Sunday, September 27, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 10
Division 3
Section 405

Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404 | Section 405

(1)This section applies if—

(a)the committee for a body corporate or the body corporate makes a decision under section 403 or 404; and

(b)an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.

(2)Within 60 days after the committee or the body corporate makes its decision under section 403 or 404, the owner may apply—

(a)under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme, to reflect the decided entitlements as modified, if applicable, under subdivision 5; or

(b)as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.

(3)Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.

Note—

The body corporate must be given notice of the application under—

(a)for an application to a specialist adjudicator under chapter 6section 243; or

(b)for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37.

(4)However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—

(a)at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and

(b)each party to the application is responsible for the party’s own costs of the application; and

(c)an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.

(5)Except as provided in this section and section 406

(a)an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404; and

(b)QCAT, a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 403 or 404, including any application about whether the body corporate acted reasonably under section 94(2).

© 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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