Friday, October 30, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 2
Section 178

Review of exclusive use by-law | Section 178

(1)This section applies if—

(a)an exclusive use by-law is in force for a community titles scheme; and

(b)the owner of the lot to which the exclusive use by-law attaches stops being a body corporate manager, service contractor or letting agent for the scheme; and

(c)the exclusive use by-law is not for the continuing engagement or authorisation of the lot owner as a body corporate manager, service contractor or letting agent for the scheme; and

(d)there is a dispute about whether the exclusive use by-law should continue in force.

(2)The body corporate for the scheme may apply—

(a)under chapter 6, for an order of a specialist adjudicator to resolve the dispute; or

(b)as provided under the QCAT Act, for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.

(3)The order must have regard especially to the interests of all owners of lots included in the scheme in the use and enjoyment of their lots and of the common property for the scheme.

(4)The order may include provision for either or both of the following—

(a)the lodging of a request for the recording of a new community management statement for the scheme, omitting the exclusive use by-law;

(b)the payment by the body corporate of compensation to the owner of the lot to which the exclusive use by-law attaches.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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