Thursday, December 3, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 4
Division 1
Section 239

How to make an application | Section 239

(1)An application must be—

(a)made in the approved form; and

(b)given to the commissioner; and

(c)accompanied by the fee prescribed under a regulation, to the extent the fee is not waived under subsection (3) or (4).

(2)If the application is for an outcome affecting owners or occupiers of lots included in the scheme generally, or a particular class of the owners or occupiers, the application may identify the affected persons as the owners or occupiers generally, or by reference to the class, instead of stating the persons’ names and addresses.

(3)The commissioner may waive payment of the fee mentioned in subsection (1)(c) if the commissioner is satisfied payment of the fee would cause the applicant financial hardship.

(4)Also, the commissioner may waive the fee mentioned in subsection (1)(c)—

(a)for a conciliation application—if the commissioner rejected the applicant’s adjudication application for the same dispute under section 241(1)(c)(ii); or

(b)for an adjudication application—if the commissioner rejected the applicant’s conciliation application for the same dispute under section 241(1)(b).

© 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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