sec.235Return of body corporate property

### sec.235 Return of body corporate property This section applies if— a person has possession or control of any of the following property (the specified property )— a body corporate asset for a community titles scheme; a record or other document of a body corporate; and the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— a member, or an associate of a member, of the body corporate or of the committee; or a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or an original owner; and the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— a member of the committee who is named in the notice; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice. The person must comply with the notice. Maximum penalty—20 penalty units. The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) . In this section— prescribed notice means— a notice of a resolution of the committee; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme. s 235 amd 2024 SL No. 40 s 75 (sec.235-ssec.1) This section applies if— a person has possession or control of any of the following property (the specified property )— a body corporate asset for a community titles scheme; a record or other document of a body corporate; and the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— a member, or an associate of a member, of the body corporate or of the committee; or a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or an original owner; and the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— a member of the committee who is named in the notice; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice. (sec.235-ssec.2) The person must comply with the notice. Maximum penalty—20 penalty units. (sec.235-ssec.3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) . (sec.235-ssec.4) In this section— prescribed notice means— a notice of a resolution of the committee; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme. - (a) a person has possession or control of any of the following property (the specified property )— (i) a body corporate asset for a community titles scheme; (ii) a record or other document of a body corporate; and - (i) a body corporate asset for a community titles scheme; - (ii) a record or other document of a body corporate; and - (b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— (i) a member, or an associate of a member, of the body corporate or of the committee; or (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or (iii) an original owner; and - (i) a member, or an associate of a member, of the body corporate or of the committee; or - (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or - (iii) an original owner; and - (c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— (i) a member of the committee who is named in the notice; or (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice. - (i) a member of the committee who is named in the notice; or - (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice. - (i) a body corporate asset for a community titles scheme; - (ii) a record or other document of a body corporate; and - (i) a member, or an associate of a member, of the body corporate or of the committee; or - (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or - (iii) an original owner; and - (i) a member of the committee who is named in the notice; or - (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice. - (a) a notice of a resolution of the committee; or - (b) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.