Sunday, September 27, 2020

Body Corporate And Community Management Act 1997

Chapter 8
Part 1
Division 5
Section 339

Registrar to record standard statement | Section 339

(1)This section applies if an interim statement is still the community management statement for a new scheme at the end of 3 years after the commencement.

(2)The registrar must record a new community management statement (the standard statement) for the new scheme as soon as practicable after the end of the 3 years, and until the registrar records the standard statement, another community management statement may not be recorded for the scheme.

(3)If the registrar records a standard statement for the new scheme, the standard statement is taken to be the community management statement for the scheme immediately after the interim statement ceases to be the community management statement for the scheme.

(4)The standard statement must—

(a)state—

(i)the identifying name for the scheme as the name of the building or parcel endorsed on the 1980 Act plan; and

(ii)the name of the body corporate for the new scheme as ‘Body corporate for name of building or parcel endorsed on the 1980 Act plan community titles scheme identifying number, to be allocated by the registrar’; and

(b)state as the address for service of the body corporate the address at which documents may be served on the body corporate, endorsed on the 1980 Act plan; and

(c)state as the name and address of the original owner for the new scheme, the original proprietor’s name and address for service (if any) under the 1980 Act; and

(d)identify as the regulation module applying to the scheme the regulation module that applies to a community titles scheme if no other regulation module applies to it; and

(e)include a contribution schedule showing, for each lot included in the new scheme, a contribution schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(f)include an interest schedule showing, for each lot included in the new scheme, an interest schedule lot entitlement that is identical with the lot entitlement shown for the lot in the schedule endorsed on the 1980 Act plan; and

(g)not include any by-laws for the new scheme.

(5)Despite subsection (4)(g), if the new scheme for which a standard statement is recorded is a new scheme established for an existing 1980 Act plan—

(a)the by-laws for the new scheme are taken to be the by-laws that, under section 337(2)(g)(i) and, if applicable, section 337(4), are the by-laws in force for the scheme immediately before the end of the 3 years mentioned in subsection (1); and

(b)allocations of identified common property for the new scheme are taken to be the allocations that, under section 337(2)(g)(ii) and, if applicable, section 337(4), are the allocations, including variations and transpositions, in force for the scheme immediately before the end of the 3 years mentioned in subsection (1).

© 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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