Wednesday, September 30, 2020

Body Corporate And Community Management Act 1997

Chapter 4
Part 1
Section 196

Utility services not separately charged for | Section 196

(1)This section applies to a community titles scheme if—

(a)there is no practicable way available to a utility service provider to measure the extent to which the utility service is supplied to—

(i)each lot included in the scheme; and

(ii)if the utility service is also supplied to the common property—the common property; and

(b)the supply of the utility service to scheme land is charged according to usage, and is not charged for on the basis of the value of land.

(2)A lot owner is liable to the utility service provider for a share of the total amount payable for the provision of the utility service to scheme land.

(3)The share is proportionate to the contribution schedule lot entitlement for the lot.

(4)However, the body corporate may, by arrangement with the utility service provider, take on liability for owners or occupiers of the lots for the utility service supplied for the benefit of owners or occupiers.

(5)If an arrangement is in force under subsection (4), the utility service provider can not separately charge the owners or occupiers for the utility service to which the arrangement relates, and the body corporate must satisfy the liability to the utility service provider out of—

(a)the contributions paid by lot owners to the body corporate under the regulation module applying to the scheme; or

(b)a levy imposed on the individual lot owners in the way stated in subsection (6).

(6)The levy must be made—

(a)for lots for which the body corporate has a way of measuring the extent to which the utility service is supplied to each lot—according to the extent of supply; and

(b)for lots for which the body corporate does not have a way of measuring the extent to which the utility service is supplied to each lot—

(i)equally between the lot owners; or

(ii)proportionately among the lot owners according to the contribution schedule lot entitlement for each lot.

(7)Subsections (8), (9) and (10) apply if—

(a)an arrangement is in force under subsection (4); and

(b)the body corporate fails to satisfy the liability to the utility service provider under the arrangement by the day the liability becomes payable.

(8)If the utility service provider is a local government, the unpaid amount of the liability becomes an overdue rate under the Local Government Act 2009 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.

(9)If the utility service provider is MEDQ, the unpaid amount becomes a special rate or charge under the Economic Development Act 2012 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.

(10)If the utility service provider is not a local government or MEDQ—

(a)the unpaid amount is payable proportionately by each lot owner, according to the contribution schedule lot entitlement for the lot; and

(b)the amount payable by a lot owner is a charge on the lot.

(11)For applying the Economic Development Act 2012section 117 for the purposes of subsection (9), the reference in the section to the land is taken to be a reference to each lot.

(12)Subsection (10) is in addition to any other remedy the utility service provider has for recovery of the unpaid amount.

(13)This section does not apply to a community titles scheme established after 1 January 2008 in relation to a utility service that is water reticulation or supply if devices for separately measuring the supply of water to each lot and the common property are installed on the scheme land—

(a)after 1 January 2008; and

(b)under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002.

(14)In this section—

liability, for an owner or occupier of a lot for which a utility service is supplied for the benefit of the owner or occupier, does not include the owner’s or occupier’s liability for a fee charged by the utility service provider for providing the utility infrastructure for the service.

utility service provider includes a local government in whose local government area scheme land is located but does not include—

(a)a body corporate manager, service contractor or letting agent; or

(b)an associate of a person mentioned in paragraph (a).

© 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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