Saturday, November 28, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 6
Section 62

Body corporate to consent to recording of new statement | Section 62

(1)This section provides for the form of the consent of the body corporate for a community titles scheme to the recording of a new community management statement for the scheme in the place of the existing statement for the scheme.

(2)The consent must be in the form of a resolution without dissent.

(3)However, the consent may be in the form of a special resolution if the difference between the existing statement and the new statement is limited to the following—

(a)differences in the by-laws (other than a difference in exclusive use by-laws);

(b)the identification of a different regulation module to apply to the scheme.

(4)The consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the new statement is different from the existing statement only to the extent necessary for 1 or more of the following—

(a)compliance with a provision of this Act under which the body corporate is required to lodge a request to record a new statement for a purpose stated in the provision;

(b)compliance with the order of an adjudicator, the District Court or QCAT made under this Act for the lodging of a request for the recording of the new statement;

(c)changing the community titles scheme to give effect to an approved reinstatement process;

(d)changing the community titles scheme to reflect a formal acquisition affecting the scheme;

(e)recording the details of allocations of common property or body corporate assets made under an exclusive use by-law;

(f)implementation of development proposed under the existing statement or under the provisions of a community management statement to which the existing statement is subject;

(g)showing the location of a service easement for the community titles scheme by including a services location diagram;

(h)amalgamating or subdividing lots included in the community titles scheme;

(i)reproducing the existing statement without any change of substance.

(5)However, subsection (4)(h) applies only if the associated plan of subdivision—

(a)does not affect the common property; and

(b)does not change—

(i)the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or

(ii)the total of the contribution schedule lot entitlements for the lots included in the scheme; or

(iii)the total of the interest schedule lot entitlements for the lots included in the scheme.

(6)Also, the consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the consent is required to be endorsed under section 57.

(7)A consent to which subsection (4) or (6) applies must be given by ordinary resolution if, under the regulation module applying to the scheme—

(a)consenting to the recording of a new community management statement is a restricted issue for the body corporate’s committee; or

(b)the body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for the body corporate.

(8)In this section—

associated plan of subdivision, for a proposed new community management statement, means the plan of subdivision proposed to be lodged with the request to record the statement.

© 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.

didn't find what you are looking for?

Try searching for It

Hello!

Drop us a message!