Wednesday, December 2, 2020

Body Corporate And Community Management Act 1997

Chapter 3
Part 5
Division 4
Section 185

Preliminary procedure for application by owner and occupier for resolution of dispute | Section 185

(1)This section applies if—

(a)a dispute exists between the owner or occupier of a lot included in a community titles scheme (the complainant) and the owner or occupier of another lot included in the scheme (the accused person); and

(b)the dispute arises because the complainant reasonably believes that—

(i)the accused person has contravened a provision of the by-laws for the scheme; and

(ii)the circumstances of the contravention make it likely the contravention will continue or be repeated.

(2)For a complainant who is the owner or occupier of a lot included in a community titles scheme other than a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—

(a)the complainant has, in the approved form, asked the body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and

(b)the body corporate does not advise the complainant, as required under section 182(3) or 183(3), that the contravention notice has been given to the accused person.

(3)For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—

(a)if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or

(b)if the complainant is an occupier of a lot included in the scheme—

(i)the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and

(ii)the lot owner does not advise the complainant, as required under section 183C(4) or 183D(4), that the contravention notice has been given to the accused person.

(4)This section is subject to section 186.

© 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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