Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 2
Section 174

Making allocations | Section 174

(1)An authorised or agreed allocation has no effect unless details of the allocation are given to the body corporate.

(2)Also, an authorised allocation has no effect unless—

(a)if paragraph (b) does not apply for the allocation—the allocation is made in the period (the base allocation period) ending 1 year after the recording of the relevant community management statement; or

(b)if a period (the extended allocation period) for making the allocation is stated in an order of an adjudicator under the dispute resolution provisions—the allocation is made in the extended allocation period.

(3)An order mentioned in subsection (2)(b)—

(a)may only state a period ending later than 1 year, and not later than 2 years, after the recording of the relevant community management statement; and

(b)may be sought or made before or after the base allocation period ends.

(4)If an order mentioned in subsection (2)(b) is made about an authorised allocation after the base allocation period ends, the base allocation period is taken never to have applied to the allocation for subsection (2).

(5)In this section—

relevant community management statement, for an authorised allocation, means—

(a)the community management statement that first includes the exclusive use by-law; or

(b)for a community titles scheme that is to be progressively developed—the new community management statement that replaces the existing community management statement.

© 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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