Tuesday, September 29, 2020

Body Corporate And Community Management Act 1997

Incomplete adjustment matter | Schedule 5A

section 397, definition incomplete adjustment matter

 

Column 1

 

Column 2

 

Appeal, application, decision, motion or order

 

Condition or conditions

a motion submitted to the committee for a body corporate under section 379(2)(a)

the committee has not decided the motion

a motion submitted to a body corporate under section 379(2)(b)

the body corporate has not decided the motion

a decision of a committee for a body corporate under section 385(4)

1  the committee has decided (with or without changes under sections 381 to 384) to change the contribution schedule lot entitlements for the lots included in the scheme to the pre-adjustment order entitlements

2  the body corporate has not lodged a request under section 385(6) to record a new community management statement

a decision of a body corporate under section 387(2)

1  the body corporate has decided (with or without changes under sections 381 to 384) to change the contribution schedule lot entitlements for the lots included in the scheme to the pre-adjustment order entitlements

2  the body corporate has not lodged a request under section 387(4) to record a new community management statement

an application under section 385(8) or 387(6)

1  the body corporate has not lodged a request under section 385(6) or 387(4) to record a new community management statement

2  the specialist adjudicator or QCAT has not decided the application

an order under section 388(5) on an application made under section 385(8) or 387(6)

1  the body corporate has not lodged a request under section 385(6) or 387(4) to record a new community management statement

2  the specialist adjudicator or QCAT has, under section 388(5), ordered an adjustment of the contribution schedule

3  the body corporate has not lodged a request under section 388(8) to record a new community management statement

an appeal against an order made under section 388(5) by the specialist adjudicator or QCAT

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  the appeal entity has not decided the appeal

an order of an appeal entity on an appeal against an order made under section 388(5) by the specialist adjudicator or QCAT

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  the appeal entity has ordered an adjustment of the contribution schedule for the scheme

3  the body corporate has not yet lodged a request to record a new community management statement as ordered by the appeal entity

an application under section 389(4)

1  the body corporate has not lodged a request under chapter 8part 9division 4 to record a new community management statement

2  QCAT has not decided the application

an order of QCAT under section 389(4)

1  the body corporate has not lodged a request under chapter 8part 9division 4 to record a new community management statement

2  QCAT has ordered the body corporate to lodge a request to record a new community management statement within a stated period

3  the body corporate has not yet lodged a request to record a new community management statement as ordered by QCAT

an application under chapter 6 for resolution of a division 4 dispute

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  the dispute resolution process under chapter 6 has not been completed

a division 4 dispute decision

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  the decision of the department adjudicator or specialist adjudicator has not been carried out

an appeal to QCAT against a division 4 dispute decision

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  QCAT has not decided the appeal

a decision of QCAT on an appeal against a division 4 dispute decision

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  QCAT’s decision has not been carried out

a proceeding brought in a court or tribunal with relevant jurisdiction, for enforcement of a division 4 dispute decision

1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement

2  the proceeding is not finalised

© 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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