Friday, September 25, 2020

Body Corporate And Community Management Act 1997

Chapter 7
Part 2
Section 309

Associates | Section 309

(1)For this Act, a person is associated with someone else if—

(a)a relationship of a type to which this section applies exists between them; or

(b)a series of relationships of a type to which this section applies can be traced between them through another person or other persons.

(2)This section applies to relationships of the following types—

(a)marriage, de facto relationship or civil partnership;

(b)the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;

(c)partnership;

(d)the relationship of employer and employee;

(e)a fiduciary relationship;

(f)the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;

(g)the relationship of a corporation and executive officer of the corporation;

(h)the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.

(3)Despite subsection (2)(e) and (f), the owner of a lot in a community titles scheme and a letting agent for the scheme are not associated merely because of their relationship as owner and letting agent.

(4)In subsection (2)—

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

© 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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