Friday, October 30, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 5
Section 251

Preparation for making a dispute resolution recommendation | Section 251

(1)Before deciding on a dispute resolution recommendation for an application, or dismissing an application, the commissioner may seek the views of each interested person, to the extent the commissioner considers appropriate.

(2)Also, before deciding on a dispute resolution recommendation for the application, or dismissing the application, the commissioner may do all or any of the following—

(a)require an interested person to obtain, and give to the commissioner, a report or other information;

Example—

an engineering report

(b)interview persons the commissioner considers may be able to help in resolving issues raised by the application;

(c)inspect, or enter and inspect—

(i)a body corporate asset or record or other document of the body corporate; or

(ii)common property (including common property the subject of an exclusive use by-law); or

(iii)a lot included in the scheme.

(3)Action the commissioner takes under subsections (1) and (2) must be for the purpose only of deciding—

(a)on the dispute resolution recommendation the commissioner considers to be most likely to promote a quick and efficient resolution for the application; or

(b)whether to dismiss the application.

(4)If a place to be entered under subsection (2)(c) is occupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the occupier of the time when the commissioner wishes to enter the place.

(5)If a place to be entered under subsection (2)(c) is unoccupied, the commissioner may enter only with the owner’s consent and, in seeking the consent, must give reasonable notice to the owner of the time when the commissioner wishes to enter the place.

(6)The body corporate or someone else who has access to the body corporate’s records must, if asked by the commissioner and without payment of a fee, do either or both of the following—

(a)allow the commissioner access to the records within 24 hours after the request is made;

(b)give the commissioner copies of the records or allow the commissioner to make the copies.

Maximum penalty—20 penalty units.

(7)A person who fails to comply with a requirement under subsection (2)(a), or obstructs the commissioner in exercising a power under this section, commits an offence unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(8)It is a reasonable excuse for a person not to comply with a requirement mentioned in subsection (7) to give information or a document, if giving the information or document might tend to incriminate the person.

(9)In this section—

interested person means—

(a)a party to the application; or

(b)an affected person; or

(c)the body corporate.

© 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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