Friday, May 20, 2022

Body Corporate And Community Management Act 1997

Chapter 2
Part 3
Division 1
Section 38

Creating common property by subdivision (no new scheme) | Section 38

(1)This section applies if—

(a)a lot included in a community titles scheme (scheme A) is subdivided by a plan of subdivision; and

(b)the lots created under the plan of subdivision become lots in scheme A.

(2)Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.

(3)However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to

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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