Body Corporate and Community Management Act 1997
sec.50Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
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sec.50 Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
This section applies if the owners of 2 or more lots included in a community titles scheme— agree in writing to change the lot entitlements of the lots; and under the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and the owners of the changing lots have advised the body corporate in writing of the change. The body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment agreed to. Maximum penalty—100 penalty units. The new statement must be prepared and recorded at the expense of the owners of the changing lots. s 50 amd 2003 No. 6 s 3 sch (sec.50-ssec.1) This section applies if the owners of 2 or more lots included in a community titles scheme— agree in writing to change the lot entitlements of the lots; and under the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and the owners of the changing lots have advised the body corporate in writing of the change. (sec.50-ssec.2) The body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment agreed to. Maximum penalty—100 penalty units. (sec.50-ssec.3) The new statement must be prepared and recorded at the expense of the owners of the changing lots.
- (a) agree in writing to change the lot entitlements of the lots; and
- (b) under the agreed change (the change ), the total lot entitlements of the lots subject to the change (the changing lots ) is not affected; and
- (c) the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and
- (d) the owners of the changing lots have advised the body corporate in writing of the change.