 387(2); or\n- (c) an order of a specialist adjudicator or QCAT under section 388.","sortOrder":615},{"sectionNumber":"sec.379","sectionType":"section","heading":"Motion proposing adjustment of contribution schedule","content":"### sec.379 Motion proposing adjustment of contribution schedule\n\nSubsection (2) applies if—\nan adjustment order increased the proportion of the total contribution schedule lot entitlements for all the lots included in an existing scheme that are attributable to a lot included in the scheme; and\nbefore the commencement, a new community management statement reflecting the increase has been recorded.\nThe owner of the lot may submit a motion proposing the adjustment of the contribution schedule for the existing scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384, to—\nif there is a committee for the body corporate—the committee; or\notherwise—the body corporate.\nSubsection (2) does not apply to a person who—\nbecame an owner of the lot after the adjustment order was made; or\nbecomes an owner of the lot after the commencement.\nSubsection (2) ceases to apply 3 years after the commencement.\nUnder section 398, this section no longer applies.\ns 379 ins 2011 No. 9 s 41\namd 2013 No. 11 s 12 (retro)\n(sec.379-ssec.1) Subsection (2) applies if— an adjustment order increased the proportion of the total contribution schedule lot entitlements for all the lots included in an existing scheme that are attributable to a lot included in the scheme; and before the commencement, a new community management statement reflecting the increase has been recorded.\n(sec.379-ssec.2) The owner of the lot may submit a motion proposing the adjustment of the contribution schedule for the existing scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384, to— if there is a committee for the body corporate—the committee; or otherwise—the body corporate.\n(sec.379-ssec.3) Subsection (2) does not apply to a person who— became an owner of the lot after the adjustment order was made; or becomes an owner of the lot after the commencement.\n(sec.379-ssec.4) Subsection (2) ceases to apply 3 years after the commencement. Under section 398, this section no longer applies.\n- (a) an adjustment order increased the proportion of the total contribution schedule lot entitlements for all the lots included in an existing scheme that are attributable to a lot included in the scheme; and\n- (b) before the commencement, a new community management statement reflecting the increase has been recorded.\n- (a) if there is a committee for the body corporate—the committee; or\n- (b) otherwise—the body corporate.\n- (a) became an owner of the lot after the adjustment order was made; or\n- (b) becomes an owner of the lot after the commencement.","sortOrder":616},{"sectionNumber":"sec.380","sectionType":"section","heading":"Purpose of sdiv 3","content":"### sec.380 Purpose of sdiv 3\n\nThis subdivision provides for how a motion under section 379 must be dealt with, including providing for the adjustment of the pre-adjustment order entitlements for an existing scheme in circumstances to which sections 381 to 384 apply.\ns 380 ins 2011 No. 9 s 41","sortOrder":617},{"sectionNumber":"sec.381","sectionType":"section","heading":"Adjustment if a lot in existing scheme has been subdivided","content":"### sec.381 Adjustment if a lot in existing scheme has been subdivided\n\nThis section applies if a lot (the pre-subdivision lot ) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises 2 or more lots (the post-subdivision lots ) when a relevant decision is made in relation to the scheme.\nThe changed entitlements for the existing scheme must apportion the pre-adjustment order entitlement for the pre-subdivision lot between the post-subdivision lots according to the respective market values of the post-subdivision lots, except to the extent to which it is just and equitable in the circumstances for the individual contribution schedule lot entitlements for the post-subdivision lots not to reflect the respective market values of the lots.\nIn this section—\npre-adjustment order entitlement , for the pre-subdivision lot, means the proportion of the pre-adjustment order entitlements for the existing scheme attributable to the pre-subdivision lot.\ns 381 ins 2011 No. 9 s 41\n(sec.381-ssec.1) This section applies if a lot (the pre-subdivision lot ) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises 2 or more lots (the post-subdivision lots ) when a relevant decision is made in relation to the scheme.\n(sec.381-ssec.2) The changed entitlements for the existing scheme must apportion the pre-adjustment order entitlement for the pre-subdivision lot between the post-subdivision lots according to the respective market values of the post-subdivision lots, except to the extent to which it is just and equitable in the circumstances for the individual contribution schedule lot entitlements for the post-subdivision lots not to reflect the respective market values of the lots.\n(sec.381-ssec.3) In this section— pre-adjustment order entitlement , for the pre-subdivision lot, means the proportion of the pre-adjustment order entitlements for the existing scheme attributable to the pre-subdivision lot.","sortOrder":618},{"sectionNumber":"sec.382","sectionType":"section","heading":"Adjustment if 2 or more lots in existing scheme have been amalgamated","content":"### sec.382 Adjustment if 2 or more lots in existing scheme have been amalgamated\n\nThis section applies if 2 or more lots (the pre-amalgamation lots ) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises only 1 lot (the post-amalgamation lot ) when a relevant decision is made in relation to the scheme.\nThe changed entitlements for the existing scheme must provide for the contribution schedule lot entitlement for the post-amalgamation lot to be the total of the pre-adjustment order contribution schedule lot entitlements for the scheme attributable to the pre-amalgamation lots.\ns 382 ins 2011 No. 9 s 41\n(sec.382-ssec.1) This section applies if 2 or more lots (the pre-amalgamation lots ) in an existing scheme as it was when the pre-adjustment order entitlements for the scheme were decided comprises only 1 lot (the post-amalgamation lot ) when a relevant decision is made in relation to the scheme.\n(sec.382-ssec.2) The changed entitlements for the existing scheme must provide for the contribution schedule lot entitlement for the post-amalgamation lot to be the total of the pre-adjustment order contribution schedule lot entitlements for the scheme attributable to the pre-amalgamation lots.","sortOrder":619},{"sectionNumber":"sec.383","sectionType":"section","heading":"Adjustment if the boundary for a lot included in existing scheme has changed","content":"### sec.383 Adjustment if the boundary for a lot included in existing scheme has changed\n\nThis section applies if a constructing authority has given advice mentioned in section 51(1) to the body corporate for an existing scheme in relation to a boundary change for the lots included in the scheme that happened after the pre-adjustment order entitlements for the scheme were decided.\nThe changed entitlements for the existing scheme must take account of the boundary change, having regard to the lot entitlement adjustment advice obtained by the body corporate under section 51(2)(a) in relation to the boundary change.\ns 383 ins 2011 No. 9 s 41\n(sec.383-ssec.1) This section applies if a constructing authority has given advice mentioned in section 51(1) to the body corporate for an existing scheme in relation to a boundary change for the lots included in the scheme that happened after the pre-adjustment order entitlements for the scheme were decided.\n(sec.383-ssec.2) The changed entitlements for the existing scheme must take account of the boundary change, having regard to the lot entitlement adjustment advice obtained by the body corporate under section 51(2)(a) in relation to the boundary change.","sortOrder":620},{"sectionNumber":"sec.384","sectionType":"section","heading":"Adjustment if material change since contribution schedule lot entitlements decided","content":"### sec.384 Adjustment if material change since contribution schedule lot entitlements decided\n\nThis section applies if an existing scheme has been affected by a material change that happened after the pre-adjustment order entitlements for the scheme were decided.\nThe changed entitlements for the existing scheme must take account of the material change.\nHowever, any adjustments of the pre-adjustment order entitlements for the existing scheme to take account of the material change must—\nbe consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.\ns 384 ins 2011 No. 9 s 41\n(sec.384-ssec.1) This section applies if an existing scheme has been affected by a material change that happened after the pre-adjustment order entitlements for the scheme were decided.\n(sec.384-ssec.2) The changed entitlements for the existing scheme must take account of the material change.\n(sec.384-ssec.3) However, any adjustments of the pre-adjustment order entitlements for the existing scheme to take account of the material change must— be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.\n- (a) be consistent with the deciding principle for the pre-adjustment order entitlements, and just and equitable to the extent the deciding principle allows; or\n- (b) if there is no apparent deciding principle for the pre-adjustment order entitlements, be just and equitable.","sortOrder":621},{"sectionNumber":"sec.385","sectionType":"section","heading":"Body corporate committee to deal with motion if motion submitted to it","content":"### sec.385 Body corporate committee to deal with motion if motion submitted to it\n\nThis section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme.\nThe committee must, within 2 months after receiving the motion—\nidentify the pre-adjustment order entitlements for the existing scheme; and\ngive written notice to each owner of a lot included in the scheme—\nstating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and\nstating the committee’s proposed adjustment of the contribution schedule for the scheme; and\ninviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice.\nIf section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b).\nThe committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.\nThe committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision.\nThe body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—\nif the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or\nif the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\nSubsection (6)—\napplies despite section 47A; but\ndoes not apply if—\nan owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and\na specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and\nthe order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).\nAn owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply—\nunder chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or\nas provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.\ns 385 ins 2011 No. 9 s 41\n(sec.385-ssec.1) This section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme.\n(sec.385-ssec.2) The committee must, within 2 months after receiving the motion— identify the pre-adjustment order entitlements for the existing scheme; and give written notice to each owner of a lot included in the scheme— stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and stating the committee’s proposed adjustment of the contribution schedule for the scheme; and inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice.\n(sec.385-ssec.3) If section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b).\n(sec.385-ssec.4) The committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.\n(sec.385-ssec.5) The committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision.\n(sec.385-ssec.6) The body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to— if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n(sec.385-ssec.7) Subsection (6)— applies despite section 47A; but does not apply if— an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).\n(sec.385-ssec.8) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply— under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.\n- (a) identify the pre-adjustment order entitlements for the existing scheme; and\n- (b) give written notice to each owner of a lot included in the scheme— (i) stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and (ii) stating the committee’s proposed adjustment of the contribution schedule for the scheme; and (iii) inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice.\n- (i) stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and\n- (ii) stating the committee’s proposed adjustment of the contribution schedule for the scheme; and\n- (iii) inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice.\n- (i) stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and\n- (ii) stating the committee’s proposed adjustment of the contribution schedule for the scheme; and\n- (iii) inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice.\n- (a) if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or\n- (b) if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee.\n- (a) applies despite section 47A; but\n- (b) does not apply if— (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).\n- (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and\n- (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and\n- (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).\n- (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and\n- (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and\n- (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).\n- (a) under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or\n- (b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.","sortOrder":622},{"sectionNumber":"sec.386","sectionType":"section","heading":"Body corporate to call general meeting etc. if motion submitted to it","content":"### sec.386 Body corporate to call general meeting etc. if motion submitted to it\n\nThis section applies if a motion under section 379 is submitted to the body corporate for an existing scheme.\nWithin 2 months after receiving the motion, the body corporate must—\nidentify the pre-adjustment order entitlements for the existing scheme; and\nif section 381 applies to the scheme, obtain a valuation by a registered valuer stating the respective market values of lots included in the scheme; and\ncall a general meeting of its members to decide what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384.\nThe notice of the general meeting must be accompanied by written evidence of the pre-adjustment order entitlements for the existing scheme and, if a valuation is obtained under subsection (2)(b), the valuation.\nThe general meeting must be held within 28 days after it is called.\ns 386 ins 2011 No. 9 s 41\n(sec.386-ssec.1) This section applies if a motion under section 379 is submitted to the body corporate for an existing scheme.\n(sec.386-ssec.2) Within 2 months after receiving the motion, the body corporate must— identify the pre-adjustment order entitlements for the existing scheme; and if section 381 applies to the scheme, obtain a valuation by a registered valuer stating the respective market values of lots included in the scheme; and call a general meeting of its members to decide what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384.\n(sec.386-ssec.3) The notice of the general meeting must be accompanied by written evidence of the pre-adjustment order entitlements for the existing scheme and, if a valuation is obtained under subsection (2)(b), the valuation.\n(sec.386-ssec.4) The general meeting must be held within 28 days after it is called.\n- (a) identify the pre-adjustment order entitlements for the existing scheme; and\n- (b) if section 381 applies to the scheme, obtain a valuation by a registered valuer stating the respective market values of lots included in the scheme; and\n- (c) call a general meeting of its members to decide what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384.","sortOrder":623},{"sectionNumber":"sec.387","sectionType":"section","heading":"Decision at general meeting for motion submitted to body corporate","content":"### sec.387 Decision at general meeting for motion submitted to body corporate\n\nThis section applies in relation to a general meeting of the body corporate for an existing scheme called under section 386.\nAt the general meeting, the body corporate must decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.\nThe body corporate must, within 7 days after the general meeting, give each owner of a lot included in the existing scheme written notice of the body corporate’s decision under subsection (2).\nThe applicable regulation module also provides for a copy of the minutes of a general meeting of a community titles scheme to be given to each owner of a lot included in the scheme.\nThe body corporate must, within 3 months after the general meeting, lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—\nif the body corporate decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or\nif the body corporate decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements, subject to the changes under sections 381 to 384 decided by the body corporate.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\nSubsection (4)—\napplies despite section 47A; but\ndoes not apply if—\nan owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and\na specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and\nthe order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).\nAn owner of a lot included in the existing scheme may, within 28 days after receiving notice of the body corporate’s decision under subsection (3), apply—\nunder chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or\nas provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.\ns 387 ins 2011 No. 9 s 41\n(sec.387-ssec.1) This section applies in relation to a general meeting of the body corporate for an existing scheme called under section 386.\n(sec.387-ssec.2) At the general meeting, the body corporate must decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.\n(sec.387-ssec.3) The body corporate must, within 7 days after the general meeting, give each owner of a lot included in the existing scheme written notice of the body corporate’s decision under subsection (2). The applicable regulation module also provides for a copy of the minutes of a general meeting of a community titles scheme to be given to each owner of a lot included in the scheme.\n(sec.387-ssec.4) The body corporate must, within 3 months after the general meeting, lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to— if the body corporate decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or if the body corporate decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements, subject to the changes under sections 381 to 384 decided by the body corporate. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n(sec.387-ssec.5) Subsection (4)— applies despite section 47A; but does not apply if— an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).\n(sec.387-ssec.6) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the body corporate’s decision under subsection (3), apply— under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.\n- (a) if the body corporate decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or\n- (b) if the body corporate decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements, subject to the changes under sections 381 to 384 decided by the body corporate.\n- (a) applies despite section 47A; but\n- (b) does not apply if— (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).\n- (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and\n- (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and\n- (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).\n- (i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and\n- (ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and\n- (iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).\n- (a) under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or\n- (b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.","sortOrder":624},{"sectionNumber":"sec.388","sectionType":"section","heading":"QCAT or specialist adjudicator deciding adjustment","content":"### sec.388 QCAT or specialist adjudicator deciding adjustment\n\nThis section applies in relation to an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in an existing scheme.\nDespite any other law or statutory instrument, the respondent to the application is the body corporate.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6—section 243; or\nfor an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\nIf the owner applies under chapter 6 for an order of a specialist adjudicator—\nat the election of another owner of a lot in the existing scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application.\nAn owner of a lot included in the existing scheme who elects, under subsection (3)(a), to become a respondent to the application must give written notice of the election to the body corporate.\nIf the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the adjusted contribution schedule lot entitlements for the lots included in the scheme must—\nbe consistent with the deciding principle for the pre-adjustment order entitlements for the scheme, and be just and equitable to the extent the deciding principle allows; or\nif there is no apparent deciding principle for the pre-adjustment order entitlements for the scheme, be just and equitable.\nTo remove any doubt, it is declared that, if there is a deciding principle for the pre-adjustment order entitlements for the existing scheme, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.\nThe only matters to which the specialist adjudicator or QCAT may have regard for deciding the application are—\nif the pre-adjustment order entitlements for the existing scheme were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49; and\nwhether any of sections 381 to 384 apply to the scheme and, if so, what adjustments should be made to the pre-adjustment order entitlements for the scheme under those sections.\nIf the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the body corporate must, within 3 months after the order is made, lodge a request to record a new community management statement incorporating the adjustment.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\nSubsection (8) does not apply if—\nthe specialist adjudicator’s or QCAT’s order provides for a change to the contribution schedule lot entitlements for the lots included in the existing scheme that is the same as the change mentioned in section 385(6) or 387(4) (the change ); and\nthe body corporate lodges a request to record a new community management statement incorporating the change under section 385(6) or 387(4).\ns 388 ins 2011 No. 9 s 41\n(sec.388-ssec.1) This section applies in relation to an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in an existing scheme.\n(sec.388-ssec.2) Despite any other law or statutory instrument, the respondent to the application is the body corporate. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6—section 243; or for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n(sec.388-ssec.3) If the owner applies under chapter 6 for an order of a specialist adjudicator— at the election of another owner of a lot in the existing scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application.\n(sec.388-ssec.4) An owner of a lot included in the existing scheme who elects, under subsection (3)(a), to become a respondent to the application must give written notice of the election to the body corporate.\n(sec.388-ssec.5) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the adjusted contribution schedule lot entitlements for the lots included in the scheme must— be consistent with the deciding principle for the pre-adjustment order entitlements for the scheme, and be just and equitable to the extent the deciding principle allows; or if there is no apparent deciding principle for the pre-adjustment order entitlements for the scheme, be just and equitable.\n(sec.388-ssec.6) To remove any doubt, it is declared that, if there is a deciding principle for the pre-adjustment order entitlements for the existing scheme, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.\n(sec.388-ssec.7) The only matters to which the specialist adjudicator or QCAT may have regard for deciding the application are— if the pre-adjustment order entitlements for the existing scheme were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49; and whether any of sections 381 to 384 apply to the scheme and, if so, what adjustments should be made to the pre-adjustment order entitlements for the scheme under those sections.\n(sec.388-ssec.8) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule for the existing scheme, the body corporate must, within 3 months after the order is made, lodge a request to record a new community management statement incorporating the adjustment. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.\n(sec.388-ssec.9) Subsection (8) does not apply if— the specialist adjudicator’s or QCAT’s order provides for a change to the contribution schedule lot entitlements for the lots included in the existing scheme that is the same as the change mentioned in section 385(6) or 387(4) (the change ); and the body corporate lodges a request to record a new community management statement incorporating the change under section 385(6) or 387(4).\n- (a) for an application to a specialist adjudicator under chapter 6—section 243; or\n- (b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n- (a) at the election of another owner of a lot in the existing scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application.\n- (a) be consistent with the deciding principle for the pre-adjustment order entitlements for the scheme, and be just and equitable to the extent the deciding principle allows; or\n- (b) if there is no apparent deciding principle for the pre-adjustment order entitlements for the scheme, be just and equitable.\n- (a) if the pre-adjustment order entitlements for the existing scheme were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49; and\n- (b) whether any of sections 381 to 384 apply to the scheme and, if so, what adjustments should be made to the pre-adjustment order entitlements for the scheme under those sections.\n- (a) the specialist adjudicator’s or QCAT’s order provides for a change to the contribution schedule lot entitlements for the lots included in the existing scheme that is the same as the change mentioned in section 385(6) or 387(4) (the change ); and\n- (b) the body corporate lodges a request to record a new community management statement incorporating the change under section 385(6) or 387(4).","sortOrder":625},{"sectionNumber":"sec.389","sectionType":"section","heading":"Provision about new community management statement required under this division","content":"### sec.389 Provision about new community management statement required under this division\n\nThis section applies if, under this division, the body corporate for an existing scheme is required to lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.\nIf the difference between the new community management statement and existing community management statement for the existing scheme is limited to changes incorporating the changed contribution schedule lot entitlements—\nsection 54(2) does not apply to the new community management statement; and\ndespite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme.\nIf subsection (2)(b) applies, the body corporate must, within 14 days after the new community management statement is recorded, give a copy of the statement to each relevant planning body for the existing scheme.\nIf the body corporate does not lodge a request as required under this division, an owner of a lot included in the existing scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.\nThe QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—\nsection 132 (which provides for enforcing non-monetary decisions of QCAT in a court)\nsection 213 (which creates an offence for contravening a decision of QCAT)\nsection 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).\ns 389 ins 2011 No. 9 s 41\n(sec.389-ssec.1) This section applies if, under this division, the body corporate for an existing scheme is required to lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.\n(sec.389-ssec.2) If the difference between the new community management statement and existing community management statement for the existing scheme is limited to changes incorporating the changed contribution schedule lot entitlements— section 54(2) does not apply to the new community management statement; and despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme.\n(sec.389-ssec.3) If subsection (2)(b) applies, the body corporate must, within 14 days after the new community management statement is recorded, give a copy of the statement to each relevant planning body for the existing scheme.\n(sec.389-ssec.4) If the body corporate does not lodge a request as required under this division, an owner of a lot included in the existing scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period. The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act— section 132 (which provides for enforcing non-monetary decisions of QCAT in a court) section 213 (which creates an offence for contravening a decision of QCAT) section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).\n- (a) section 54(2) does not apply to the new community management statement; and\n- (b) despite section 60(1), the new community management statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme.\n- • section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)\n- • section 213 (which creates an offence for contravening a decision of QCAT)\n- • section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).","sortOrder":626},{"sectionNumber":"sec.390","sectionType":"section","heading":"Body corporate responsible for particular costs under this division","content":"### sec.390 Body corporate responsible for particular costs under this division\n\nThe body corporate for an existing scheme is responsible for the costs associated with dealing with a motion under section 379, including—\nthe costs of obtaining a valuation under section 385(3) or 386(2)(b); and\nthe costs of preparing and recording the new community management statement under 385(6) or 387(4).\nHowever, subsection (1) does not apply to costs associated with an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in the existing scheme.\ns 390 ins 2011 No. 9 s 41\n(sec.390-ssec.1) The body corporate for an existing scheme is responsible for the costs associated with dealing with a motion under section 379, including— the costs of obtaining a valuation under section 385(3) or 386(2)(b); and the costs of preparing and recording the new community management statement under 385(6) or 387(4).\n(sec.390-ssec.2) However, subsection (1) does not apply to costs associated with an application under section 385(8) or 387(6) for an order of a specialist adjudicator or QCAT made by an owner of a lot included in the existing scheme.\n- (a) the costs of obtaining a valuation under section 385(3) or 386(2)(b); and\n- (b) the costs of preparing and recording the new community management statement under 385(6) or 387(4).","sortOrder":627},{"sectionNumber":"ch.8-pt.9-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":628},{"sectionNumber":"sec.391","sectionType":"section","heading":"Other adjustments of lot entitlement schedules for schemes","content":"### sec.391 Other adjustments of lot entitlement schedules for schemes\n\nTo remove any doubt, it is declared that sections 47A to 48 also apply in relation to a community titles scheme established before the commencement.\ns 391 ins 2011 No. 9 s 41","sortOrder":629},{"sectionNumber":"sec.392","sectionType":"section","heading":"Continuing contravention notice given by body corporate before scheme becomes a specified two-lot scheme","content":"### sec.392 Continuing contravention notice given by body corporate before scheme becomes a specified two-lot scheme\n\nThis section applies if—\nbefore the commencement, the body corporate for a community titles scheme gave a continuing contravention notice under section 182 to a person; and\nafter the commencement, the community titles scheme becomes a specified two-lot scheme.\nThe continuing contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.\nIn this section—\ncommencement means the commencement of this section.\ns 392 ins 2011 No. 9 s 41\n(sec.392-ssec.1) This section applies if— before the commencement, the body corporate for a community titles scheme gave a continuing contravention notice under section 182 to a person; and after the commencement, the community titles scheme becomes a specified two-lot scheme.\n(sec.392-ssec.2) The continuing contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.\n(sec.392-ssec.3) In this section— commencement means the commencement of this section.\n- (a) before the commencement, the body corporate for a community titles scheme gave a continuing contravention notice under section 182 to a person; and\n- (b) after the commencement, the community titles scheme becomes a specified two-lot scheme.","sortOrder":630},{"sectionNumber":"sec.393","sectionType":"section","heading":"Future contravention notice given by body corporate before scheme becomes a specified two-lot scheme","content":"### sec.393 Future contravention notice given by body corporate before scheme becomes a specified two-lot scheme\n\nThis section applies if—\nbefore the commencement, the body corporate for a community titles scheme gave a future contravention notice under section 183 to a person; and\nafter the commencement, the community titles scheme becomes a specified two-lot scheme.\nThe future contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.\nIn this section—\ncommencement means the commencement of this section.\ns 393 ins 2011 No. 9 s 41\n(sec.393-ssec.1) This section applies if— before the commencement, the body corporate for a community titles scheme gave a future contravention notice under section 183 to a person; and after the commencement, the community titles scheme becomes a specified two-lot scheme.\n(sec.393-ssec.2) The future contravention notice continues in effect, and this Act continues to apply in relation to it, despite section 181A.\n(sec.393-ssec.3) In this section— commencement means the commencement of this section.\n- (a) before the commencement, the body corporate for a community titles scheme gave a future contravention notice under section 183 to a person; and\n- (b) after the commencement, the community titles scheme becomes a specified two-lot scheme.","sortOrder":631},{"sectionNumber":"sec.394","sectionType":"section","heading":"Application of s 206","content":"### sec.394 Application of s 206\n\nThis section applies in relation to the sale of a lot included in a community titles scheme—\nif a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and\nwhether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 206 in relation to the sale.\nThe seller must give the buyer a disclosure statement complying with current section 206 before the buyer enters into a contract to buy the lot.\nIf the seller has, before the commencement, given the buyer a disclosure statement under previous section 206, the seller complies with current section 206 in relation to the buyer if—\nthe seller gives the buyer a new disclosure statement that complies with current section 206; or\nthe seller gives the buyer a written notice that—\nstates the matters mentioned in current section 206(2)(b); and\nis accompanied by a copy of the community management statement for the community titles scheme.\nIn this section—\ncurrent section 206 means section 206 as in force immediately after the commencement.\nprevious section 206 means section 206 as in force from time to time before the commencement.\ns 394 ins 2011 No. 9 s 41\n(sec.394-ssec.1) This section applies in relation to the sale of a lot included in a community titles scheme— if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and whether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 206 in relation to the sale.\n(sec.394-ssec.2) The seller must give the buyer a disclosure statement complying with current section 206 before the buyer enters into a contract to buy the lot.\n(sec.394-ssec.3) If the seller has, before the commencement, given the buyer a disclosure statement under previous section 206, the seller complies with current section 206 in relation to the buyer if— the seller gives the buyer a new disclosure statement that complies with current section 206; or the seller gives the buyer a written notice that— states the matters mentioned in current section 206(2)(b); and is accompanied by a copy of the community management statement for the community titles scheme.\n(sec.394-ssec.4) In this section— current section 206 means section 206 as in force immediately after the commencement. previous section 206 means section 206 as in force from time to time before the commencement.\n- (a) if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and\n- (b) whether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 206 in relation to the sale.\n- (a) the seller gives the buyer a new disclosure statement that complies with current section 206; or\n- (b) the seller gives the buyer a written notice that— (i) states the matters mentioned in current section 206(2)(b); and (ii) is accompanied by a copy of the community management statement for the community titles scheme.\n- (i) states the matters mentioned in current section 206(2)(b); and\n- (ii) is accompanied by a copy of the community management statement for the community titles scheme.\n- (i) states the matters mentioned in current section 206(2)(b); and\n- (ii) is accompanied by a copy of the community management statement for the community titles scheme.","sortOrder":632},{"sectionNumber":"sec.395","sectionType":"section","heading":"Application of s 213","content":"### sec.395 Application of s 213\n\nThis section applies in relation to the sale of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established—\nif a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and\nwhether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 213 in relation to the sale.\nThe seller must give the buyer a disclosure statement complying with current section 213 before the buyer enters into a contract to buy the lot.\nIf the seller has, before the commencement, given the buyer a disclosure statement under previous section 213, the seller complies with current section 213 in relation to the buyer if—\nthe seller gives the buyer a new disclosure statement that complies with current section 213; or\nthe seller gives the buyer a written notice that states the matters mentioned in current section 213(2)(a).\nIn this section—\ncurrent section 213 means section 213 as in force immediately after the commencement.\nprevious section 213 means section 213 as in force from time to time before the commencement.\ns 395 ins 2011 No. 9 s 41\n(sec.395-ssec.1) This section applies in relation to the sale of a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established— if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and whether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 213 in relation to the sale.\n(sec.395-ssec.2) The seller must give the buyer a disclosure statement complying with current section 213 before the buyer enters into a contract to buy the lot.\n(sec.395-ssec.3) If the seller has, before the commencement, given the buyer a disclosure statement under previous section 213, the seller complies with current section 213 in relation to the buyer if— the seller gives the buyer a new disclosure statement that complies with current section 213; or the seller gives the buyer a written notice that states the matters mentioned in current section 213(2)(a).\n(sec.395-ssec.4) In this section— current section 213 means section 213 as in force immediately after the commencement. previous section 213 means section 213 as in force from time to time before the commencement.\n- (a) if a contract for the sale of the lot to the person who proposes to buy the lot (the buyer ) has not been entered into before the commencement; and\n- (b) whether or not the person who proposes to sell the lot (the seller ) to the buyer has complied with previous section 213 in relation to the sale.\n- (a) the seller gives the buyer a new disclosure statement that complies with current section 213; or\n- (b) the seller gives the buyer a written notice that states the matters mentioned in current section 213(2)(a).","sortOrder":633},{"sectionNumber":"sec.396","sectionType":"section","heading":null,"content":"### Section sec.396\n\ns 396 ins 2011 No. 9 s 41\nom 2013 No. 39 s 109 sch 2","sortOrder":634},{"sectionNumber":"ch.8-pt.10","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2013","sortOrder":635},{"sectionNumber":"ch.8-pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":636},{"sectionNumber":"sec.397","sectionType":"section","heading":"Definitions for pt 10 and sch 5A","content":"### sec.397 Definitions for pt 10 and sch 5A\n\nIn this part and schedule 5A—\namending Act means the Body Corporate and Community Management and Other Legislation Amendment Act 2013 .\nappeal entity means a court or tribunal having jurisdiction to hear and determine an appeal against an order made under section 388 by a specialist adjudicator or QCAT.\ncommencement means the commencement of the provision in which the term appears.\ndivision 4 dispute means a dispute about a matter under part 9, division 4, subdivision 2 or 3 that is not a complex dispute.\ndivision 4 dispute decision means a decision made under chapter 6 by a department adjudicator or specialist adjudicator in relation to a division 4 dispute.\nformer , in relation to a provision, means as in force immediately before the amendment or repeal of the provision by the amending Act.\nincomplete adjustment matter means an appeal, application, decision, motion or order mentioned in schedule 5A, column 1—\nstarted, made or submitted before the commencement; and\nfor which each condition listed in schedule 5A, column 2 opposite the matter is, immediately before the commencement, satisfied.\npre-adjustment order entitlements see section 378.\ns 397 ins 2013 No. 11 s 13 (retro)\n- (a) started, made or submitted before the commencement; and\n- (b) for which each condition listed in schedule 5A, column 2 opposite the matter is, immediately before the commencement, satisfied.","sortOrder":637},{"sectionNumber":"ch.8-pt.10-div.2","sectionType":"division","heading":"Adjustments under part 9 , division 4","content":"## Adjustments under part 9 , division 4","sortOrder":638},{"sectionNumber":"sec.398","sectionType":"section","heading":"Application of s 379 (Motion proposing adjustment of contribution schedule)","content":"### sec.398 Application of s 379 (Motion proposing adjustment of contribution schedule)\n\nOn the commencement, section 379 ceases to apply.\ns 398 ins 2013 No. 11 s 13 (retro)","sortOrder":639},{"sectionNumber":"sec.399","sectionType":"section","heading":"Incomplete adjustment matter ceases to have effect","content":"### sec.399 Incomplete adjustment matter ceases to have effect\n\nOn the commencement, an incomplete adjustment matter ceases to have effect.\nWithout limiting subsection (1)—\nan incomplete adjustment matter is taken never to have been made; and\nno further action may be taken in relation to an incomplete adjustment matter.\nBefore the commencement, a body corporate for a scheme has made a decision under section 387(2) to adjust the contribution schedule lot entitlements for the scheme to reflect the pre-adjustment order entitlements. However, immediately before the commencement, the body corporate had not lodged a request to record a new community management statement incorporating the change. On the commencement, the body corporate’s decision ceases to have effect and the body corporate can not lodge a request to record a new community management statement incorporating the change.\ns 399 ins 2013 No. 11 s 13 (retro)\n(sec.399-ssec.1) On the commencement, an incomplete adjustment matter ceases to have effect.\n(sec.399-ssec.2) Without limiting subsection (1)— an incomplete adjustment matter is taken never to have been made; and no further action may be taken in relation to an incomplete adjustment matter. Before the commencement, a body corporate for a scheme has made a decision under section 387(2) to adjust the contribution schedule lot entitlements for the scheme to reflect the pre-adjustment order entitlements. However, immediately before the commencement, the body corporate had not lodged a request to record a new community management statement incorporating the change. On the commencement, the body corporate’s decision ceases to have effect and the body corporate can not lodge a request to record a new community management statement incorporating the change.\n- (a) an incomplete adjustment matter is taken never to have been made; and\n- (b) no further action may be taken in relation to an incomplete adjustment matter.","sortOrder":640},{"sectionNumber":"ch.8-pt.10-div.3","sectionType":"division","heading":"Application of decided entitlements and reinstatement of last adjustment order entitlements","content":"## Application of decided entitlements and reinstatement of last adjustment order entitlements","sortOrder":641},{"sectionNumber":"sec.400","sectionType":"section","heading":"Definitions for div 3","content":"### sec.400 Definitions for div 3\n\nIn this division—\nadjustment order see section 378.\ndecided entitlements , for a community titles scheme, means the adjusted contribution schedule lot entitlements for the lots included in the scheme decided under a relevant decision for the scheme.\nexisting scheme see section 378.\nlast adjustment order , for an existing scheme, means the last adjustment order made in relation to the contribution schedule for the scheme before the commencement of part 9, division 4.\nlast adjustment order entitlements , for an existing scheme, means the contribution schedule lot entitlements for the scheme ordered under the last adjustment order for the scheme.\nrelevant decision , for a community titles scheme, means—\na decision mentioned in section 376(1)(d); or\na decision mentioned in section 376(1)(f).\ns 400 ins 2013 No. 11 s 13\n- (a) a decision mentioned in section 376(1)(d); or\n- (b) a decision mentioned in section 376(1)(f).","sortOrder":642},{"sectionNumber":"sec.401","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.401 Application of sdiv 2\n\nThis subdivision applies to a community titles scheme that was, immediately before the commencement of section 374, the subject of a relevant decision.\ns 401 ins 2013 No. 11 s 13","sortOrder":643},{"sectionNumber":"sec.402","sectionType":"section","heading":"Request to give effect to relevant decision—scheme other than specified two-lot scheme","content":"### sec.402 Request to give effect to relevant decision—scheme other than specified two-lot scheme\n\nThis section applies to a community titles scheme—\nto which this subdivision applies; and\nthat is not a specified two-lot scheme.\nAn owner of a lot included in the scheme may submit a request to the committee (the committee ) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme.\nWithin 60 days after receiving the request, the committee must—\nidentify the decided entitlements for the scheme; and\ngive written, dated notice to each owner of a lot included in the scheme—\nstating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and\naccompanied by written evidence of the relevant decision; and\nstating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\ninviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.\ns 402 ins 2013 No. 11 s 13\n(sec.402-ssec.1) This section applies to a community titles scheme— to which this subdivision applies; and that is not a specified two-lot scheme.\n(sec.402-ssec.2) An owner of a lot included in the scheme may submit a request to the committee (the committee ) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme.\n(sec.402-ssec.3) Within 60 days after receiving the request, the committee must— identify the decided entitlements for the scheme; and give written, dated notice to each owner of a lot included in the scheme— stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and accompanied by written evidence of the relevant decision; and stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.\n- (a) to which this subdivision applies; and\n- (b) that is not a specified two-lot scheme.\n- (a) identify the decided entitlements for the scheme; and\n- (b) give written, dated notice to each owner of a lot included in the scheme— (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and (ii) accompanied by written evidence of the relevant decision; and (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.\n- (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and\n- (ii) accompanied by written evidence of the relevant decision; and\n- (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\n- (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.\n- (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5; and\n- (ii) accompanied by written evidence of the relevant decision; and\n- (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\n- (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the decided entitlements under subdivision 5.","sortOrder":644},{"sectionNumber":"sec.403","sectionType":"section","heading":"Decision of body corporate committee","content":"### sec.403 Decision of body corporate committee\n\nThis section applies if a committee for a body corporate receives a request under section 402.\nWithin 90 days after the submission period ends the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.\nWithin 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.\nWithin 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements ).\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nHowever, subsection (4) does not apply if, before the end of the 30 day period—\nan owner of a lot included in the scheme makes an application under section 405; and\nthe specialist adjudicator or QCAT makes an order under section 406.\ns 403 ins 2013 No. 11 s 13\n(sec.403-ssec.1) This section applies if a committee for a body corporate receives a request under section 402.\n(sec.403-ssec.2) Within 90 days after the submission period ends the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.\n(sec.403-ssec.3) Within 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.\n(sec.403-ssec.4) Within 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements ). Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.403-ssec.5) However, subsection (4) does not apply if, before the end of the 30 day period— an owner of a lot included in the scheme makes an application under section 405; and the specialist adjudicator or QCAT makes an order under section 406.\n- (a) an owner of a lot included in the scheme makes an application under section 405; and\n- (b) the specialist adjudicator or QCAT makes an order under section 406.","sortOrder":645},{"sectionNumber":"sec.404","sectionType":"section","heading":"Request to give effect to relevant decision—specified two-lot scheme","content":"### sec.404 Request to give effect to relevant decision—specified two-lot scheme\n\nThis section applies to a community titles scheme—\nto which this subdivision applies; and\nthat is a specified two-lot scheme.\nThe owner of a lot included in the scheme may give written, dated notice (the notice ) to the owner (the other owner ) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.\nThe notice must—\nidentify the decided entitlements for the scheme; and\nbe accompanied by written evidence of the relevant decision; and\nstate the modification, if any, required to be made under subdivision 5 to the decided entitlements; and\ninvite the other owner to identify in writing, within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the decided entitlements under subdivision 5.\nWithin 90 days after the submission period ends, the body corporate must, after considering any written statement received during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.\nWithin 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements ).\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nHowever, subsection (5) does not apply if, before the end of the 30 day period—\nan owner of a lot included in the scheme makes an application under section 405; and\nthe specialist adjudicator or QCAT makes an order under section 406.\ns 404 ins 2013 No. 11 s 13\n(sec.404-ssec.1) This section applies to a community titles scheme— to which this subdivision applies; and that is a specified two-lot scheme.\n(sec.404-ssec.2) The owner of a lot included in the scheme may give written, dated notice (the notice ) to the owner (the other owner ) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.\n(sec.404-ssec.3) The notice must— identify the decided entitlements for the scheme; and be accompanied by written evidence of the relevant decision; and state the modification, if any, required to be made under subdivision 5 to the decided entitlements; and invite the other owner to identify in writing, within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the decided entitlements under subdivision 5.\n(sec.404-ssec.4) Within 90 days after the submission period ends, the body corporate must, after considering any written statement received during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.\n(sec.404-ssec.5) Within 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the changed entitlements ). Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.404-ssec.6) However, subsection (5) does not apply if, before the end of the 30 day period— an owner of a lot included in the scheme makes an application under section 405; and the specialist adjudicator or QCAT makes an order under section 406.\n- (a) to which this subdivision applies; and\n- (b) that is a specified two-lot scheme.\n- (a) identify the decided entitlements for the scheme; and\n- (b) be accompanied by written evidence of the relevant decision; and\n- (c) state the modification, if any, required to be made under subdivision 5 to the decided entitlements; and\n- (d) invite the other owner to identify in writing, within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the decided entitlements under subdivision 5.\n- (a) an owner of a lot included in the scheme makes an application under section 405; and\n- (b) the specialist adjudicator or QCAT makes an order under section 406.","sortOrder":646},{"sectionNumber":"sec.405","sectionType":"section","heading":"Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404","content":"### sec.405 Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404\n\nThis section applies if—\nthe committee for a body corporate or the body corporate makes a decision under section 403 or 404; and\nan owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.\nWithin 60 days after the committee or the body corporate makes its decision under section 403 or 404, the owner may apply—\nunder chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme, to reflect the decided entitlements as modified, if applicable, under subdivision 5; or\nas provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\nDespite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6—section 243; or\nfor an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\nHowever, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—\nat the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application; and\nan owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\nExcept as provided in this section and section 406—\nan owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404; and\nQCAT, a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404, including any application about whether the body corporate acted reasonably under section 94(2).\ns 405 ins 2013 No. 11 s 13\n(sec.405-ssec.1) This section applies if— the committee for a body corporate or the body corporate makes a decision under section 403 or 404; and an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.\n(sec.405-ssec.2) Within 60 days after the committee or the body corporate makes its decision under section 403 or 404, the owner may apply— under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme, to reflect the decided entitlements as modified, if applicable, under subdivision 5; or as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\n(sec.405-ssec.3) Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6—section 243; or for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n(sec.405-ssec.4) However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator— at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application; and an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\n(sec.405-ssec.5) Except as provided in this section and section 406— an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404; and QCAT, a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404, including any application about whether the body corporate acted reasonably under section 94(2).\n- (a) the committee for a body corporate or the body corporate makes a decision under section 403 or 404; and\n- (b) an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.\n- (a) under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme, to reflect the decided entitlements as modified, if applicable, under subdivision 5; or\n- (b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\n- (a) for an application to a specialist adjudicator under chapter 6—section 243; or\n- (b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n- (a) at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application; and\n- (c) an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\n- (a) an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404; and\n- (b) QCAT, a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404, including any application about whether the body corporate acted reasonably under section 94(2).","sortOrder":647},{"sectionNumber":"sec.406","sectionType":"section","heading":"Order of specialist adjudicator or QCAT","content":"### sec.406 Order of specialist adjudicator or QCAT\n\nIn deciding an application under section 405, the specialist adjudicator or QCAT must have regard to the following—\nthe decided entitlements for the scheme;\nwhat modification, if any, to the decided entitlements for the scheme is required under subdivision 5.\nSubsection (3) applies if, on an application under section 405, the specialist adjudicator or QCAT—\ndecides that the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5; and\norders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\nWithin 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nSubsection (5) applies if—\non an application under section 405, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 403 or 404 reflect the decided entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and\nwhen the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 403(4) or 404(5) for a new community management statement incorporating the changed entitlements.\nWithin 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\ns 406 ins 2013 No. 11 s 13\n(sec.406-ssec.1) In deciding an application under section 405, the specialist adjudicator or QCAT must have regard to the following— the decided entitlements for the scheme; what modification, if any, to the decided entitlements for the scheme is required under subdivision 5.\n(sec.406-ssec.2) Subsection (3) applies if, on an application under section 405, the specialist adjudicator or QCAT— decides that the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5; and orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\n(sec.406-ssec.3) Within 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.406-ssec.4) Subsection (5) applies if— on an application under section 405, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 403 or 404 reflect the decided entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 403(4) or 404(5) for a new community management statement incorporating the changed entitlements.\n(sec.406-ssec.5) Within 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n- (a) the decided entitlements for the scheme;\n- (b) what modification, if any, to the decided entitlements for the scheme is required under subdivision 5.\n- (a) decides that the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5; and\n- (b) orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.\n- (a) on an application under section 405, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 403 or 404 reflect the decided entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and\n- (b) when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 403(4) or 404(5) for a new community management statement incorporating the changed entitlements.","sortOrder":648},{"sectionNumber":"sec.407","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.407 Application of sdiv 3\n\nThis subdivision applies to an existing scheme if, before the commencement of this section, the body corporate for the scheme lodged a request under part 9, division 4 to record a new community management statement for the scheme incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme to reflect the pre-adjustment order entitlements for the scheme, with or without changes under sections 381 to 384.\ns 407 ins 2013 No. 11 s 13","sortOrder":649},{"sectionNumber":"sec.408","sectionType":"section","heading":"Relationship between sdiv 3 and pt 9, div 4","content":"### sec.408 Relationship between sdiv 3 and pt 9, div 4\n\nThis section applies if—\neither before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and\nafter the commencement—\nthe committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or\nan owner of a lot included in the scheme makes an application under section 412.\nOn the making of the decision or application mentioned in subsection (1)(b)(i) or (ii), the appeal, application or other proceeding under part 9, division 4 ceases to have effect.\nWithout limiting subsection (2)—\nno further action may be taken in relation to the appeal, application or other proceeding; and\nthe appeal, application or other proceeding is taken never to have been started.\ns 408 ins 2013 No. 11 s 13\n(sec.408-ssec.1) This section applies if— either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and after the commencement— the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or an owner of a lot included in the scheme makes an application under section 412.\n(sec.408-ssec.2) On the making of the decision or application mentioned in subsection (1)(b)(i) or (ii), the appeal, application or other proceeding under part 9, division 4 ceases to have effect.\n(sec.408-ssec.3) Without limiting subsection (2)— no further action may be taken in relation to the appeal, application or other proceeding; and the appeal, application or other proceeding is taken never to have been started.\n- (a) either before or after the commencement of this section, an appeal, application or other proceeding that is not an incomplete adjustment matter has been started under part 9, division 4; and\n- (b) after the commencement— (i) the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or (ii) an owner of a lot included in the scheme makes an application under section 412.\n- (i) the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or\n- (ii) an owner of a lot included in the scheme makes an application under section 412.\n- (i) the committee for the body corporate, or the body corporate, for the scheme affected by the appeal, application or other proceeding decides under section 410 or 411 to change the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or\n- (ii) an owner of a lot included in the scheme makes an application under section 412.\n- (a) no further action may be taken in relation to the appeal, application or other proceeding; and\n- (b) the appeal, application or other proceeding is taken never to have been started.","sortOrder":650},{"sectionNumber":"sec.409","sectionType":"section","heading":"Request for adjustment—scheme other than specified two-lot scheme","content":"### sec.409 Request for adjustment—scheme other than specified two-lot scheme\n\nThis section applies to a community titles scheme—\nto which this subdivision applies; and\nthat is not a specified two-lot scheme.\nAn owner of a lot included in a scheme may submit a request to the committee (the committee ) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme.\nWithin 60 days after receiving the request, the committee must—\nidentify the last adjustment order entitlements for the scheme; and\ngive written, dated notice to each owner of a lot included in the scheme—\nstating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and\naccompanied by written evidence of the last adjustment order entitlements for the scheme; and\nstating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\ninviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.\ns 409 ins 2013 No. 11 s 13\n(sec.409-ssec.1) This section applies to a community titles scheme— to which this subdivision applies; and that is not a specified two-lot scheme.\n(sec.409-ssec.2) An owner of a lot included in a scheme may submit a request to the committee (the committee ) for the body corporate proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme.\n(sec.409-ssec.3) Within 60 days after receiving the request, the committee must— identify the last adjustment order entitlements for the scheme; and give written, dated notice to each owner of a lot included in the scheme— stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and accompanied by written evidence of the last adjustment order entitlements for the scheme; and stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.\n- (a) to which this subdivision applies; and\n- (b) that is not a specified two-lot scheme.\n- (a) identify the last adjustment order entitlements for the scheme; and\n- (b) give written, dated notice to each owner of a lot included in the scheme— (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and (ii) accompanied by written evidence of the last adjustment order entitlements for the scheme; and (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.\n- (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and\n- (ii) accompanied by written evidence of the last adjustment order entitlements for the scheme; and\n- (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\n- (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.\n- (i) stating that a request has been submitted to the committee proposing the adjustment of the contribution schedule lot entitlements for the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; and\n- (ii) accompanied by written evidence of the last adjustment order entitlements for the scheme; and\n- (iii) stating the committee’s proposed adjustment of the contribution schedule lot entitlements for the scheme; and\n- (iv) inviting the owner to make written submissions, within 28 days (the submission period ) after the date of the notice, as to what modification, if any, is required to be made to the last adjustment order entitlements under subdivision 5.","sortOrder":651},{"sectionNumber":"sec.410","sectionType":"section","heading":"Decision of body corporate committee","content":"### sec.410 Decision of body corporate committee\n\nThis section applies if a committee for a body corporate receives a request under section 409.\nWithin 90 days after the submission period ends, the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.\nWithin 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.\nWithin 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements ).\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nHowever, subsection (4) does not apply if, before the end of the 30 day period—\nan owner of a lot included in the scheme makes an application under section 412; and\nthe specialist adjudicator or QCAT makes an order under section 413.\ns 410 ins 2013 No. 11 s 13\n(sec.410-ssec.1) This section applies if a committee for a body corporate receives a request under section 409.\n(sec.410-ssec.2) Within 90 days after the submission period ends, the committee must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.\n(sec.410-ssec.3) Within 7 days after making its decision, the committee must give the owner of each lot included in the scheme written notice of the committee’s decision.\n(sec.410-ssec.4) Within 30 days after the committee makes the decision, the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements ). Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.410-ssec.5) However, subsection (4) does not apply if, before the end of the 30 day period— an owner of a lot included in the scheme makes an application under section 412; and the specialist adjudicator or QCAT makes an order under section 413.\n- (a) an owner of a lot included in the scheme makes an application under section 412; and\n- (b) the specialist adjudicator or QCAT makes an order under section 413.","sortOrder":652},{"sectionNumber":"sec.411","sectionType":"section","heading":"Request for adjustment—specified two-lot scheme","content":"### sec.411 Request for adjustment—specified two-lot scheme\n\nThis section applies to a community titles scheme—\nto which this subdivision applies; and\nthat is a specified two-lot scheme.\nThe owner of a lot included in the scheme may give written, dated notice (the notice ) to the owner (the other owner ) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.\nThe notice must—\nidentify the last adjustment order entitlements for the scheme; and\nbe accompanied by written evidence of the last adjustment order entitlements for the scheme; and\nstate the modification, if any, required to be made under subdivision 5 to the last adjustment order entitlements; and\ninvite the other owner to identify, in writing within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the proposed entitlements under subdivision 5.\nWithin 90 days after the submission period ends, the body corporate must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.\nWithin 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements ).\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nHowever, subsection (5) does not apply if, before the end of the 30 day period—\nan owner of a lot included in the scheme makes an application under section 412; and\nthe specialist adjudicator or QCAT makes an order under section 413.\ns 411 ins 2013 No. 11 s 13\n(sec.411-ssec.1) This section applies to a community titles scheme— to which this subdivision applies; and that is a specified two-lot scheme.\n(sec.411-ssec.2) The owner of a lot included in the scheme may give written, dated notice (the notice ) to the owner (the other owner ) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.\n(sec.411-ssec.3) The notice must— identify the last adjustment order entitlements for the scheme; and be accompanied by written evidence of the last adjustment order entitlements for the scheme; and state the modification, if any, required to be made under subdivision 5 to the last adjustment order entitlements; and invite the other owner to identify, in writing within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the proposed entitlements under subdivision 5.\n(sec.411-ssec.4) Within 90 days after the submission period ends, the body corporate must, after considering any submission made during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the last adjustment order entitlements for the scheme.\n(sec.411-ssec.5) Within 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5 (the changed entitlements ). Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.411-ssec.6) However, subsection (5) does not apply if, before the end of the 30 day period— an owner of a lot included in the scheme makes an application under section 412; and the specialist adjudicator or QCAT makes an order under section 413.\n- (a) to which this subdivision applies; and\n- (b) that is a specified two-lot scheme.\n- (a) identify the last adjustment order entitlements for the scheme; and\n- (b) be accompanied by written evidence of the last adjustment order entitlements for the scheme; and\n- (c) state the modification, if any, required to be made under subdivision 5 to the last adjustment order entitlements; and\n- (d) invite the other owner to identify, in writing within 28 days (the submission period ) after the date of the notice, what modification, if any, is required to be made to the proposed entitlements under subdivision 5.\n- (a) an owner of a lot included in the scheme makes an application under section 412; and\n- (b) the specialist adjudicator or QCAT makes an order under section 413.","sortOrder":653},{"sectionNumber":"sec.412","sectionType":"section","heading":"Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411","content":"### sec.412 Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411\n\nThis section applies if—\nthe committee for a body corporate or the body corporate makes a decision under section 410 or 411; and\nan owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.\nWithin 60 days after the committee or the body corporate makes the decision under section 410 or 411, the owner may apply—\nunder chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule for the lots included in the scheme, to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or\nas provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\nDespite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.\nThe body corporate must be given notice of the application under—\nfor an application to a specialist adjudicator under chapter 6—section 243; or\nfor an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\nHowever, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—\nat the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and\neach party to the application is responsible for the party’s own costs of the application; and\nan owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\nExcept as provided in this section and section 413—\nan owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411; and\nQCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411, including any application about whether the body corporate acted reasonably under section 94(2).\ns 412 ins 2013 No. 11 s 13\n(sec.412-ssec.1) This section applies if— the committee for a body corporate or the body corporate makes a decision under section 410 or 411; and an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.\n(sec.412-ssec.2) Within 60 days after the committee or the body corporate makes the decision under section 410 or 411, the owner may apply— under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule for the lots included in the scheme, to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\n(sec.412-ssec.3) Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme. The body corporate must be given notice of the application under— for an application to a specialist adjudicator under chapter 6—section 243; or for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n(sec.412-ssec.4) However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator— at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and each party to the application is responsible for the party’s own costs of the application; and an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\n(sec.412-ssec.5) Except as provided in this section and section 413— an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411; and QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411, including any application about whether the body corporate acted reasonably under section 94(2).\n- (a) the committee for a body corporate or the body corporate makes a decision under section 410 or 411; and\n- (b) an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.\n- (a) under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule for the lots included in the scheme, to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or\n- (b) as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\n- (a) for an application to a specialist adjudicator under chapter 6—section 243; or\n- (b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .\n- (a) at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and\n- (b) each party to the application is responsible for the party’s own costs of the application; and\n- (c) an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.\n- (a) an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411; and\n- (b) QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411, including any application about whether the body corporate acted reasonably under section 94(2).","sortOrder":654},{"sectionNumber":"sec.413","sectionType":"section","heading":"Order of specialist adjudicator or QCAT","content":"### sec.413 Order of specialist adjudicator or QCAT\n\nIn deciding an application under section 412, the specialist adjudicator or QCAT must have regard to the following—\nthe last adjustment order entitlements for the scheme;\nwhat modification, if any, to the last adjustment order entitlements for the scheme is required under subdivision 5.\nSubsection (3) applies if, on an application under section 412, the specialist adjudicator or QCAT—\ndecides that the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and\norders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\nWithin 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\nSubsection (5) applies if—\non an application under section 412, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 410 or 411 reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5; and\nwhen the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 410(4) or 411(5) for a new community management statement incorporating the changed entitlements.\nWithin 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements.\nMaximum penalty—100 penalty units.\nUnder section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\ns 413 ins 2013 No. 11 s 13\n(sec.413-ssec.1) In deciding an application under section 412, the specialist adjudicator or QCAT must have regard to the following— the last adjustment order entitlements for the scheme; what modification, if any, to the last adjustment order entitlements for the scheme is required under subdivision 5.\n(sec.413-ssec.2) Subsection (3) applies if, on an application under section 412, the specialist adjudicator or QCAT— decides that the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\n(sec.413-ssec.3) Within 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n(sec.413-ssec.4) Subsection (5) applies if— on an application under section 412, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 410 or 411 reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5; and when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 410(4) or 411(5) for a new community management statement incorporating the changed entitlements.\n(sec.413-ssec.5) Within 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.\n- (a) the last adjustment order entitlements for the scheme;\n- (b) what modification, if any, to the last adjustment order entitlements for the scheme is required under subdivision 5.\n- (a) decides that the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and\n- (b) orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.\n- (a) on an application under section 412, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 410 or 411 reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5; and\n- (b) when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 410(4) or 411(5) for a new community management statement incorporating the changed entitlements.","sortOrder":655},{"sectionNumber":"sec.414","sectionType":"section","heading":"Lodgement of request to record new community management statement","content":"### sec.414 Lodgement of request to record new community management statement\n\nThis section applies if, under this division, a body corporate is required to lodge a request to record a new community management statement (the new statement ) incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.\nIf the difference between the new statement and the existing community management statement for the scheme is limited to changes made or ordered under this division—\nsection 54(2) does not apply to the new statement; and\ndespite section 60(1), the new statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme; and\nthe body corporate must, within 14 days after the new statement is recorded, give a copy of the new statement to each relevant planning body for the scheme.\nIf the body corporate does not lodge a request as required under this division, an owner of a lot included in the scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.\nThe QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—\nsection 132 (which provides for enforcing non-monetary decisions of QCAT in a court)\nsection 213 (which creates an offence for contravening a decision of QCAT)\nsection 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).\ns 414 ins 2013 No. 11 s 13\n(sec.414-ssec.1) This section applies if, under this division, a body corporate is required to lodge a request to record a new community management statement (the new statement ) incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.\n(sec.414-ssec.2) If the difference between the new statement and the existing community management statement for the scheme is limited to changes made or ordered under this division— section 54(2) does not apply to the new statement; and despite section 60(1), the new statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme; and the body corporate must, within 14 days after the new statement is recorded, give a copy of the new statement to each relevant planning body for the scheme.\n(sec.414-ssec.3) If the body corporate does not lodge a request as required under this division, an owner of a lot included in the scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period. The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act— section 132 (which provides for enforcing non-monetary decisions of QCAT in a court) section 213 (which creates an offence for contravening a decision of QCAT) section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).\n- (a) section 54(2) does not apply to the new statement; and\n- (b) despite section 60(1), the new statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme; and\n- (c) the body corporate must, within 14 days after the new statement is recorded, give a copy of the new statement to each relevant planning body for the scheme.\n- • section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)\n- • section 213 (which creates an offence for contravening a decision of QCAT)\n- • section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).","sortOrder":656},{"sectionNumber":"sec.415","sectionType":"section","heading":"Body corporate responsible for costs under this division","content":"### sec.415 Body corporate responsible for costs under this division\n\nExcept as provided under section 405(4)(b) or 412(4)(b), the body corporate for a scheme is responsible for the costs associated with dealing with a request under section 403, 404, 410 or 411, including the costs of preparing and recording a new community management statement.\ns 415 ins 2013 No. 11 s 13","sortOrder":657},{"sectionNumber":"sec.416","sectionType":"section","heading":"Modification for subdivided lots","content":"### sec.416 Modification for subdivided lots\n\nThis section applies if a lot (the pre-subdivision lot ) included in a scheme was subdivided into 2 or more lots (the subdivided lots ) after the last adjustment order or the relevant decision was made for the scheme.\nIf the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 3, the changed entitlements must apportion the pre-subdivision lot entitlement between the subdivided lots on the basis of the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\nIn this section—\npre-subdivision lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-subdivision lot immediately before it was subdivided.\ns 416 ins 2013 No. 11 s 13\n(sec.416-ssec.1) This section applies if a lot (the pre-subdivision lot ) included in a scheme was subdivided into 2 or more lots (the subdivided lots ) after the last adjustment order or the relevant decision was made for the scheme.\n(sec.416-ssec.2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 3, the changed entitlements must apportion the pre-subdivision lot entitlement between the subdivided lots on the basis of the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\n(sec.416-ssec.3) In this section— pre-subdivision lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-subdivision lot immediately before it was subdivided.","sortOrder":658},{"sectionNumber":"sec.417","sectionType":"section","heading":"Modification for amalgamated lot","content":"### sec.417 Modification for amalgamated lot\n\nThis section applies if 2 or more lots (the pre-amalgamated lots ) included in a scheme were amalgamated into 1 lot (the amalgamated lot ) after the last adjustment order or the relevant decision was made for the scheme.\nIf the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must provide for the lot entitlement for the amalgamated lot to be the total of the pre-amalgamated lot entitlements.\nIn this section—\npre-amalgamated lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-amalgamated lot before it was amalgamated.\ns 417 ins 2013 No. 11 s 13\n(sec.417-ssec.1) This section applies if 2 or more lots (the pre-amalgamated lots ) included in a scheme were amalgamated into 1 lot (the amalgamated lot ) after the last adjustment order or the relevant decision was made for the scheme.\n(sec.417-ssec.2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must provide for the lot entitlement for the amalgamated lot to be the total of the pre-amalgamated lot entitlements.\n(sec.417-ssec.3) In this section— pre-amalgamated lot entitlement means the proportion of the decided entitlements or the last adjustment order entitlements that applied to a pre-amalgamated lot before it was amalgamated.","sortOrder":659},{"sectionNumber":"sec.418","sectionType":"section","heading":"Modification for boundary change","content":"### sec.418 Modification for boundary change\n\nThis section applies if—\na boundary for a lot included in a scheme was changed (the boundary change ) after the last adjustment order or the relevant decision was made for the scheme; and\na constructing authority has given advice in relation to the boundary change under section 51(1) or 51A(1).\nIf the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the boundary change.\nThe changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\ns 418 ins 2013 No. 11 s 13\n(sec.418-ssec.1) This section applies if— a boundary for a lot included in a scheme was changed (the boundary change ) after the last adjustment order or the relevant decision was made for the scheme; and a constructing authority has given advice in relation to the boundary change under section 51(1) or 51A(1).\n(sec.418-ssec.2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the boundary change.\n(sec.418-ssec.3) The changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\n- (a) a boundary for a lot included in a scheme was changed (the boundary change ) after the last adjustment order or the relevant decision was made for the scheme; and\n- (b) a constructing authority has given advice in relation to the boundary change under section 51(1) or 51A(1).","sortOrder":660},{"sectionNumber":"sec.419","sectionType":"section","heading":"Modification for material change","content":"### sec.419 Modification for material change\n\nThis section applies if—\nthere has been a material change for a scheme; and\nthe material change occurred after the last adjustment order or the relevant decision was made for the scheme.\nIf the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the material change.\nThe changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\ns 419 ins 2013 No. 11 s 13\n(sec.419-ssec.1) This section applies if— there has been a material change for a scheme; and the material change occurred after the last adjustment order or the relevant decision was made for the scheme.\n(sec.419-ssec.2) If the contribution schedule lot entitlements for the lots included in the scheme are to be changed under subdivision 2 or 3, the changed entitlements must, subject to subsection (3), take account of the material change.\n(sec.419-ssec.3) The changed entitlements must be consistent with the deciding principle that was used as the basis for the decided entitlements or the last adjustment order entitlements for the scheme.\n- (a) there has been a material change for a scheme; and\n- (b) the material change occurred after the last adjustment order or the relevant decision was made for the scheme.","sortOrder":661},{"sectionNumber":"ch.8-pt.10-div.4","sectionType":"division","heading":"Cancellation or termination of particular contracts","content":"## Cancellation or termination of particular contracts","sortOrder":662},{"sectionNumber":"sec.420","sectionType":"section","heading":"Termination of existing contract for sale of existing lot—failure to give disclosure statement","content":"### sec.420 Termination of existing contract for sale of existing lot—failure to give disclosure statement\n\nThis section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 206.\nFormer section 206 continues to apply to the contract.\ns 420 ins 2013 No. 11 s 13\n(sec.420-ssec.1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 206.\n(sec.420-ssec.2) Former section 206 continues to apply to the contract.","sortOrder":663},{"sectionNumber":"sec.421","sectionType":"section","heading":"Cancellation of existing contract for sale of existing lot","content":"### sec.421 Cancellation of existing contract for sale of existing lot\n\nThis section applies if, immediately before the commencement, a buyer may have cancelled a contract under former section 206B.\nFormer section 206B continues to apply to the contract.\ns 421 ins 2013 No. 11 s 13\n(sec.421-ssec.1) This section applies if, immediately before the commencement, a buyer may have cancelled a contract under former section 206B.\n(sec.421-ssec.2) Former section 206B continues to apply to the contract.","sortOrder":664},{"sectionNumber":"sec.422","sectionType":"section","heading":"Termination of existing contract for sale of existing lot—inaccuracy of disclosure statement","content":"### sec.422 Termination of existing contract for sale of existing lot—inaccuracy of disclosure statement\n\nThis section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 209 on either of the following grounds—\nformer section 209(1)(b)(i) applied to the contract because information contained in the disclosure statement was inaccurate in relation to a matter mentioned in former section 206(2)(b)(ii), (iii) or (iv);\nformer section 209(1)(b)(ii) applied to the contract.\nFormer section 209, including its application of former section 206, continues to apply to the contract.\ns 422 ins 2013 No. 11 s 13\n(sec.422-ssec.1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 209 on either of the following grounds— former section 209(1)(b)(i) applied to the contract because information contained in the disclosure statement was inaccurate in relation to a matter mentioned in former section 206(2)(b)(ii), (iii) or (iv); former section 209(1)(b)(ii) applied to the contract.\n(sec.422-ssec.2) Former section 209, including its application of former section 206, continues to apply to the contract.\n- (a) former section 209(1)(b)(i) applied to the contract because information contained in the disclosure statement was inaccurate in relation to a matter mentioned in former section 206(2)(b)(ii), (iii) or (iv);\n- (b) former section 209(1)(b)(ii) applied to the contract.","sortOrder":665},{"sectionNumber":"sec.423","sectionType":"section","heading":"Termination of existing contract for sale of proposed lot—failure to give disclosure statement","content":"### sec.423 Termination of existing contract for sale of proposed lot—failure to give disclosure statement\n\nThis section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 213.\nFormer section 213 continues to apply to the contract.\ns 423 ins 2013 No. 11 s 13\n(sec.423-ssec.1) This section applies if, immediately before the commencement, a buyer may have terminated a contract under former section 213.\n(sec.423-ssec.2) Former section 213 continues to apply to the contract.","sortOrder":666},{"sectionNumber":"sec.424","sectionType":"section","heading":"Termination of existing contract for sale of proposed lot—variation of information in disclosure statement","content":"### sec.424 Termination of existing contract for sale of proposed lot—variation of information in disclosure statement\n\nThis section applies if, immediately before the commencement—\nsection 214(1)(a) or (b) applied to a contract because the information contained in the disclosure statement was, as at the day the contract was entered into or immediately before the commencement, inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and\nthe buyer may have terminated the contract under section 214 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.\nDespite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 214.\nTo remove any doubt, it is declared that a disclosure statement given under former section 213(1) is not inaccurate under section 214(1)(b) only because it contains information in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv).\ns 424 ins 2013 No. 11 s 13\n(sec.424-ssec.1) This section applies if, immediately before the commencement— section 214(1)(a) or (b) applied to a contract because the information contained in the disclosure statement was, as at the day the contract was entered into or immediately before the commencement, inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and the buyer may have terminated the contract under section 214 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.\n(sec.424-ssec.2) Despite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 214.\n(sec.424-ssec.3) To remove any doubt, it is declared that a disclosure statement given under former section 213(1) is not inaccurate under section 214(1)(b) only because it contains information in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv).\n- (a) section 214(1)(a) or (b) applied to a contract because the information contained in the disclosure statement was, as at the day the contract was entered into or immediately before the commencement, inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and\n- (b) the buyer may have terminated the contract under section 214 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.","sortOrder":667},{"sectionNumber":"sec.425","sectionType":"section","heading":"Termination of existing contract for sale of proposed lot—inaccuracy of disclosure statement","content":"### sec.425 Termination of existing contract for sale of proposed lot—inaccuracy of disclosure statement\n\nThis section applies if, immediately before the commencement—\nsection 217(b)(viii) applied to a contract because information contained in the disclosure statement, as rectified by any further statement, was inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and\nthe buyer may have terminated the contract under section 217 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.\nDespite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 217.\ns 425 ins 2013 No. 11 s 13\n(sec.425-ssec.1) This section applies if, immediately before the commencement— section 217(b)(viii) applied to a contract because information contained in the disclosure statement, as rectified by any further statement, was inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and the buyer may have terminated the contract under section 217 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.\n(sec.425-ssec.2) Despite the amendment of former section 213 by the amending Act, the buyer may terminate the contract under section 217.\n- (a) section 217(b)(viii) applied to a contract because information contained in the disclosure statement, as rectified by any further statement, was inaccurate in relation to a matter mentioned in former section 213(2)(a)(ii), (iii) or (iv); and\n- (b) the buyer may have terminated the contract under section 217 because the buyer would, as a result of the inaccuracy mentioned in paragraph (a), have been materially prejudiced if compelled to complete the contract.","sortOrder":668},{"sectionNumber":"ch.8-pt.10-div.5","sectionType":"division","heading":null,"content":"","sortOrder":669},{"sectionNumber":"sec.426","sectionType":"section","heading":null,"content":"### Section sec.426\n\ns 426 ins 2013 No. 11 s 13\nom 2013 No. 39 s 109 sch 2","sortOrder":670},{"sectionNumber":"ch.8-pt.11","sectionType":"part","heading":"Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","sortOrder":671},{"sectionNumber":"ch.8-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":672},{"sectionNumber":"sec.427","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.427 Definitions for pt 11\n\nIn this part—\ncommencement means the commencement of this section.\nformer , in relation to a provision, means the provision as in force before the commencement.\nnew , in relation to a provision, means the provision as in force at the commencement.\nrelevant documents , for a formal acquisition affecting a community titles scheme, means—\na copy of the new plan of subdivision for the scheme proposed to be lodged as required under the Acquisition of Land Act 1967 , section 12A ; and\na copy of the proposed new community management statement for the scheme prepared by the constructing authority to reflect the acquisition.\ns 427 ins 2013 No. 25 s 10\n- (a) a copy of the new plan of subdivision for the scheme proposed to be lodged as required under the Acquisition of Land Act 1967 , section 12A ; and\n- (b) a copy of the proposed new community management statement for the scheme prepared by the constructing authority to reflect the acquisition.","sortOrder":673},{"sectionNumber":"sec.428","sectionType":"section","heading":"References to ss 51 and 51A","content":"### sec.428 References to ss 51 and 51A\n\nIn this part—\na reference to former section 51 or new section 51, or a provision of former section 51 or new section 51, applies to a community titles scheme other than a specified two-lot scheme; and\na reference to former section 51A or new section 51A, or a provision of former section 51A or new section 51A, applies to a a specified two-lot scheme.\ns 428 ins 2013 No. 25 s 10\n- (a) a reference to former section 51 or new section 51, or a provision of former section 51 or new section 51, applies to a community titles scheme other than a specified two-lot scheme; and\n- (b) a reference to former section 51A or new section 51A, or a provision of former section 51A or new section 51A, applies to a a specified two-lot scheme.","sortOrder":674},{"sectionNumber":"ch.8-pt.11-div.2","sectionType":"division","heading":"Formal acquisitions happening before commencement if advice given under former section 51 or 51A","content":"## Formal acquisitions happening before commencement if advice given under former section 51 or 51A","sortOrder":675},{"sectionNumber":"sec.429","sectionType":"section","heading":"Application of div 2","content":"### sec.429 Application of div 2\n\nThis division applies if—\na formal acquisition affecting a community titles scheme happened before the commencement; and\nbefore the commencement, the constructing authority for the acquisition gave the body corporate for the scheme advice about the acquisition as mentioned in former section 51(1) or 51A(1); and\nat the commencement, a request to record a new community management statement for the scheme reflecting the acquisition has not been lodged.\ns 429 ins 2013 No. 25 s 10\n- (a) a formal acquisition affecting a community titles scheme happened before the commencement; and\n- (b) before the commencement, the constructing authority for the acquisition gave the body corporate for the scheme advice about the acquisition as mentioned in former section 51(1) or 51A(1); and\n- (c) at the commencement, a request to record a new community management statement for the scheme reflecting the acquisition has not been lodged.","sortOrder":676},{"sectionNumber":"sec.430","sectionType":"section","heading":"Process if body corporate consented to new community management statement","content":"### sec.430 Process if body corporate consented to new community management statement\n\nThis section applies if, at the commencement, the body corporate has consented to the recording of a new community management statement to reflect the formal acquisition.\nThe body corporate must endorse its consent on the new community management statement (if it has not already done so) and give the endorsed new statement to the constructing authority.\nIf the body corporate gives an endorsed new community management statement to the constructing authority under subsection (2), the constructing authority may lodge a request to record the endorsed new statement.\nIf the body corporate has not given an endorsed new community management statement to the constructing authority within 5 business days after the commencement, the constructing authority may lodge a request to record a new community management statement that is the same as the proposed new community management statement the constructing authority gave to the body corporate for endorsing its consent.\nSee, however, section 64.\nBefore lodging a request to record a new community management statement under subsection (4), the constructing authority must sign and date the new statement.\nThe registrar may record a new community management statement mentioned in subsection (4) despite section 54(2) and the Land Title Act, section 115K (1) (d) .\nThe constructing authority is responsible for the costs of recording the endorsed new statement.\ns 430 ins 2013 No. 25 s 10\n(sec.430-ssec.1) This section applies if, at the commencement, the body corporate has consented to the recording of a new community management statement to reflect the formal acquisition.\n(sec.430-ssec.2) The body corporate must endorse its consent on the new community management statement (if it has not already done so) and give the endorsed new statement to the constructing authority.\n(sec.430-ssec.3) If the body corporate gives an endorsed new community management statement to the constructing authority under subsection (2), the constructing authority may lodge a request to record the endorsed new statement.\n(sec.430-ssec.4) If the body corporate has not given an endorsed new community management statement to the constructing authority within 5 business days after the commencement, the constructing authority may lodge a request to record a new community management statement that is the same as the proposed new community management statement the constructing authority gave to the body corporate for endorsing its consent. See, however, section 64.\n(sec.430-ssec.5) Before lodging a request to record a new community management statement under subsection (4), the constructing authority must sign and date the new statement.\n(sec.430-ssec.6) The registrar may record a new community management statement mentioned in subsection (4) despite section 54(2) and the Land Title Act, section 115K (1) (d) .\n(sec.430-ssec.7) The constructing authority is responsible for the costs of recording the endorsed new statement.","sortOrder":677},{"sectionNumber":"sec.431","sectionType":"section","heading":"Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement","content":"### sec.431 Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement\n\nThis section applies if, at the commencement—\nthe body corporate has, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2) (whether or not it has given notice of its decision to the constructing authority under former section 51(5) or 51A(5)); and\nthe body corporate has not consented to the recording of a new community management statement to reflect the acquisition.\nIf it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.\nNew section 51(5) to (11) or 51A(4) to (10) apply in relation to the formal acquisition as if—\nthe relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and\nthe reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.\nFor subsection (3), the prescribed consent period is—\nif the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or\nif the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or\notherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\ns 431 ins 2013 No. 25 s 10\n(sec.431-ssec.1) This section applies if, at the commencement— the body corporate has, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2) (whether or not it has given notice of its decision to the constructing authority under former section 51(5) or 51A(5)); and the body corporate has not consented to the recording of a new community management statement to reflect the acquisition.\n(sec.431-ssec.2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.\n(sec.431-ssec.3) New section 51(5) to (11) or 51A(4) to (10) apply in relation to the formal acquisition as if— the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.\n(sec.431-ssec.4) For subsection (3), the prescribed consent period is— if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\n- (a) the body corporate has, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2) (whether or not it has given notice of its decision to the constructing authority under former section 51(5) or 51A(5)); and\n- (b) the body corporate has not consented to the recording of a new community management statement to reflect the acquisition.\n- (a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and\n- (b) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.\n- (a) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or\n- (b) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or\n- (c) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.","sortOrder":678},{"sectionNumber":"sec.432","sectionType":"section","heading":"Process if body corporate has not decided lot entitlement schedule changes","content":"### sec.432 Process if body corporate has not decided lot entitlement schedule changes\n\nThis section applies if, at the commencement, the body corporate has not, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2).\nIf it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.\nNew section 51(2) to (11) or 51A(2) to (10) apply in relation to the formal acquisition as if—\nthe relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and\nthe reference to the 3 month period in new section 51(2) or 51A(2) were a reference to the prescribed decision period; and\nthe reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period.\nFour months before the commencement, the constructing authority gives the body corporate—\nadvice about the acquisition as mentioned in former section 51(1) or 51A(1); and\nthe relevant documents for the acquisition.\nUnder subsection (4), the prescribed consent period for applying new section 51(5) and (7) or 51A(4) and (6) is the period ending at the commencement (see subsection (4)(b)(i)), and the prescribed decision period for applying new section 51(2) or 51A(2) is the period ending 30 days before the commencement.\nFor subsection (3)—\nthe prescribed decision period is the period ending 30 days before the relevant prescribed consent period ends, which may be a period ending on or before the commencement; and\nthe prescribed consent period is—\nif the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or\nif the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or\notherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\ns 432 ins 2013 No. 25 s 10\n(sec.432-ssec.1) This section applies if, at the commencement, the body corporate has not, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2).\n(sec.432-ssec.2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate.\n(sec.432-ssec.3) New section 51(2) to (11) or 51A(2) to (10) apply in relation to the formal acquisition as if— the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and the reference to the 3 month period in new section 51(2) or 51A(2) were a reference to the prescribed decision period; and the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period. Four months before the commencement, the constructing authority gives the body corporate— advice about the acquisition as mentioned in former section 51(1) or 51A(1); and the relevant documents for the acquisition. Under subsection (4), the prescribed consent period for applying new section 51(5) and (7) or 51A(4) and (6) is the period ending at the commencement (see subsection (4)(b)(i)), and the prescribed decision period for applying new section 51(2) or 51A(2) is the period ending 30 days before the commencement.\n(sec.432-ssec.4) For subsection (3)— the prescribed decision period is the period ending 30 days before the relevant prescribed consent period ends, which may be a period ending on or before the commencement; and the prescribed consent period is— if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\n- (a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and\n- (b) the reference to the 3 month period in new section 51(2) or 51A(2) were a reference to the prescribed decision period; and\n- (c) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period. Example of the operation of paragraphs (b) and (c)— Four months before the commencement, the constructing authority gives the body corporate— (a) advice about the acquisition as mentioned in former section 51(1) or 51A(1); and (b) the relevant documents for the acquisition. Under subsection (4), the prescribed consent period for applying new section 51(5) and (7) or 51A(4) and (6) is the period ending at the commencement (see subsection (4)(b)(i)), and the prescribed decision period for applying new section 51(2) or 51A(2) is the period ending 30 days before the commencement.\n- (a) advice about the acquisition as mentioned in former section 51(1) or 51A(1); and\n- (b) the relevant documents for the acquisition.\n- (a) advice about the acquisition as mentioned in former section 51(1) or 51A(1); and\n- (b) the relevant documents for the acquisition.\n- (a) the prescribed decision period is the period ending 30 days before the relevant prescribed consent period ends, which may be a period ending on or before the commencement; and\n- (b) the prescribed consent period is— (i) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or (ii) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or (iii) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\n- (i) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or\n- (ii) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or\n- (iii) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.\n- (i) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or\n- (ii) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or\n- (iii) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents.","sortOrder":679},{"sectionNumber":"sec.433","sectionType":"section","heading":"Body corporate may ask constructing authority to provide lot entitlement adjustment advice","content":"### sec.433 Body corporate may ask constructing authority to provide lot entitlement adjustment advice\n\nThis section applies for section 432 if the body corporate has not obtained the lot entitlement adjustment advice under former section 51(2) or 51A(2).\nThe body corporate may, by written notice, ask the constructing authority to obtain the lot entitlement adjustment advice and give it to the body corporate.\nThe constructing authority must obtain the lot entitlement adjustment advice and give it to the body corporate as soon as practicable.\nThis section applies even if the constructing authority lodges a request to record a new community management statement without the body corporate’s consent, under new section 51(7) or 51A(6) as applied under section 432.\nIn subsections (2) and (3)—\nlot entitlement adjustment advice means the lot entitlement adjustment advice mentioned in new section 51(1)(b)(ii) or 51A(1)(b)(ii).\ns 433 ins 2013 No. 25 s 10\n(sec.433-ssec.1) This section applies for section 432 if the body corporate has not obtained the lot entitlement adjustment advice under former section 51(2) or 51A(2).\n(sec.433-ssec.2) The body corporate may, by written notice, ask the constructing authority to obtain the lot entitlement adjustment advice and give it to the body corporate.\n(sec.433-ssec.3) The constructing authority must obtain the lot entitlement adjustment advice and give it to the body corporate as soon as practicable.\n(sec.433-ssec.4) This section applies even if the constructing authority lodges a request to record a new community management statement without the body corporate’s consent, under new section 51(7) or 51A(6) as applied under section 432.\n(sec.433-ssec.5) In subsections (2) and (3)— lot entitlement adjustment advice means the lot entitlement adjustment advice mentioned in new section 51(1)(b)(ii) or 51A(1)(b)(ii).","sortOrder":680},{"sectionNumber":"sec.434","sectionType":"section","heading":"Application of ss 63 and 65","content":"### sec.434 Application of ss 63 and 65\n\nSection 63 does not apply to the preparation of a new community management statement under this division.\nSection 65 does not apply to the recording of a new community management statement under this division.\ns 434 ins 2013 No. 25 s 10\n(sec.434-ssec.1) Section 63 does not apply to the preparation of a new community management statement under this division.\n(sec.434-ssec.2) Section 65 does not apply to the recording of a new community management statement under this division.","sortOrder":681},{"sectionNumber":"ch.8-pt.11-div.3","sectionType":"division","heading":"Formal acquisitions happening before commencement if advice not given under former section 51 or 51A","content":"## Formal acquisitions happening before commencement if advice not given under former section 51 or 51A","sortOrder":682},{"sectionNumber":"sec.435","sectionType":"section","heading":"New s 51 or 51A applies to formal acquisition","content":"### sec.435 New s 51 or 51A applies to formal acquisition\n\nThis section applies if—\na formal acquisition affecting a community titles scheme happened before the commencement; and\nat the commencement, the constructing authority for the acquisition has not given the body corporate for the scheme the advice mentioned in former section 51(1) or 51A(1) in relation to the acquisition.\nNew section 51 or 51A applies in relation to the formal acquisition.\ns 435 ins 2013 No. 25 s 10\n(sec.435-ssec.1) This section applies if— a formal acquisition affecting a community titles scheme happened before the commencement; and at the commencement, the constructing authority for the acquisition has not given the body corporate for the scheme the advice mentioned in former section 51(1) or 51A(1) in relation to the acquisition.\n(sec.435-ssec.2) New section 51 or 51A applies in relation to the formal acquisition.\n- (a) a formal acquisition affecting a community titles scheme happened before the commencement; and\n- (b) at the commencement, the constructing authority for the acquisition has not given the body corporate for the scheme the advice mentioned in former section 51(1) or 51A(1) in relation to the acquisition.","sortOrder":683},{"sectionNumber":"ch.8-pt.12","sectionType":"part","heading":"Transitional provision for Property Occupations Act 2014","content":"# Transitional provision for Property Occupations Act 2014","sortOrder":684},{"sectionNumber":"sec.436","sectionType":"section","heading":"Information sheets","content":"### sec.436 Information sheets\n\nSubsection (2) applies to a contract, for the sale of a lot included in a community titles scheme, entered into before the commencement that has not settled.\nFormer sections 205A, 206A and 207 continue to apply to the contract as if the amending Act had not been enacted.\nSubsection (4) applies to a contract, for the sale of a proposed lot, entered into before the commencement that has not settled.\nFormer sections 213A and 215 continue to apply to the contract as if the amending Act had not been enacted.\nIn this section—\namending Act means the Property Occupations Act 2014 .\ncommencement means the commencement of this section.\nformer , in relation to a provision mentioned in this section, means as in force immediately before the commencement.\nproposed lot see section 213(1).\ns 436 ins 2014 No. 22 s 282\n(sec.436-ssec.1) Subsection (2) applies to a contract, for the sale of a lot included in a community titles scheme, entered into before the commencement that has not settled.\n(sec.436-ssec.2) Former sections 205A, 206A and 207 continue to apply to the contract as if the amending Act had not been enacted.\n(sec.436-ssec.3) Subsection (4) applies to a contract, for the sale of a proposed lot, entered into before the commencement that has not settled.\n(sec.436-ssec.4) Former sections 213A and 215 continue to apply to the contract as if the amending Act had not been enacted.\n(sec.436-ssec.5) In this section— amending Act means the Property Occupations Act 2014 . commencement means the commencement of this section. former , in relation to a provision mentioned in this section, means as in force immediately before the commencement. proposed lot see section 213(1).","sortOrder":685},{"sectionNumber":"ch.8-pt.13","sectionType":"part","heading":"Transitional provisions for Land Sales and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Land Sales and Other Legislation Amendment Act 2014","sortOrder":686},{"sectionNumber":"sec.437","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.437 Definitions for pt 13\n\nIn this part—\namendment Act means the Land Sales and Other Legislation Amendment Act 2014 .\ncommencement means the commencement of this part.\nnew , in relation to a provision, means the provision as in force immediately after the commencement.\nold , in relation to a provision, means the provision as in force at any relevant time before the commencement.\nproposed lot means a lot intended to come into existence as a lot included in a community titles scheme when the scheme is established or changed.\ns 437 ins 2014 No. 46 s 21","sortOrder":687},{"sectionNumber":"sec.438","sectionType":"section","heading":"Application of s 212B","content":"### sec.438 Application of s 212B\n\nSection 212B applies only in relation to a contract granting an option to purchase a proposed lot entered into after the commencement.\ns 438 ins 2014 No. 46 s 21","sortOrder":688},{"sectionNumber":"sec.439","sectionType":"section","heading":"Application of s 213","content":"### sec.439 Application of s 213\n\nNew section 213(2)(a) applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\ns 439 ins 2014 No. 46 s 21","sortOrder":689},{"sectionNumber":"sec.440","sectionType":"section","heading":"Application of s 214","content":"### sec.440 Application of s 214\n\nOld section 214 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nNew section 214 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\ns 440 ins 2014 No. 46 s 21\n(sec.440-ssec.1) Old section 214 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.440-ssec.2) New section 214 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.","sortOrder":690},{"sectionNumber":"sec.441","sectionType":"section","heading":"Application, and modified application, of s 217B","content":"### sec.441 Application, and modified application, of s 217B\n\nSection 217B applies only in relation to a contract for the sale of a proposed lot entered into by a buyer after the commencement.\nHowever, section 217B as modified under subsection (3) applies in relation to the contract for the sale of the proposed lot if—\nthe proposed lot is a proposed lot mentioned in the Land Sales Regulation 2000 , schedule 2 as in force immediately before the repeal of that regulation; and\nUnder old LSA, section 28, a period could be prescribed by regulation for giving a registrable instrument for a proposed lot.\nthe contract does not provide the date by which it must be settled.\nSection 217B is modified by omitting subsection (1)(b) and inserting the following—\nif the contract does not provide the date by which it must be settled—the end of the period prescribed in the repealed Land Sales Regulation 2000 , schedule 2 , worked out from the day the contract was entered into.’\nIn this section—\nold LSA, section 28 means section 28 of the Land Sales Act 1984 as in force immediately before the commencement.\ns 441 ins 2014 No. 46 s 21\n(sec.441-ssec.1) Section 217B applies only in relation to a contract for the sale of a proposed lot entered into by a buyer after the commencement.\n(sec.441-ssec.2) However, section 217B as modified under subsection (3) applies in relation to the contract for the sale of the proposed lot if— the proposed lot is a proposed lot mentioned in the Land Sales Regulation 2000 , schedule 2 as in force immediately before the repeal of that regulation; and Under old LSA, section 28, a period could be prescribed by regulation for giving a registrable instrument for a proposed lot. the contract does not provide the date by which it must be settled.\n(sec.441-ssec.3) Section 217B is modified by omitting subsection (1)(b) and inserting the following— if the contract does not provide the date by which it must be settled—the end of the period prescribed in the repealed Land Sales Regulation 2000 , schedule 2 , worked out from the day the contract was entered into.’\n(sec.441-ssec.4) In this section— old LSA, section 28 means section 28 of the Land Sales Act 1984 as in force immediately before the commencement.\n- (a) the proposed lot is a proposed lot mentioned in the Land Sales Regulation 2000 , schedule 2 as in force immediately before the repeal of that regulation; and Note— Under old LSA, section 28, a period could be prescribed by regulation for giving a registrable instrument for a proposed lot.\n- (b) the contract does not provide the date by which it must be settled.\n- ‘(b) if the contract does not provide the date by which it must be settled—the end of the period prescribed in the repealed Land Sales Regulation 2000 , schedule 2 , worked out from the day the contract was entered into.’","sortOrder":691},{"sectionNumber":"sec.442","sectionType":"section","heading":"Application of s 218","content":"### sec.442 Application of s 218\n\nOld section 218 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nNew section 218 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.\ns 442 ins 2014 No. 46 s 21\n(sec.442-ssec.1) Old section 218 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.442-ssec.2) New section 218 applies only in relation to a contract for the sale of a proposed lot entered into after the commencement.","sortOrder":692},{"sectionNumber":"sec.443","sectionType":"section","heading":"Application of ch 5, pt 2, div 5, sdiv 2","content":"### sec.443 Application of ch 5, pt 2, div 5, sdiv 2\n\nChapter 5, part 2, division 5, subdivision 2 applies only in relation to amounts paid under a contract for the sale of a proposed lot entered into after the commencement.\ns 443 ins 2014 No. 46 s 21","sortOrder":693},{"sectionNumber":"sec.444","sectionType":"section","heading":"Continuing application of old LSA, part 3","content":"### sec.444 Continuing application of old LSA, part 3\n\nOld LSA, part 3 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\nHowever, if, at any time before the settlement of a contract to which the part applies, the parties to the contract agree to settle the sale using e-conveyancing, the part is to be read with the following changes—\nold LSA, section 22(4)(a)—\nomit, insert —\nthe vendor or the vendor’s agent can not require the purchaser to settle; and’;\nold LSA, section 23(1), ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’—\nomit, insert —\n‘(but excluding an amount payable at settlement)’;\nold LSA, section 23(4)—\nomit ;\nold LSA, section 25(2)(a)—\nomit, insert —\nbefore settlement of the sale of the proposed lot; or’;\nold LSA, section 25(2)(b)(ii)—\nomit, insert —\nbefore settlement of the sale of the proposed lot;’;\nold LSA, section 27, heading—\nomit, insert—\nPurchaser’s rights if purchase not settled within a certain period’;\nold LSA, section 27(1)(b), ‘the vendor has not given the purchaser a registrable instrument of transfer for the lot’—\nomit, insert —\n‘the sale of the proposed lot has not been settled’;\nold LSA, section 27(2), ‘before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot’—\nomit, insert —\n‘before the sale of the proposed lot has been settled’;\nold LSA, section 28, heading, ‘for giving of registrable instrument’—\nomit .\nIn this section—\ne-conveyancing see the Property Law Act 1974 , section 58A .\nold LSA , followed by a provision number, means the provision with that number in the Land Sales Act 1984 as in force at any relevant time before the commencement.\ns 444 ins 2014 No. 46 s 21\n(sec.444-ssec.1) Old LSA, part 3 continues to apply in relation to a contract for the sale of a proposed lot entered into before the commencement as if the amendment Act had not been enacted.\n(sec.444-ssec.2) However, if, at any time before the settlement of a contract to which the part applies, the parties to the contract agree to settle the sale using e-conveyancing, the part is to be read with the following changes— old LSA, section 22(4)(a)— omit, insert — the vendor or the vendor’s agent can not require the purchaser to settle; and’; old LSA, section 23(1), ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’— omit, insert — ‘(but excluding an amount payable at settlement)’; old LSA, section 23(4)— omit ; old LSA, section 25(2)(a)— omit, insert — before settlement of the sale of the proposed lot; or’; old LSA, section 25(2)(b)(ii)— omit, insert — before settlement of the sale of the proposed lot;’; old LSA, section 27, heading— omit, insert— Purchaser’s rights if purchase not settled within a certain period’; old LSA, section 27(1)(b), ‘the vendor has not given the purchaser a registrable instrument of transfer for the lot’— omit, insert — ‘the sale of the proposed lot has not been settled’; old LSA, section 27(2), ‘before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot’— omit, insert — ‘before the sale of the proposed lot has been settled’; old LSA, section 28, heading, ‘for giving of registrable instrument’— omit .\n(sec.444-ssec.3) In this section— e-conveyancing see the Property Law Act 1974 , section 58A . old LSA , followed by a provision number, means the provision with that number in the Land Sales Act 1984 as in force at any relevant time before the commencement.\n- (a) old LSA, section 22(4)(a)—\n- omit, insert — ‘(a) the vendor or the vendor’s agent can not require the purchaser to settle; and’;\n- ‘(a) the vendor or the vendor’s agent can not require the purchaser to settle; and’;\n- (b) old LSA, section 23(1), ‘, without becoming entitled in terms of the instrument to receive a registrable instrument of transfer in exchange therefor’—\n- omit, insert —\n- ‘(but excluding an amount payable at settlement)’;\n- (c) old LSA, section 23(4)—\n- omit ;\n- (d) old LSA, section 25(2)(a)—\n- omit, insert — ‘(a) before settlement of the sale of the proposed lot; or’;\n- ‘(a) before settlement of the sale of the proposed lot; or’;\n- (e) old LSA, section 25(2)(b)(ii)—\n- omit, insert — ‘(ii) before settlement of the sale of the proposed lot;’;\n- ‘(ii) before settlement of the sale of the proposed lot;’;\n- (f) old LSA, section 27, heading—\n- omit, insert— ‘27 Purchaser’s rights if purchase not settled within a certain period’;\n- ‘27 Purchaser’s rights if purchase not settled within a certain period’;\n- (g) old LSA, section 27(1)(b), ‘the vendor has not given the purchaser a registrable instrument of transfer for the lot’—\n- omit, insert —\n- ‘the sale of the proposed lot has not been settled’;\n- (h) old LSA, section 27(2), ‘before the vendor gives the purchaser the registrable instrument of transfer for the proposed lot’—\n- omit, insert —\n- ‘before the sale of the proposed lot has been settled’;\n- (i) old LSA, section 28, heading, ‘for giving of registrable instrument’— omit .\n- ‘(a) the vendor or the vendor’s agent can not require the purchaser to settle; and’;\n- ‘(a) before settlement of the sale of the proposed lot; or’;\n- ‘(ii) before settlement of the sale of the proposed lot;’;\n- ‘27 Purchaser’s rights if purchase not settled within a certain period’;","sortOrder":694},{"sectionNumber":"ch.8-pt.14","sectionType":"part","heading":"Savings provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","content":"# Savings provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","sortOrder":695},{"sectionNumber":"sec.445","sectionType":"section","heading":"Saving of operation of expired ch 7, pt 3","content":"### sec.445 Saving of operation of expired ch 7, pt 3\n\nThis section applies for the expiry of chapter 7, part 3.\nChapter 7, part 3 expires on the COVID-19 legislation expiry day. See section 323I, which also expires on the COVID-19 legislation expiry day.\nChapter 7, part 3 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.\ns 445 ins 2020 No. 16 s 5\namd 2020 No. 38 s 37 (1)\n(sec.445-ssec.1) This section applies for the expiry of chapter 7, part 3. Chapter 7, part 3 expires on the COVID-19 legislation expiry day. See section 323I, which also expires on the COVID-19 legislation expiry day.\n(sec.445-ssec.2) Chapter 7, part 3 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":696},{"sectionNumber":"sec.446","sectionType":"section","heading":"Recovery of body corporate debts after expiry of ch 7, pt 3","content":"### sec.446 Recovery of body corporate debts after expiry of ch 7, pt 3\n\nThis section applies to a body corporate after the expiry day if, but for expired section 323G, the body corporate would have been required under a regulation module to commence proceedings to recover an amount during the relevant period.\nThe body corporate must start proceedings to recover the amount within 2 months after the expiry day.\nIn this section—\nexpired section 323G means section 323G as in force before the expiry day.\nexpiry day means the COVID-19 legislation expiry day.\nrelevant period see section 323C as in force before the expiry day.\ns 446 ins 2020 No. 16 s 5\namd 2020 No. 38 s 37 (1)\n(sec.446-ssec.1) This section applies to a body corporate after the expiry day if, but for expired section 323G, the body corporate would have been required under a regulation module to commence proceedings to recover an amount during the relevant period.\n(sec.446-ssec.2) The body corporate must start proceedings to recover the amount within 2 months after the expiry day.\n(sec.446-ssec.3) In this section— expired section 323G means section 323G as in force before the expiry day. expiry day means the COVID-19 legislation expiry day. relevant period see section 323C as in force before the expiry day.","sortOrder":697},{"sectionNumber":"ch.8-pt.15","sectionType":"part","heading":"Transitional provision for Property Law Act 2023","content":"# Transitional provision for Property Law Act 2023","sortOrder":698},{"sectionNumber":"sec.447","sectionType":"section","heading":"Contracts entered into before commencement","content":"### sec.447 Contracts entered into before commencement\n\nThis section applies to the sale of a lot under a contract entered into before the commencement.\nChapter 5, as in force immediately before the commencement, continues to apply in relation to the sale despite the amendment of chapter 5 by the Property Law Act 2023 .\ns 447 ins 2023 No. 27 s 271\n(sec.447-ssec.1) This section applies to the sale of a lot under a contract entered into before the commencement.\n(sec.447-ssec.2) Chapter 5, as in force immediately before the commencement, continues to apply in relation to the sale despite the amendment of chapter 5 by the Property Law Act 2023 .","sortOrder":699},{"sectionNumber":"ch.8-pt.16","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2023","sortOrder":700},{"sectionNumber":"sec.448","sectionType":"section","heading":"Definitions for part","content":"### sec.448 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 448 ins 2023 No. 29 s 41","sortOrder":701},{"sectionNumber":"sec.449","sectionType":"section","heading":"By-laws about smoking products made before commencement","content":"### sec.449 By-laws about smoking products made before commencement\n\nThis section applies to a by-law for a community titles scheme that—\nis in force immediately before the commencement; and\nprohibits or restricts the use of a smoking product by an occupier of a lot included in the scheme or the occupier’s invitee.\nThe by-law is enforceable to the extent the by-law is consistent with new section 169A.\ns 449 ins 2023 No. 29 s 41\n(sec.449-ssec.1) This section applies to a by-law for a community titles scheme that— is in force immediately before the commencement; and prohibits or restricts the use of a smoking product by an occupier of a lot included in the scheme or the occupier’s invitee.\n(sec.449-ssec.2) The by-law is enforceable to the extent the by-law is consistent with new section 169A.\n- (a) is in force immediately before the commencement; and\n- (b) prohibits or restricts the use of a smoking product by an occupier of a lot included in the scheme or the occupier’s invitee.","sortOrder":702},{"sectionNumber":"sec.450","sectionType":"section","heading":"By-laws about keeping of animals made before commencement","content":"### sec.450 By-laws about keeping of animals made before commencement\n\nThis section applies to a by-law for a community titles scheme about the keeping or bringing of an animal on a lot or the common property that is in force immediately before the commencement.\nThe by-law is enforceable to the extent the by-law is consistent with new section 169B.\nIf, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about whether a by-law about keeping or bringing an animal on a lot or the common property is valid and enforceable and the dispute is not resolved, the dispute must be resolved under the Act as in force from the commencement.\nIf, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a decision about keeping or bringing an animal on a lot or common property and the dispute is not resolved, the dispute must be resolved under the Act as in force immediately before the commencement.\ns 450 ins 2023 No. 29 s 41\n(sec.450-ssec.1) This section applies to a by-law for a community titles scheme about the keeping or bringing of an animal on a lot or the common property that is in force immediately before the commencement.\n(sec.450-ssec.2) The by-law is enforceable to the extent the by-law is consistent with new section 169B.\n(sec.450-ssec.3) If, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about whether a by-law about keeping or bringing an animal on a lot or the common property is valid and enforceable and the dispute is not resolved, the dispute must be resolved under the Act as in force from the commencement.\n(sec.450-ssec.4) If, before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a decision about keeping or bringing an animal on a lot or common property and the dispute is not resolved, the dispute must be resolved under the Act as in force immediately before the commencement.","sortOrder":703},{"sectionNumber":"sec.451","sectionType":"section","heading":"Code of conduct","content":"### sec.451 Code of conduct\n\nNew schedule 2, section 2(2) does not apply to a person’s conduct as a caretaking service contractor before the commencement.\nNew schedule 2, section 3 does not apply to a person’s conduct as a body corporate manager or caretaking service contractor before the commencement.\ns 451 ins 2023 No. 29 s 41\n(sec.451-ssec.1) New schedule 2, section 2(2) does not apply to a person’s conduct as a caretaking service contractor before the commencement.\n(sec.451-ssec.2) New schedule 2, section 3 does not apply to a person’s conduct as a body corporate manager or caretaking service contractor before the commencement.","sortOrder":704},{"sectionNumber":"sec.452","sectionType":"section","heading":"Alternative insurance","content":"### sec.452 Alternative insurance\n\nThis section applies if—\nbefore the commencement, a body corporate for a community titles scheme applied to the commissioner, under the regulation module applying to the scheme, for authorisation to put in place alternative insurance in a form approved by the commissioner; and\nimmediately before the commencement, the commissioner had not decided the application.\nThe commissioner must consider and decide the application as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\ns 452 ins 2023 No. 29 s 41\n(sec.452-ssec.1) This section applies if— before the commencement, a body corporate for a community titles scheme applied to the commissioner, under the regulation module applying to the scheme, for authorisation to put in place alternative insurance in a form approved by the commissioner; and immediately before the commencement, the commissioner had not decided the application.\n(sec.452-ssec.2) The commissioner must consider and decide the application as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\n- (a) before the commencement, a body corporate for a community titles scheme applied to the commissioner, under the regulation module applying to the scheme, for authorisation to put in place alternative insurance in a form approved by the commissioner; and\n- (b) immediately before the commencement, the commissioner had not decided the application.","sortOrder":705},{"sectionNumber":"sec.453","sectionType":"section","heading":"Dispute resolution in layered arrangement of community titles schemes","content":"### sec.453 Dispute resolution in layered arrangement of community titles schemes\n\nThis section applies if—\nbefore the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a by-law made by a body corporate for a community titles scheme in a layered arrangement of community titles schemes; and\nthe dispute is between the person and—\nthe body corporate of another community titles scheme in the layered arrangement; or\nthe owner or occupier of a lot in another community titles scheme in the layered arrangement; and\nimmediately before the commencement, the dispute is not resolved.\nThe dispute must be resolved under the Act as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\ns 453 ins 2023 No. 29 s 41\n(sec.453-ssec.1) This section applies if— before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a by-law made by a body corporate for a community titles scheme in a layered arrangement of community titles schemes; and the dispute is between the person and— the body corporate of another community titles scheme in the layered arrangement; or the owner or occupier of a lot in another community titles scheme in the layered arrangement; and immediately before the commencement, the dispute is not resolved.\n(sec.453-ssec.2) The dispute must be resolved under the Act as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\n- (a) before the commencement, a person applied under former chapter 6, part 4 for the resolution of a dispute about a by-law made by a body corporate for a community titles scheme in a layered arrangement of community titles schemes; and\n- (b) the dispute is between the person and— (i) the body corporate of another community titles scheme in the layered arrangement; or (ii) the owner or occupier of a lot in another community titles scheme in the layered arrangement; and\n- (i) the body corporate of another community titles scheme in the layered arrangement; or\n- (ii) the owner or occupier of a lot in another community titles scheme in the layered arrangement; and\n- (c) immediately before the commencement, the dispute is not resolved.\n- (i) the body corporate of another community titles scheme in the layered arrangement; or\n- (ii) the owner or occupier of a lot in another community titles scheme in the layered arrangement; and","sortOrder":706},{"sectionNumber":"sec.454","sectionType":"section","heading":"Existing notices","content":"### sec.454 Existing notices\n\nThis section applies if a notice, legal process or other document was served on a body corporate for a community titles scheme before the commencement.\nIf the notice, legal process or other document was served under former section 315, the notice, legal process or other document is taken to have been served under this Act.\ns 454 ins 2023 No. 29 s 41\n(sec.454-ssec.1) This section applies if a notice, legal process or other document was served on a body corporate for a community titles scheme before the commencement.\n(sec.454-ssec.2) If the notice, legal process or other document was served under former section 315, the notice, legal process or other document is taken to have been served under this Act.","sortOrder":707},{"sectionNumber":"sec.455","sectionType":"section","heading":"Matters about termination taken before commencement","content":"### sec.455 Matters about termination taken before commencement\n\nThis section applies if—\nunder former section 78(1)—\na body corporate for a community titles scheme decided to terminate the scheme; and\nan agreement had been entered into under former section 78(1)(b); and\nimmediately before the commencement—the scheme is not terminated; or\na person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated.\nThe community titles scheme may be terminated under former chapter 2, part 9 as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\ns 455 ins 2023 No. 29 s 41\n(sec.455-ssec.1) This section applies if— under former section 78(1)— a body corporate for a community titles scheme decided to terminate the scheme; and an agreement had been entered into under former section 78(1)(b); and immediately before the commencement—the scheme is not terminated; or a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated.\n(sec.455-ssec.2) The community titles scheme may be terminated under former chapter 2, part 9 as if the Body Corporate and Community Management and Other Legislation Amendment Act 2023 had not been enacted.\n- (a) under former section 78(1)— (i) a body corporate for a community titles scheme decided to terminate the scheme; and (ii) an agreement had been entered into under former section 78(1)(b); and (iii) immediately before the commencement—the scheme is not terminated; or\n- (i) a body corporate for a community titles scheme decided to terminate the scheme; and\n- (ii) an agreement had been entered into under former section 78(1)(b); and\n- (iii) immediately before the commencement—the scheme is not terminated; or\n- (b) a person had applied to the District Court under former section 78(4) for an order to terminate the scheme and immediately before the commencement the scheme is not terminated.\n- (i) a body corporate for a community titles scheme decided to terminate the scheme; and\n- (ii) an agreement had been entered into under former section 78(1)(b); and\n- (iii) immediately before the commencement—the scheme is not terminated; or","sortOrder":708},{"sectionNumber":"sec.456","sectionType":"section","heading":"Disputes about particular matters","content":"### sec.456 Disputes about particular matters\n\nNew section 227 does not apply to the giving of documents or material by an original owner to a body corporate for a community titles scheme if the first annual general meeting of the body corporate is held before the commencement.\ns 456 ins 2023 No. 29 s 41","sortOrder":709},{"sectionNumber":"ch.8-pt.17","sectionType":"part","heading":"Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","sortOrder":710},{"sectionNumber":"sec.457","sectionType":"section","heading":"Definition for part","content":"### sec.457 Definition for part\n\nIn this part—\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 457 ins 2024 No. 27 s 94","sortOrder":711},{"sectionNumber":"sec.458","sectionType":"section","heading":"Facilitator’s functions under existing termination plans","content":"### sec.458 Facilitator’s functions under existing termination plans\n\nThis section applies if—\nbefore the commencement—\nthe body corporate for a community titles scheme has passed a termination plan resolution; and\nthe body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and\nimmediately before the commencement, the body corporate has not passed a termination resolution.\nA facilitator appointed to implement the termination plan must, at least 2 months before the day of settlement for the contract of the sale of the scheme, give written notice to each lessee of a lot included in the scheme or other scheme land stating—\nthe day of settlement; and\nif the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and\nthe day on which the owner of the lot is to provide vacant possession of the lot.\nSubsection (4) applies in relation to a lease of a lot or other scheme land if—\nthe lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and\nthe lease is any of the following—\na residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\na lease under the Retail Shop Leases Act 1994 .\nNew section 81V(2) applies in relation to the lease as if the notice given to the lessee under subsection (2) were a notice mentioned in new section 81V(1)(a).\ns 458 ins 2024 No. 27 s 94\n(sec.458-ssec.1) This section applies if— before the commencement— the body corporate for a community titles scheme has passed a termination plan resolution; and the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and immediately before the commencement, the body corporate has not passed a termination resolution.\n(sec.458-ssec.2) A facilitator appointed to implement the termination plan must, at least 2 months before the day of settlement for the contract of the sale of the scheme, give written notice to each lessee of a lot included in the scheme or other scheme land stating— the day of settlement; and if the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and the day on which the owner of the lot is to provide vacant possession of the lot.\n(sec.458-ssec.3) Subsection (4) applies in relation to a lease of a lot or other scheme land if— the lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and the lease is any of the following— a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; a lease under the Retail Shop Leases Act 1994 .\n(sec.458-ssec.4) New section 81V(2) applies in relation to the lease as if the notice given to the lessee under subsection (2) were a notice mentioned in new section 81V(1)(a).\n- (a) before the commencement— (i) the body corporate for a community titles scheme has passed a termination plan resolution; and (ii) the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and\n- (i) the body corporate for a community titles scheme has passed a termination plan resolution; and\n- (ii) the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and\n- (b) immediately before the commencement, the body corporate has not passed a termination resolution.\n- (i) the body corporate for a community titles scheme has passed a termination plan resolution; and\n- (ii) the body corporate has, under section 81J, given each lot owner a copy of the termination plan in relation to the scheme; and\n- (a) the day of settlement; and\n- (b) if the lease is a lease mentioned in new section 81V(1)(b)—that the lessee’s lease will terminate on the settlement day under that section as it applies under subsection (4); and\n- (c) the day on which the owner of the lot is to provide vacant possession of the lot.\n- (a) the lease is in effect immediately before the day of settlement of the contract for the sale of the scheme; and\n- (b) the lease is any of the following— (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ; (ii) a lease under the Retail Shop Leases Act 1994 .\n- (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (ii) a lease under the Retail Shop Leases Act 1994 .\n- (i) a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 ;\n- (ii) a lease under the Retail Shop Leases Act 1994 .","sortOrder":712},{"sectionNumber":"sec.459","sectionType":"section","heading":"Proceedings for particular court orders","content":"### sec.459 Proceedings for particular court orders\n\nThis section applies if—\nbefore the commencement, a person applied under section 81N for a court order in relation to a termination plan; and\nimmediately before the commencement, the court had not decided the application.\nNew section 81R applies in relation to the matters the court must consider in deciding whether to make the order.\ns 459 ins 2024 No. 27 s 94\n(sec.459-ssec.1) This section applies if— before the commencement, a person applied under section 81N for a court order in relation to a termination plan; and immediately before the commencement, the court had not decided the application.\n(sec.459-ssec.2) New section 81R applies in relation to the matters the court must consider in deciding whether to make the order.\n- (a) before the commencement, a person applied under section 81N for a court order in relation to a termination plan; and\n- (b) immediately before the commencement, the court had not decided the application.","sortOrder":713},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Example of basic scheme","content":"# Example of basic scheme","sortOrder":714},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Example of simple layered arrangement of schemes","content":"# Example of simple layered arrangement of schemes","sortOrder":715},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Example of more complex layered arrangement of schemes","content":"# Example of more complex layered arrangement of schemes","sortOrder":716},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Example of progressive subdivision for creating more lots in a scheme","content":"# Example of progressive subdivision for creating more lots in a scheme","sortOrder":717},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Example of progressive subdivision for creating layered arrangement of schemes","content":"# Example of progressive subdivision for creating layered arrangement of schemes","sortOrder":718},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Example of creating layered arrangement of schemes by combining schemes","content":"# Example of creating layered arrangement of schemes by combining schemes","sortOrder":719},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Management structure for basic scheme","content":"# Management structure for basic scheme","sortOrder":720},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Management structure for layered arrangement","content":"# Management structure for layered arrangement","sortOrder":721}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act began with a focused primary objective of providing flexible communally based arrangements for freehold land. Over time, through multiple amendments (2003, 2007, 2008, 2011, 2013, 2014, 2018, 2023), its scope expanded significantly to include: detailed dispute resolution pathways including QCAT jurisdiction; complex lot entitlement adjustment mechanisms with associated review rights; detailed utility infrastructure ownership rules with date-dependent thresholds; progressive development notification obligations; body corporate acquisition of lots for letting agent accommodation; and consumer protection provisions. The secondary objects section itself was amended in 2007. What started as a scheme establishment framework evolved into a comprehensive governance code for the ongoing operation of community title living."},"complexity_factors":["Layered/nested scheme structures (schemes within schemes within schemes) require multi-level conceptual reasoning to understand","Two distinct lot entitlement schedules (contribution and interest) with different principles governing each, and detailed rules about when and how they can be changed","Multiple cross-references to other Acts (Land Title Act, QCAT Act, Property Occupations Act, Plumbing and Drainage Act, Water Supply Act, Corporations Act, Taxation Administration Act)","Complex ownership structure — lot owners, body corporate, tenants in common shares, and inseparable interests all interacting","Regulation modules system — the operational rules are not in the Act itself but in separate regulations that are selected per scheme, creating a two-tier legislative structure","Dispute resolution pathways are multi-layered (specialist adjudicators vs QCAT, jurisdictional limits, procedural rules for each type of application)","Extensive defined terminology with inter-dependent definitions (scheme, lot, common property, body corporate assets, community management statement, layered arrangement, principal scheme, subsidiary scheme, etc.)","Utility infrastructure ownership rules with multiple date-dependent exceptions and cross-references to plumbing law","Progressive development and subdivision provisions create shifting relationships between lots, schemes, and common property over time","Historical amendments spanning 1997–2023 layered onto the original framework, creating interpretive complexity"],"plain_english_summary":"The Act is Queensland’s primary law for community titles schemes (strata-style ownership), creating bodies corporate to manage shared property and setting how individual lots and common property are owned, funded and governed. It fixes how levies, voting power and property shares (lot entitlements) are calculated, defines managers’ and contractors’ roles, and provides a dispute-resolution route. It matters to lot owners, buyers, renters, developers and service providers because it determines costs, rights and how communal living is run."},"kimi_summary":{"_metrics":{"completionTokens":686},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially from its original 1997 form. Major expansions include: the 2003 rewrite introducing regulation modules and layered arrangements; the 2011 addition of specified two-lot schemes with simplified governance; the 2023 overhaul of termination provisions adding economic reasons termination with pre-termination reports, facilitators, and 75% voting thresholds; plus extensive amendments for smoking by-laws, animal keeping, and towing powers. The Act now covers far more than basic strata management — it includes complex commercial arrangements, developer controls, and sophisticated exit mechanisms."},"complexity_factors":["Extensive cross-referencing between the Act, regulation modules, and other Queensland legislation (Land Title Act, Planning Act, QCAT Act, etc.)","Multiple overlapping decision-making thresholds: resolution without dissent, special resolution, majority resolution, ordinary resolution, and lot owner agreements","Nested definitions and conditional logic throughout — e.g., 'specified two-lot schemes' have entirely different management structures","Layered arrangements create hierarchical relationships where subsidiary schemes sit within principal schemes, each with their own body corporate","Detailed procedural requirements for community management statements, including timing constraints, planning body endorsements, and formal acquisition adjustments","Substantial dispute resolution machinery with multiple pathways (adjudicators, QCAT, District Court) depending on the nature of the dispute","Termination provisions include three distinct pathways (unanimous resolution, court order, and economic reasons) with elaborate procedural safeguards","By-law enforcement includes continuing contravention notices, future contravention notices, and different rules for basic schemes versus layered arrangements"],"plain_english_summary":"This is Queensland's **Body Corporate and Community Management Act 1997**, the main law governing how community title schemes (like apartment buildings, townhouses, and gated communities) are established and run.\n\n**What it does:**\n- **Creates the legal framework** for \"community titles schemes\" — shared property arrangements where individual owners hold their own lot while jointly owning common areas (pools, gardens, driveways, etc.)\n- **Establishes bodies corporate** — legal entities that automatically form when a scheme is created, made up of all lot owners, which manage the common property\n- **Sets up flexible management** through \"regulation modules\" — different rule sets that can apply depending on the scheme's size and complexity (from large residential towers to simple two-lot arrangements)\n- **Defines key concepts** like lot entitlements (how much each owner pays in levies and votes), common property, body corporate assets, and layered arrangements (where one scheme sits inside another)\n- **Provides dispute resolution** through specialist adjudicators and QCAT (Queensland Civil and Administrative Tribunal)\n\n**Who it affects:**\n- Anyone who owns or buys into a community title scheme in Queensland\n- Body corporate managers, caretakers, and letting agents\n- Developers creating new schemes\n- Local governments and planning authorities\n\n**Why it matters:**\nThe Act balances individual property rights with collective responsibility. It ensures owners can make decisions about their shared spaces while protecting against unfair treatment, providing transparency, and offering clear pathways to resolve conflicts — from noisy neighbours to major building defects or even terminating entire schemes when they become unviable."}},"importantCases":[],"_links":{"self":"/api/acts/qld-act-1997-028","history":"/api/acts/qld-act-1997-028/history","analysis":"/api/acts/qld-act-1997-028/analysis","conflicts":"/api/acts/qld-act-1997-028/conflicts","importantCases":"/api/acts/qld-act-1997-028/important-cases","documents":"/api/acts/qld-act-1997-028/documents"}}