Body Corporate and Community Management Act 1997
sec.58Community management statement for higher scheme prevails
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sec.58 Community management statement for higher scheme prevails
If a community titles scheme ( scheme A ) is a subsidiary scheme, scheme A’s community management statement (other than the unaffected provisions) has effect subject to the community management statement for each community titles scheme for which scheme A is a subsidiary scheme. In subsection (1) — unaffected provisions means— the lot entitlement schedules in scheme A’s community management statement; and the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A. The community management statement for the principal scheme in a layered arrangement of community titles schemes prevails over the provisions (other than the lot entitlement schedules and the provisions prescribed under subsection (2) (b) ) of the community management statement for each other community titles scheme forming part of the layered arrangement. s 58 prev s 58 om 2003 No. 6 s 25 pres s 58 amd 2007 No. 11 s 3 sch (sec.58-ssec.1) If a community titles scheme ( scheme A ) is a subsidiary scheme, scheme A’s community management statement (other than the unaffected provisions) has effect subject to the community management statement for each community titles scheme for which scheme A is a subsidiary scheme. (sec.58-ssec.2) In subsection (1) — unaffected provisions means— the lot entitlement schedules in scheme A’s community management statement; and the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A. The community management statement for the principal scheme in a layered arrangement of community titles schemes prevails over the provisions (other than the lot entitlement schedules and the provisions prescribed under subsection (2) (b) ) of the community management statement for each other community titles scheme forming part of the layered arrangement.
- (a) the lot entitlement schedules in scheme A’s community management statement; and
- (b) the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A.