Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 4
Section 186

Dispensing with preliminary procedures | Section 186

(1)A body corporate involved in a dispute of a kind mentioned in section 184(1) may make an application under chapter 6, without complying with section 184(2), if—

(a)the requirement mentioned in subsection (3) is satisfied; or

(b)the dispute is incidental to an application by the body corporate for an order under section 281(1)(a) or (b).

(2)The owner or occupier of a lot involved, as a complainant, in a dispute of a kind mentioned in section 185(1) may make an application under chapter 6, without complying with section 185(2) or (3), if—

(a)the requirement mentioned in subsection (3) is satisfied; or

(b)the dispute is incidental to an application by the complainant for an order under section 281(1)(a) or (b).

(3)For subsection (1)(a) or (2)(a), the requirement is that—

(a)the body corporate, owner or occupier (the initiating party) reasonably believes—

(i)special circumstances apply for the contravention that is believed by the initiating party to have taken place and is the subject of the dispute; and

(ii)because of the special circumstances, it is necessary for the dispute to be resolved urgently; and

(b)the application is for an interim order of an adjudicator.

(4)For subsection (3), special circumstances apply for a contravention if the contravention—

(a)is likely to cause—

(i)injury to persons; or

(ii)serious damage to property; or

(b)is a risk to the health or safety of persons; or

(c)is causing a serious nuisance to persons; or

(d)for another reason, gives rise to an emergency.

© 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!