sec.385Body corporate committee to deal with motion if motion submitted to it

sec.385 Body corporate committee to deal with motion if motion submitted to it

This section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme. The committee must, within 2 months after receiving the motion— identify the pre-adjustment order entitlements for the existing scheme; and give written notice to each owner of a lot included in the scheme— stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and stating the committee’s proposed adjustment of the contribution schedule for the scheme; and inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice. If section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b). The committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384. The committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision. The body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to— if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change. Subsection (6)— applies despite section 47A; but does not apply if— an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6). An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply— under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384. s 385 ins 2011 No. 9 s 41 (sec.385-ssec.1) This section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme. (sec.385-ssec.2) The committee must, within 2 months after receiving the motion— identify the pre-adjustment order entitlements for the existing scheme; and give written notice to each owner of a lot included in the scheme— stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and stating the committee’s proposed adjustment of the contribution schedule for the scheme; and inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period ) of at least 28 days after receiving the notice. (sec.385-ssec.3) If section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b). (sec.385-ssec.4) The committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384. (sec.385-ssec.5) The committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision. (sec.385-ssec.6) The body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to— if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee. Maximum penalty—100 penalty units. Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change. (sec.385-ssec.7) Subsection (6)— applies despite section 47A; but does not apply if— an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6). (sec.385-ssec.8) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply— under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.