sec.122-oc.2Body corporate’s power to take proceedings as agent for lessee in case of structural defects

### sec.122-oc.2 Body corporate’s power to take proceedings as agent for lessee in case of structural defects Where— the condition of any lot in a parcel affects or is likely to affect the support or shelter provided by that lot for another lot in the same building or the common property; and the lessee of the lot in that condition has neglected or refused within a reasonable time to take any proceedings under the Queensland Building and Construction Commission Act 1991 or for the purpose of exercising any other right or enforcing any other remedy available to him or her to have that condition rectified; the body corporate may, as agent for the lessee of the lot in that condition but at its own expense, take any of the proceedings referred to in paragraph (b) . (amended) A person proposing to take proceedings under subsection (1) shall, before taking those proceedings, notify in writing the other person entitled to take the same proceedings and shall specify in the notice the circumstances that have given rise to that intention. (new) (sec.122-oc.2-ssec.1) Where— the condition of any lot in a parcel affects or is likely to affect the support or shelter provided by that lot for another lot in the same building or the common property; and the lessee of the lot in that condition has neglected or refused within a reasonable time to take any proceedings under the Queensland Building and Construction Commission Act 1991 or for the purpose of exercising any other right or enforcing any other remedy available to him or her to have that condition rectified; the body corporate may, as agent for the lessee of the lot in that condition but at its own expense, take any of the proceedings referred to in paragraph (b) . (amended) (sec.122-oc.2-ssec.2) A person proposing to take proceedings under subsection (1) shall, before taking those proceedings, notify in writing the other person entitled to take the same proceedings and shall specify in the notice the circumstances that have given rise to that intention. (new) - (a) the condition of any lot in a parcel affects or is likely to affect the support or shelter provided by that lot for another lot in the same building or the common property; and - (b) the lessee of the lot in that condition has neglected or refused within a reasonable time to take any proceedings under the Queensland Building and Construction Commission Act 1991 or for the purpose of exercising any other right or enforcing any other remedy available to him or her to have that condition rectified;