sec.167Community body corporate

sec.167 Community body corporate

On registration of the community plan, the proprietors of the community development lots are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Community Body Corporate’. If a community development lot is subdivided by a community plan of subdivision, the proprietors of the community development lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot. If community development lots are amalgamated by a community plan of amalgamation, the proprietor of the community development lot created becomes a member of the community body corporate in place of the proprietors of the amalgamated community development lots. If a community development lot is subdivided by a precinct plan, the precinct body corporate created becomes a member of the community body corporate in place of the proprietor of the subdivided community development lot. If a community development lot is subdivided under part 6 by a stratum plan, the proprietors of the community stratum lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot. If a community development lot is subdivided by a group titles or building units plan, or a community stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the community body corporate. The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the community body corporate. The Corporations Act does not apply to the community body corporate. The community body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the community property. The body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection. The community body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name. Without limiting subsection (11) , the community body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the community property; or be sued for any matter connected with the community property; or take the legal action necessary to enforce its by-laws. If work is carried out on land that becomes community property, then, on registration of the community plan, the community body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract. s 167 amd 2001 No. 45 s 29 sch 3 ; 2022 No. 28 s 32 (sec.167-ssec.1) On registration of the community plan, the proprietors of the community development lots are, because of this Act, a body corporate under the name ‘( insert name of development specified in the approved scheme ) Community Body Corporate’. (sec.167-ssec.2) If a community development lot is subdivided by a community plan of subdivision, the proprietors of the community development lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot. (sec.167-ssec.3) If community development lots are amalgamated by a community plan of amalgamation, the proprietor of the community development lot created becomes a member of the community body corporate in place of the proprietors of the amalgamated community development lots. (sec.167-ssec.4) If a community development lot is subdivided by a precinct plan, the precinct body corporate created becomes a member of the community body corporate in place of the proprietor of the subdivided community development lot. (sec.167-ssec.5) If a community development lot is subdivided under part 6 by a stratum plan, the proprietors of the community stratum lots created become members of the community body corporate in place of the proprietor of the subdivided community development lot. (sec.167-ssec.6) If a community development lot is subdivided by a group titles or building units plan, or a community stratum lot is subdivided by a building units plan— the proprietor of the lot— must give written notice to the community body corporate of the name and address for service of the body corporate created by the registration of the plan; and ceases to be a member of the community body corporate so far as the proprietor was a member because of being the proprietor of the lot; and the body corporate created by the registration of the plan becomes a member of the community body corporate. (sec.167-ssec.7) The subdivision or resubdivision of a lot, or of a lot and common property, on a group titles plan by a building units or group titles plan does not affect the membership of the community body corporate. (sec.167-ssec.8) The Corporations Act does not apply to the community body corporate. (sec.167-ssec.9) The community body corporate— has the powers and functions conferred on it under this Act or its by-laws; and must do all things that are necessary and reasonable for— the enforcement of its by-laws; and the control, management and administration of the community property. (sec.167-ssec.10) The body corporate must act reasonably in anything it does under subsection (9) , including making, or not making, a decision under the subsection. (sec.167-ssec.11) The community body corporate— has perpetual succession; and has a common seal; and is capable of suing and being sued in its corporate name. (sec.167-ssec.12) Without limiting subsection (11) , the community body corporate may— sue and be sued on any contract made by it; or sue for any damage or injury to the community property; or be sued for any matter connected with the community property; or take the legal action necessary to enforce its by-laws. (sec.167-ssec.13) If work is carried out on land that becomes community property, then, on registration of the community plan, the community body corporate— is taken to have been a party to an enforceable contract for the carrying out of the work; and may sue or be sued in relation to the contract.