Tuesday, September 29, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 6
Section 57

Other matters about new statements for schemes developed progressively | Section 57

(1)This section applies—

(a)only to a community titles scheme intended to be developed progressively; and

Examples for paragraph (a)—

1the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme

2the excision of a lot from, or the addition of a lot to, scheme land

(b)if the circumstances stated in subsection (2) or (3) also apply to the scheme.

(2)For subsection (1)(b), the circumstances are—

(a)a new plan of subdivision proposed to be lodged for the scheme—

(i)is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or

(ii)is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and

(b)the difference between the existing statement and a new community management statement required under section 56(1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will—

(i)be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act; and

(ii)contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.

(3)Alternatively, for subsection (1)(b), the circumstances are that a new plan of subdivision proposed to be lodged for the development is inconsistent with the existing community management statement for the scheme because the plan changes the scheme in a way that affects the nature of the development or 1 or more stages of the development.

Examples of changes affecting the nature of a development for subsection (3)—

1A development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes.

2A stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes.

(4)For subsection (2)(a)(ii), the development of a stage is done out of order if it is not consistent with the order of the development of the stages stated in a development approval or the existing community management statement for the scheme.

(5)The developer must—

(a)prepare the new community management statement required under section 56(1) for the scheme; and

(b)give the new statement to the body corporate.

(6)The body corporate must, within 30 days after receiving the new statement, endorse its consent on the statement.

Maximum penalty—50 penalty units.

(7)However, if this section applies because of the circumstances stated in subsection (3), the body corporate is not required to endorse its consent on the statement unless—

(a)the developer has—

(i)given the body corporate a notice as required under section 29(2)(a); and

(ii)obtained development approval for the changed scheme; and

(b)the new community management statement is consistent with each development approval for the changed scheme; and

(c)the local government or MEDQ has, under section 60, endorsed a community management statement notation on the new community management statement.

(8)The developer must, within 30 days after receiving the endorsed statement, lodge a request to record the statement.

Maximum penalty for subsection (8)—300 penalty units.

(9)Within 14 days after the new statement is recorded, the developer must give to the body corporate—

(a)a copy of the new statement; and

(b)evidence of its recording.

Maximum penalty for subsection (9)—300 penalty units.

(10)The developer is responsible for the costs of preparing and recording the new 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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