sec.376Application of div 3

sec.376 Application of div 3

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. 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. 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. 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. s 376 ins 2011 No. 9 s 41 (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. (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. (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. (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.