sec.183AAFuture contravention notice—layered arrangement of community titles schemes

sec.183AA Future contravention notice—layered arrangement of community titles schemes

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. The body corporate may, by notice (a future contravention notice ) given to the person, require the person not to repeat the contravention. 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. 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. 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. The future contravention notice has effect for— 3 months after it is given to the person; or a shorter period mentioned in the notice. The person must comply with the future contravention notice. Maximum penalty—20 penalty units. 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) . 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. s 183AA ins 2023 No. 29 s 16 (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. (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. (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. (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. (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. (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. (sec.183AA-ssec.7) The person must comply with the future contravention notice. Maximum penalty—20 penalty units. (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) . (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.