Sunday, September 27, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 9
Division 3
Section 276

Orders of adjudicators | Section 276

(1)An adjudicator to whom the application is referred may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about—

(a)a claimed or anticipated contravention of this Act or the community management statement; or

(b)the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or

(c)a claimed or anticipated contractual matter about—

(i)the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii)the authorisation of a person as a letting agent for a community titles scheme.

(2)An order may require a person to act, or prohibit a person from acting, in a way stated in the order.

(3)Without limiting subsections (1) and (2), the adjudicator may make an order mentioned in schedule 5.

(4)An order appointing an administrator—

(a)may be the only order the adjudicator makes for an application; or

(b)may be made to assist the enforcement of another order made for the application.

(5)If the adjudicator makes a consent order, the order—

(a)may include only matters that may be dealt with under this Act; and

(b)must not include matters that are inconsistent with this Act or another Act.

© 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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