Sunday, September 27, 2020

Body Corporate And Community Management Act 1997

Chapter 2
Part 6
Section 66

Requirements for community management statement | Section 66

(1)The community management statement for a community titles scheme, in addition to identifying the scheme land, must—

(a)state the following—

(i)the identifying name for the scheme;

(ii)the name of the body corporate (other than, for the first community management statement for the scheme, the unique identifying number for the scheme);

(iii)for the first community management statement for the scheme—the name, and the address for service, of the original owner; and

(b)identify the regulation module applying to the scheme; and

(c)include a contribution schedule and an interest schedule; and

(d)for a scheme (other than a scheme created under chapter 2part 11) for which development approval is given after the commencement of this paragraph—

(i)include 1 or more services location diagrams for all service easements for—

(A)the standard format lots included in the scheme; and

(B)common property for the standard format lots; and

(ii)identify the lots affected, or proposed to be affected, by a statutory easement, and state the type of statutory easement; and

(da)for a scheme (other than a scheme created under chapter 2part 11) for which development approval is given after the commencement of paragraph (d) and to which paragraph (db) does not apply—if the contribution schedule lot entitlements for each lot included in the scheme are not equal, explain why they are not equal; and

(db)for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to contribution schedule lot entitlements for the lots included in the scheme—

(i)state the contribution schedule principle under section 46(7) on which the contribution schedule lot entitlements have been decided; and

(ii)if the contribution schedule lot entitlements have been decided in accordance with the equality principle and are not equal—explain why they are not equal; and

(iii)if the contribution schedule lot entitlements have been decided in accordance with the relativity principle—include sufficient details about the principle to show how individual contribution schedule lot entitlements for the lots were decided by using it; and

(dc)for a scheme established after the commencement of this paragraph or an adjusted scheme, in relation to interest schedule lot entitlements for the lots included in the scheme—

(i)if the interest schedule lot entitlements reflect the respective market values of the lots—state that the interest schedule lot entitlements reflect the respective market values of the lots; or

(ii)if the interest schedule lot entitlements do not reflect the respective market values of the lots—explain why the interest schedule lot entitlements do not reflect the respective market values of the lots; and

(e)unless the by-laws are to be the by-laws in schedule 4—include by-laws; and

(f)if the scheme is intended to be developed progressively (including, for example, subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme, or excision of a lot from, or addition of a lot to, scheme land) and the development is not complete—

(i)explain the proposed development and illustrate it by concept drawings; and

(ii)state the purpose of any future allocations for the scheme and the stages in which the future allocations are to be made; and

(g)if the scheme forms part of, or is intended to form part of, or to be the basis for, a layered arrangement of community titles schemes—explain the structure, or proposed structure, of the layered arrangement.

(1A)An explanation or details included in the community management statement under subsection (1)(db) or (dc) must be—

(a)written in plain English; and

(b)simple enough, and only as detailed as is necessary, for an ordinary person to understand the explanation or details.

(2)The community management statement—

(a)must also include anything that the regulation module applying to the scheme says it must include; and

(b)may include anything that the regulation module applying to the scheme says it may include.

(3)The community management statement must not include anything other than the things that this Act, or the regulation module applying to the scheme, says the statement must or may include.

(3A)A community management statement must not include provisions adopting, under a regulation module, an architectural and landscape code or a provision of an architectural and landscape code that has no force or effect under the Building Act 1975chapter 8Apart 2.

(4)Subsection (1)(d)(i) applies to a community management statement for a scheme existing before the commencement of the subparagraph (the commencement)—

(a)only if, after the commencement, a service easement is established for the scheme; and

(b)only for service easements established after the commencement.

(5)If the requirement mentioned in subsection (1)(d)(i) applies to a community management statement because of subsection (4), the requirement must be complied with, initially, within 1 year after the first establishment of a service easement after the commencement.

(6)In this section—

adjusted scheme

(a)for subsection (1)(db), means a scheme established before the commencement of subsection (1)(db) if—

(i)the contribution schedule for the scheme is adjusted after that commencement; and

(ii)after the adjustment, the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme is a contribution schedule principle (whether or not the deciding principle for the contribution schedule lot entitlements before the adjustment was a contribution schedule principle); or

(b)for subsection (1)(dc), means a scheme established before the commencement of subsection (1)(dc) if the interest schedule for the scheme is adjusted after that commencement.

future allocation, for a community titles scheme, means a future allocation of common property or a body corporate asset under an exclusive use by-law.

© 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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