Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 1
Division 6
Section 344

Body corporate contracts | Section 344

(1)The exempted provisions for a body corporate contract for a community titles scheme do not apply to the contract if the contract was entered into before the notification day.

(2)Also, the exempted provisions do not apply to the contract if—

(a)the contract was entered into on or after notification day; and

(b)the original owner disclosed an intention for the body corporate to enter into the body corporate contract (whether or not the contractor was identified) in a statement given under the 1980 Act, section 49(1) to each buyer under a purchase agreement with the original owner; and

(c)when the statement was given, the buyer was not a person who would have been, had this Act been in force, an associate of the original owner; and

(d)the purchase agreement was for the purchase of a lot (whether or not a proposed lot)—

(i)that on the commencement, becomes a lot included in the scheme; or

(ii)that becomes a lot included in the scheme immediately after the registration of a future 1980 Act plan; and

(e)the purchase agreement was entered into before notification day; and

(f)the body corporate contract took effect before the commencement, or takes effect within 1 year after the commencement.

(3)The exempted provisions (other than a term limitation provision) for a body corporate contract for a community titles scheme do not apply to the contract if—

(a)the contract was entered into by the body corporate on or after notification day but before the commencement; and

(b)subsection (2) does not apply to the contract.

(4)If subsection (1), (2) or (3) applies to a body corporate contract for a community titles scheme (the original contract) to disapply exempted provisions for the original contract, the subsection (the relevant subsection) also applies to—

(a)the original contract if it was transferred before the commencement or is transferred after the commencement; or

(b)the original contract if it was amended before the commencement, or is amended after the commencement, other than to extend its term; or

(c)if the original contract was amended before the notification day—a new body corporate contract entered into after the notification day, whether before or after the commencement, on the basis of the amendment, but only if the term of the new contract runs from the expiry of the term of—

(i)the original contract; or

(ii)a contract entered into because of a right or option for 1 or more renewals already provided for in the original contract before the original contract was amended; or

(d)until 14 July 2022—a new contract entered into because of a right or option for 1 or more renewals contained in the original contract, whether or not the right or option allowed the new contract to contain a similar right or option.

(5)However, if the new body corporate contract mentioned in subsection (4)(d) is entered into on the basis of an amendment of the original contract made after the notification day—

(a)to the extent the new contract is, or is in the nature of, the engagement of a person as a body corporate manager for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i)the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a body corporate manager;

(ii)the term mentioned in the new contract; and

(b)to the extent the new contract is, or is in the nature of, the engagement of a person as a service contractor for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i)the maximum term provided for in the regulation module applying to the scheme for the engagement of a person as a service contractor;

(ii)the term mentioned in the new contract; and

(c)to the extent the new contract is, or is in the nature of, the authorisation of a person as a letting agent for the scheme—the relevant subsection applies to the new contract only until the end, for the new contract, of the shorter of the following terms—

(i)the maximum term provided for in the regulation module applying to the scheme for the authorisation of a person as a letting agent;

(ii)the term mentioned in the new contract.

© 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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