Friday, September 25, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 9
Division 4
Section 385

Body corporate committee to deal with motion if motion submitted to it | Section 385

(1)This section applies if a motion under section 379 is submitted to the committee for the body corporate for an existing scheme.

(2)The committee must, within 2 months after receiving the motion—

(a)identify the pre-adjustment order entitlements for the existing scheme; and

(b)give written notice to each owner of a lot included in the scheme—

(i)stating that a motion has been submitted to the committee under section 379 proposing the adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to sections 381 to 384; and

(ii)stating the committee’s proposed adjustment of the contribution schedule for the scheme; and

(iii)inviting the owner to make submissions in relation to what (if any) changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384, within a stated period (the submission period) of at least 28 days after receiving the notice.

(3)If section 381 applies to the existing scheme, the committee must obtain a valuation by a registered valuer stating the respective market values of the lots, and attach a copy of the valuation to each notice given under subsection (2)(b).

(4)The committee must, after having regard to any submissions made by an owner of a lot within the submission period, decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.

(5)The committee must, within 7 days after it makes its decision under subsection (4), give each owner of a lot included in the existing scheme written notice of the committee’s decision.

(6)The body corporate must, within 3 months after the committee makes its decision under subsection (4), lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—

(a)if the committee decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or

(b)if the committee decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements subject to the changes under sections 381 to 384 decided by the committee.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.

(7)Subsection (6)—

(a)applies despite section 47A; but

(b)does not apply if—

(i)an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (8); and

(ii)a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (6); and

(iii)the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (6).

(8)An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the committee’s decision under subsection (5), apply—

(a)under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; 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 for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.

© 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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