Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.140Notices of transfer and other matters— Act , s 201 [ SM, s 223 ]
Start here
Get a plain-English read of sec.140
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management (Small Schemes Module) Regulation 2020.
sec.140 Notices of transfer and other matters— Act , s 201 [ SM, s 223 ]
This section applies to a lot included in the community titles scheme if 1 or more of the following events happens— a person becomes the owner of the lot by transfer, transmission, or in another way; a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated; the owner of the lot engages a person to act for the owner in the letting or leasing of the lot; the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated; the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot; an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot. The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event. Maximum penalty—20 penalty units. The notice must— for an event mentioned in subsection (1) (a) — be given by the person who becomes the owner of the lot; and state the person’s name and residential or business address; and unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and give brief details about the way the person became the owner of the lot; and for an event mentioned in subsection (1) (b) — be given by the owner of the lot; and for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and for the termination of a leasehold interest—state when the interest was terminated; and for an event mentioned in subsection (1) (c) — be given by the owner of the lot; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and for an event mentioned in subsection (1) (d) — be given by the owner of the lot; and state when the engagement of the person was terminated; and for an event mentioned in subsection (1) (e) or (f) — be given by the registered mortgagee; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee. (sec.140-ssec.1) This section applies to a lot included in the community titles scheme if 1 or more of the following events happens— a person becomes the owner of the lot by transfer, transmission, or in another way; a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated; the owner of the lot engages a person to act for the owner in the letting or leasing of the lot; the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated; the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot; an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot. (sec.140-ssec.2) The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event. Maximum penalty—20 penalty units. (sec.140-ssec.3) The notice must— for an event mentioned in subsection (1) (a) — be given by the person who becomes the owner of the lot; and state the person’s name and residential or business address; and unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and give brief details about the way the person became the owner of the lot; and for an event mentioned in subsection (1) (b) — be given by the owner of the lot; and for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and for the termination of a leasehold interest—state when the interest was terminated; and for an event mentioned in subsection (1) (c) — be given by the owner of the lot; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and for an event mentioned in subsection (1) (d) — be given by the owner of the lot; and state when the engagement of the person was terminated; and for an event mentioned in subsection (1) (e) or (f) — be given by the registered mortgagee; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.