Saturday, September 26, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 10
Division 3
Section 414

Lodgement of request to record new community management statement | Section 414

(1)This section applies if, under this division, a body corporate is required to lodge a request to record a new community management statement (the new statement) incorporating a change to the contribution schedule lot entitlements for the lots included in the scheme.

(2)If the difference between the new statement and the existing community management statement for the scheme is limited to changes made or ordered under this division—

(a)section 54(2) does not apply to the new statement; and

(b)despite section 60(1), the new statement may be recorded for the scheme without the endorsement on the statement of a community management statement notation of each relevant planning body for the scheme; and

(c)the body corporate must, within 14 days after the new statement is recorded, give a copy of the new statement to each relevant planning body for the scheme.

(3)If the body corporate does not lodge a request as required under this division, an owner of a lot included in the scheme may apply to QCAT for an order requiring the body corporate to lodge the request within a stated period.

Note—

The QCAT Act provides for the consequences of contravening an order of QCAT. See the following provisions of that Act—

section 132 (which provides for enforcing non-monetary decisions of QCAT in a court)

section 213 (which creates an offence for contravening a decision of QCAT)

section 218 (which provides that contravening a decision of QCAT may constitute contempt of the tribunal).

© 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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