Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 11
Division 2
Section 91

Agreement or court order for creation of layered arrangement | Section 91

(1)Two or more basic schemes (scheme A and scheme B) may become a layered arrangement if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent—

(a)to become a layered arrangement (scheme C); and

(b)to the community management statement being recorded for scheme C; and

(c)if the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created—to new community management statements being recorded for schemes A and B.

(2)Alternatively, schemes A and B may become a layered arrangement if the District Court, on the application of the owner of a lot included in scheme A or scheme B or the body corporate for scheme A or scheme B, decides it is just and equitable for the schemes to become a layered arrangement (also scheme C), and makes an appropriate order.

(3)If schemes A and B are to become a layered arrangement under subsection (1) or (2), the District Court may make an order, if it considers it is just and equitable to make the order, about—

(a)the contents of the community management statements for each of schemes A, B and C; or

(b)the disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B.

(4)The court may make an order under subsection (3) on application by the body corporate for scheme A or B.

© 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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