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.