Tuesday, September 29, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 9
Division 4
Section 378

Definitions for div 4 | Section 378

In this division—

adjustment order

(a)means an order of a court, tribunal or specialist adjudicator, made before the commencement, providing for an adjustment of the contribution schedule for an existing scheme; but

(b)does not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal).

Examples for paragraph (b)—

an order of a court or tribunal giving effect to the terms of the settlement of a dispute between an owner of a lot included in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme

a written agreement that—

(a)is between an owner of a lot included in an existing scheme and the body corporate; and

(b)provides for the adjustment of the contribution schedule for the scheme; and

(c)is filed in the registry of a court or tribunal and is enforceable as an order of the court or tribunal

changed entitlements, for an existing scheme, means the contribution schedule lot entitlements for the scheme after a new community management statement is recorded for the scheme because a relevant decision is made in relation to the scheme.

existing scheme means a community titles scheme established before the commencement.

pre-adjustment order entitlements, for an existing scheme to which an adjustment order applies, means—

(a)if the adjustment order is the only adjustment order applying to the scheme—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the order was made; or

(b)otherwise—the contribution schedule lot entitlements for the lots included in the scheme as they were immediately before the first adjustment order applying to the scheme was made.

relevant decision means—

(a)a decision of the committee for the body corporate for an existing scheme under section 385(4); or

(b)a decision of the body corporate for an existing scheme under section 387(2); or

(c)an order of a specialist adjudicator or QCAT under section 388.

© 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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