Tuesday, September 22, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 3
Division 2
Section 163

Power to enter lot | Section 163

(1)A person (an authorised person) authorised by the body corporate for a community titles scheme may enter a lot included in the scheme, or common property the subject of an exclusive use by-law, and remain on the lot or common property while it is reasonably necessary—

(a)to inspect the lot or common property and find out whether work the body corporate is authorised or required to carry out is necessary; or

(b)to carry out work the body corporate is authorised or required to carry out.

(2)The power of entry may be exercised—

(a)in an emergency—at any time, with or without notice of intended entry given to any person; and

(b)in other cases, subject to subsection (4)—

(i)for entry to the lot mentioned in subsection (1)—at a reasonable time after at least 7 days written notice of the intended entry has been given to—

(A)the owner of the lot; or

(B)if the owner is not in occupation of the lot—the occupier of the lot; and

(ii)for entry to the common property mentioned in subsection (1)—at a reasonable time after at least 7 days written notice of the intended entry has been given to—

(A)the owner of the lot to which the exclusive use by-law attaches; or

(B)if the owner of the lot mentioned in subsubparagraph (A) is not in occupation of the common property—the occupier of the common property; and

(iii)in compliance with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.

(3)If the scheme is other than a basic scheme, the power of entry to a lot or common property the subject of an exclusive use by-law conferred under this section includes power to enter the scheme land for a community titles scheme (the subsidiary scheme) that is a lot included in the scheme.

(4)If subsection (3) applies, the power to enter the scheme land for the subsidiary scheme may be exercised at a reasonable time after at least 7 days written notice of intended entry has been given to—

(a)the body corporate for the subsidiary scheme; and

(b)if scheme land to be entered is a lot that is not itself a community titles scheme—

(i)the owner of the lot; or

(ii)if the owner is not in occupation of the lot—the occupier of the lot; and

(c)if scheme land to be entered is common property the subject of an exclusive use by-law for the subsidiary scheme—

(i)the owner of the lot to which the exclusive use by-law attaches; or

(ii)if the owner of the lot mentioned in subparagraph (i) is not in occupation of the common property—the occupier of the common property.

(5)A person must not obstruct an authorised person who is exercising or attempting to exercise powers under this section.

Maximum penalty for subsection (5)—20 penalty units.

© 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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