Wednesday, September 30, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 4
Section 183C

Continuing contravention notice | Section 183C

(1)This section applies to a specified two-lot scheme if an owner of a lot included in the scheme (the complainant) reasonably believes that—

(a)a person (the person) who is the owner or occupier of a lot included in the scheme is contravening a provision of the by-laws for the scheme; and

(b)the circumstances of the contravention make it likely that the contravention will continue.

(2)The complainant may, by notice (a continuing contravention notice) given to the person, require the person to remedy the contravention.

(3)A complainant who gives a continuing contravention notice under subsection (2) must when, or as soon as practicable after, the notice is given to the person, also—

(a)give a copy of the notice to the body corporate; and

(b)if the notice is given to a person who is not the owner of a lot included in the scheme, give a copy of the notice to the owner of the lot.

(4)If the continuing contravention notice is given following a request under section 185(3)(b)(i), the complainant must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.

(5)The continuing contravention notice must state—

(a)that the complainant believes the person is contravening a provision of the by-laws; and

(b)the provision the complainant believes is being contravened; and

(c)details sufficient to identify the contravention; and

(d)the period (which must be reasonable in the circumstances) within which the person must remedy the contravention; and

(e)that if the person does not comply with the notice the complainant may, without further notice—

(i)start proceedings in the Magistrates Court for the failure to comply with the notice; or

(ii)make an application under chapter 6 for resolution of the dispute.

(6)The person must comply with the continuing contravention notice.

Maximum penalty—20 penalty units.

(7)However, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1)(a) in the way detailed for subsection (5)(c).

© 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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