Sunday, October 25, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 1
Division 5
Section 337

Community management statement | Section 337

(1)On its establishment, the new scheme is taken to have a community management statement (the interim statement).

(2)The interim statement is taken—

(a)to state—

(i)the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and

(ii)the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar’; and

(b)to state as the address for service of the body corporate the address at which documents may be served on the body corporate, as endorsed on the 1980 Act plan; and

(c)to state as the name of the original owner for the new scheme, and to state, as the address for service of the original owner, the original proprietor’s name and address for service (if any) under the 1980 Act; and

(d)to identify as the regulation module applying to the new scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and

(e)to include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(f)to include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(g)if the scheme is established for an existing 1980 plan—

(i)to include by-laws that are identical to the by-laws that, immediately before the commencement, were the by-laws in force for the plan; and

(ii)to show allocations of common property, including variations and transpositions of common property, that, immediately before the commencement, were in force under the by-laws for the plan; and

(h)if the scheme is established for a future 1980 Act plan—not to include any by-laws.

(3)The interim statement is the community management statement for the new scheme until—

(a)under provisions of this Act for the recording of a new community management statement, a new community management statement is recorded for the scheme; or

(b)if a new community management statement is not recorded—the end of 3 years after the commencement.

(4)Despite subsection (3)—

(a)an amendment of, addition to or repeal of by-laws in force for an existing 1980 Act plan agreed to by special resolution under the 1980 Act on or after 13 April 1997 but before the commencement may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the amendment, addition or repeal; and

(b)a notification of an allocation, including a variation or transposition, of identified common property happening before the commencement under a by-law for an existing 1980 Act plan may, if deposited for recording within 18 months after the commencement, be recorded under the 1980 Act, and the interim statement is taken to be amended to reflect the allocation, variation or transposition.

(5)A new community management statement may be recorded under subsection (3)(a) for a new scheme mentioned in subsection (2)(g) even though the statement does not include any by-laws.

(6)If subsection (5) applies—

(a)the by-laws for the new scheme are taken to be the by-laws that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the by-laws in force for the scheme immediately before the new statement is recorded; and

(b)allocations of identified common property for the new scheme are taken to be the allocations that, under subsection (2)(g) and, if applicable, subsection (4), are, subject to further amendment under subsection (4), the allocations, including variations and transpositions, in force for the scheme immediately before the new statement is recorded.

© 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!