Friday, October 2, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 9
Division 3
Section 376

Application of div 3 | Section 376

(1)This division applies to each of the following (each a pre-commencement adjustment action)—

(a)a motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that—

(i)was made before the commencement; and

(ii)has not been passed by the body corporate at the commencement;

(b)a resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that—

(i)was made before the commencement; and

(ii)has not been given effect at the commencement;

(c)an application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement;

(d)a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that—

(i)was made before the commencement; and

(ii)has not been given effect at the commencement;

(e)an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement;

(f)a decision of an appeal entity to adjust the contribution schedule for a community titles scheme that—

(i)was made before the commencement; and

(ii)has not been given effect at the commencement.

(2)For subsection (1)(a), a motion submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme on the basis of either of the following is not a pre-commencement adjustment action—

(a)the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme;

(b)another principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle.

Note—

See section 47A for the adjustments of contribution schedule lot entitlements for the lots included in a community titles scheme that may be made by the body corporate by resolution without dissent.

(3)For subsection (1)(b), (d) and (f), a body corporate’s resolution, or a specialist adjudicator’s, QCAT’s or appeal entity’s decision, to adjust the contribution schedule for a community titles scheme has not been given effect if a new community management statement incorporating the adjustment has not been recorded.

(4)In this section—

appeal entity means a court or tribunal having jurisdiction to hear and decide an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme.

© 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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