Monday, September 28, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 5
Section 47AC

Order of specialist adjudicator or QCAT on application under s 47AA | Section 47AC

(1)This section applies if, on an application under section 47AA(3), the specialist adjudicator or QCAT makes an order that the changed entitlements are not consistent with the relevant principle.

(2)The body corporate must not lodge a request under section 47A(5).

(3)Subsection (4) applies if the body corporate lodged a request (the original request) under section 47A(5) before the specialist adjudicator or QCAT made the order.

(4)The body corporate must, as quickly as practicable after the specialist adjudicator or QCAT makes the order, lodge a request to record a new community management statement for the scheme that incorporates the contribution schedule lot entitlements that applied to the lots included in the scheme immediately before the body corporate passed the resolution under section 47A.

Maximum penalty—100 penalty units.

(5)However, the body corporate need not lodge a request under subsection (4) if—

(a)the community management statement mentioned in the original request has not been recorded when the specialist adjudicator or QCAT makes the order; and

(b)after the specialist adjudicator or QCAT makes the order, the body corporate is able to withdraw the original request; and

(c)as a result of the body corporate withdrawing the original request, the community management statement mentioned in the original request is not recorded.

© 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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