Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 10
Division 2
Section 85

Approval for amalgamations | Section 85

(1)Scheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to—

(a)the amalgamation; and

(b)the community management statement to be recorded for scheme C.

(2)If scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution.

(3)Alternatively, scheme A and scheme B may be amalgamated 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 to amalgamate the schemes, and makes an order for amalgamating them.

(4)If schemes A and B are, or are to be, amalgamated under subsection (1) or (3), 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 statement for scheme C; or

(b)the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.

(5)The court may make an order under subsection (4) 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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