Wednesday, September 30, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 5
Section 47AA

Dispute about resolution under s 47A | Section 47AA

(1)This section applies if a body corporate for a community titles scheme (the scheme) considers a motion under section 47A to change the contribution schedule lot entitlements for the lots included in the scheme.

(2)If the body corporate passes the motion by resolution without dissent (the resolution) under section 47A, an owner of a lot included in the scheme may apply under subsection (3) if the owner—

(a)was the owner of a lot included in the scheme when the body corporate passed the resolution; and

(b)believes that the contribution schedule lot entitlements as changed by the resolution (the changed entitlements) are not consistent with whichever of the principles (the relevant principle) mentioned in section 47A(3)(a) or (b) was used as the basis for the change.

(3)The owner may apply—

(a)under chapter 6 for an order of a specialist adjudicator that the changed entitlements are not consistent with the relevant principle; or

(b)as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, that the changed entitlements are not consistent with the relevant principle.

(4)Except as provided in subsection (3) and section 47AC

(a)an owner of a lot included in the scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about the changed entitlements; and

(b)QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine a dispute about the changed entitlements.

(5)Without limiting subsection (4), a department adjudicator or a specialist adjudicator under chapter 6 has no jurisdiction to determine a dispute about whether or not a body corporate acted reasonably under section 94(2) in deciding to pass, or not to pass, a resolution under section 47A.

© 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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