Thursday, October 1, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 2
Section 175

Notifying allocations | Section 175

(1)The body corporate must lodge a request to record a new community management statement (the first subsequent statement) showing—

(a)all authorised allocations made in the base allocation period; and

(b)all authorised and agreed allocations currently in place when the body corporate consented to the recording of the first subsequent statement.

(2)Also, if an extended allocation period applies for an authorised allocation, the body corporate must lodge a request to record a new community management statement (the second subsequent statement) showing—

(a)all authorised allocations made between the end of the base allocation period and the end of the extended allocation period; and

(b)all authorised and agreed allocations currently in place when the body corporate consented to the recording of the second subsequent statement.

(3)The request to record the first subsequent statement must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the base allocation period.

(4)If the body corporate is required to lodge a request to record a second subsequent statement, the request must be lodged within 3 months, or a longer time stated in an order of an adjudicator under the dispute resolution provisions, after the end of the extended allocation period.

(5)If the body corporate fails to lodge the request to record the first subsequent statement as required under this section, all authorised and agreed allocations made in the base allocation period cease to have effect.

(6)If the body corporate fails to lodge a request to record a second subsequent statement as required under this section, all authorised and agreed allocations made between the end of the base allocation period and the end of the extended allocation period cease to have effect.

(7)An order mentioned in subsection (3) or (4) relating to an authorised allocation may be sought or made before or after the 3 months mentioned in the subsection end and, if the order is made after the 3 months end, the allocation is taken to have remained in effect despite the 3 months having ended.

© 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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