Body Corporate and Community Management Act 1997
sec.88Effects of amalgamation of community titles schemes
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sec.88 Effects of amalgamation of community titles schemes
When schemes A and B are amalgamated— a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and anything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following— an application under the dispute resolution provisions; an order of an adjudicator or court relating to a lot or common property; liabilities and obligations attaching to the owner of each lot. If, immediately before their amalgamation, schemes A and B were lots included in another community titles scheme, scheme C becomes, on the amalgamation of schemes A and B, a lot included in the other scheme. s 88 amd 2003 No. 6 s 3 sch (sec.88-ssec.1) When schemes A and B are amalgamated— a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and anything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following— an application under the dispute resolution provisions; an order of an adjudicator or court relating to a lot or common property; liabilities and obligations attaching to the owner of each lot. (sec.88-ssec.2) If, immediately before their amalgamation, schemes A and B were lots included in another community titles scheme, scheme C becomes, on the amalgamation of schemes A and B, a lot included in the other scheme.
- (a) a liability for a charge, levy, rate or tax that had accrued on a lot included in scheme A or B before schemes A and B ceased to exist as community titles schemes is not affected; and
- (b) anything done in relation to scheme A or B before the amalgamation continues in effect to the extent that there is no inconsistency with the community management statement recorded for scheme C, including, for example, the following— (i) an application under the dispute resolution provisions; (ii) an order of an adjudicator or court relating to a lot or common property; (iii) liabilities and obligations attaching to the owner of each lot.
- (i) an application under the dispute resolution provisions;
- (ii) an order of an adjudicator or court relating to a lot or common property;
- (iii) liabilities and obligations attaching to the owner of each lot.
- (i) an application under the dispute resolution provisions;
- (ii) an order of an adjudicator or court relating to a lot or common property;