Tuesday, September 22, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 10
Division 3
Section 406

Order of specialist adjudicator or QCAT | Section 406

(1)In deciding an application under section 405, the specialist adjudicator or QCAT must have regard to the following—

(a)the decided entitlements for the scheme;

(b)what modification, if any, to the decided entitlements for the scheme is required under subdivision 5.

(2)Subsection (3) applies if, on an application under section 405, the specialist adjudicator or QCAT—

(a)decides that the changed entitlements decided by the committee or the body corporate under section 403 or 404 do not reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5; and

(b)orders an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements, as modified, if applicable, under subdivision 5.

(3)Within 90 days after the specialist adjudicator or QCAT makes an order mentioned in subsection (2), the body corporate must lodge a request to record a new community management statement incorporating the adjustment.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(4)Subsection (5) applies if—

(a)on an application under section 405, the specialist adjudicator or QCAT makes an order that the changed entitlements decided by the committee or the body corporate under section 403 or 404 reflect the decided entitlements for the lots included in the scheme, as modified, if applicable, under subdivision 5; and

(b)when the specialist adjudicator or QCAT makes the order, the body corporate has not yet lodged a request under section 403(4) or 404(5) for a new community management statement incorporating the changed entitlements.

(5)Within 90 days after the specialist adjudicator or QCAT makes the order, the body corporate must lodge a request for a new community management statement incorporating the changed entitlements.

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

© 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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