Queensland Consolidated Acts

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Body Corporate and Community Management Act 1997


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

           Part 1--Introduction

   1.      Short title

           Part 2--Object and achievement of object

   2.      Primary object
   3.      How primary object is to be achieved
   4.      Secondary objects

           Part 3--Interpretation

   5.      Dictionary
   6.      Use of certain tags
   7.      Use of illustrations
   8.      References

           Part 4--Key terms and concepts

           Division 1--Community titles scheme

   9.      Basic concept for Act—community titles scheme
   10.     Meaning of community titles scheme
   11.     Meaning of body corporate assets
   12.     Meaning of community management statement
   13.     Meaning of original owner
   14.     Meaning of body corporate manager
   15.     Meaning of service contractor
   16.     Meaning of letting agent and letting agent business
   17.     Meaning of lease-back scheme and lease-back scheme operator

           Division 2--Concept of layered arrangement

   18.     Meaning of layered arrangement of community titles schemes
   19.     Provisions about lots that are community titles schemes

           Division 3--Utility infrastructure

   20.     Utility infrastructure as common property

           Division 4--Regulation modules

   21.     Meaning of regulation module

           Chapter 2--Basic operation of community titles schemes

           Part 1--Establishment of community titles schemes

   22.     Names of community titles schemes
   23.     Reservation of name
   24.     Establishment of community titles scheme
   25.     Changing scheme by new community management statement
   26.     Changing structure of scheme
   27.     Establishing structures through combination
   28.     Enlarging the number of lots through progressive subdivision
   29.     Notice about change of scheme being developed progressively

           Part 2--Bodies corporate

   30.     Creation of body corporate for community titles scheme
   31.     Membership of body corporate for community titles scheme
   32.     Corporations Act does not apply to body corporate
   33.     Name of body corporate
   34.     Body corporate's seal

           Part 3--Common property

           Division 1--General provisions

   35.     Ownership of common property
   36.     Rights and responsibilities for common property
   37.     Creating common property (no new scheme)
   38.     Creating common property by subdivision (no new scheme)
   39.     Creating common property from scheme land (new scheme)

           Division 2--Body corporate acquisition of, and dealing with, lot included in its own scheme

   40.     Acquisition for letting agent purposes
   41.     Lease
   42.     Prohibition on benefits
   43.     Effect of ending of authorisation
   44.     Body corporate interest in lot included in its own scheme

           Part 4--Body corporate assets

   45.     Ownership and enjoyment of body corporate assets

           Part 5--Lot entitlements

   46.     Lot entitlements
   46A.    Principles for deciding contribution schedule lot entitlements
   46B.    Principle for deciding interest schedule lot entitlements
   47.     Application of lot entitlements
   47A.    Adjustment of contribution schedule by resolution without dissent
   47AA.   Dispute about resolution under s 47A
   47AB.   Procedural matters for application under s 47AA
   47AC.   Order of specialist adjudicator or QCAT on application under s 47AA
   47B.    Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT
   48.     Adjustment of interest schedule
   48A.    Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle
   49.     Criteria for deciding just and equitable circumstances
   50.     Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
   51.     Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land
   51A.    Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land
   51B.    Limited adjustment of lot entitlement schedule—after subdivision of lot
   51C.    Limited adjustment of lot entitlement schedule—after amalgamation of lots

           Part 6--Community management statements

   52.     Recording of community management statement
   53.     First community management statement
   54.     Subsequent community management statement
   55.     Requirements for motion to change community management statement
   56.     New statements and subsequent plans of subdivision
   57.     Other matters about new statements for schemes developed progressively
   58.     Community management statement for higher scheme prevails
   59.     Taking effect of community management statement
   60.     Community management statement notation
   61.     Giving copy of community management statement
   62.     Body corporate to consent to recording of new statement
   63.     Responsibility for preparing, and for costs of preparing, new statement
   64.     New community management statement must be consistent with body corporate's consent
   65.     Time for lodging request to record new statement
   66.     Requirements for community management statement

           Part 7--Statutory easements

   67.     Application of pt 7
   68.     Exercise of rights under statutory easement
   69.     Ancillary rights and obligations
   70.     Services location diagrams

           Part 8--Reinstatement

   71.     Application of pt 8
   72.     Reinstatement process under court approval
   73.     Variation and substitution of court orders
   74.     Reinstatement process under resolution without dissent
   75.     Registration for changes to scheme under approved reinstatement process

           Part 9--Termination of community titles schemes

           Division 1--Introduction

   76.     Purpose of pt 9

           Division 2--Termination process

   77.     Application of div 2
   78.     Termination of schemes
   79.     Effecting termination of scheme
   80.     Effect of termination on accrued charge, levy, rate or tax
   81.     Dissolution of body corporate for terminated scheme

           Part 10--Amalgamation of community titles schemes

           Division 1--Introduction

   82.     General principles of amalgamation
   83.     Community titles schemes that may be amalgamated

           Division 2--Amalgamation process

   84.     Purpose of div 2
   85.     Approval for amalgamations
   86.     Effecting amalgamation of community titles schemes
   87.     Dissolution of bodies corporate on amalgamation
   88.     Effects of amalgamation of community titles schemes

           Part 11--Creation of a layered arrangement from existing basic schemes

           Division 1--Introduction

   89.     General principles of creation of layered arrangement from basic schemes
   90.     Schemes that may become a layered arrangement

           Division 2--Process for creating layered arrangement

   91.     Agreement or court order for creation of layered arrangement
   92.     Effecting creation of layered arrangement
   93.     Effect of creation of layered arrangement

           Chapter 3--Management of community titles schemes

           Part 1--Management structures and arrangements

           Division 1--Body corporate's general functions and powers

   94.     Body corporate's general functions
   95.     Body corporate's general powers
   96.     Body corporate must not carry on business
   97.     No delegation of body corporate's powers

           Division 2--Committee for body corporate

   98.     Application of div 2
   99.     Composition and election of committee
   100.    Power of committee to act for body corporate
   101.    Procedures and powers of committee
   101A.   Protection of committee members from liability
   101B.   Code of conduct for committee voting members

           Division 3--Proxies

   102.    Committee members' proxies
   103.    Proxies for body corporate meetings

           Division 4--Body corporate meetings

   104.    Body corporate meetings
   105.    Counting of votes for resolution without dissent
   106.    Counting of votes for special resolution
   107.    Counting of votes for majority resolution
   108.    Counting of votes for ordinary resolution if no poll requested
   109.    Request for poll
   110.    Counting of votes for ordinary resolution if poll requested
   111.    Voting other than at general meeting
   111A.   Protection of body corporate and committee from liability for defamation

           Division 5--Special management arrangements for specified two-lot schemes
           Subdivision 1--Preliminary

   111B.   Purpose of div 5
   111C.   Meaning of specified two-lot scheme
   111D.   Divisions 2 to 4 do not apply to specified two-lot scheme
           Subdivision 2--Decision making for specified two-lot schemes
   111E.   Meaning and effect of lot owner agreement
   111F.   Regulation of lot owner agreement
   111G.   Body corporate may only make decision by lot owner agreement
   111H.   Request to enter into lot owner agreement
   111I.   Amending or revoking decision of body corporate
           Subdivision 3--Representatives of owners of lots
   111J.   Representative of owner of lot

           Part 2--Body corporate managers, service contractors and letting agents

           Division 1--Body corporate manager and service contractor engagements and letting agent authorisations

   112.    Original owner's obligations about engagements and authorisations
   113.    No consideration for engagement or authorisation
   114.    Limitation on benefit to body corporate under service contractor engagement
   115.    Limitation on benefit to body corporate under letting agent authorisation
   116.    Letting agent's obligations for letting agent lot
   117.    Combined engagement and authorisation
   118.    Code of conduct

           Division 2--Performance of powers of body corporate committee and executive members by body corporate manager

   119.    Schemes for which there is a committee for the body corporate
   120.    Schemes for which there is no committee for the body corporate
   121.    Power of body corporate manager to act for body corporate

           Division 3--Regulations

   122.    Regulation module

           Division 4--Protection for financier of contract

   123.    Meaning of financier for div 4
   124.    Requirement for financier's address for service
   125.    Notice of changes affecting financed contract
   126.    Limitation on termination of financed contract
   127.    Agreements between body corporate and financier prohibited

           Division 5--Change of regulation module

   128.    Change of regulation module

           Division 7--Review of terms of service contracts

   130.    Review of terms of service contracts
   131.    Purpose of review
   132.    Procedure for review
   133.    Disputes arising out of review
   134.    Review criteria
   135.    Other provisions about review

           Division 8--Required transfer of letting agent's management rights
           Subdivision 1--Preliminary

   136.    Application of div 8
   137.    Effect of div 8 on other provisions
           Subdivision 2--Transfer of management rights
   138.    Grounds for requiring transfer
   139.    Code contravention notice
   140.    Requirement for transfer
   141.    Transfer—letting agent's choice of transferee
   142.    Giving financier copy of transfer notice
   143.    Transfer—body corporate's choice of transferee
   144.    Terms of service contract on transfer
           Subdivision 3--Termination and replacement of letting agent authorisation and service contract
   145.    Termination of letting agent authorisation if management rights not transferred
   146.    Termination and replacement of letting agent authorisation and service contract in particular circumstances
           Subdivision 4--Reviewing terms of letting agent's service contract
   147.    Reviewing terms of service contract
   148.    Review criteria
   149.    Giving copy of review advice to letting agent and prospective buyer of management rights
           Subdivision 5--Disputes about transfer of management rights
   149A.   Specialist adjudication or QCAT jurisdiction

           Division 9--Disputes about contractual matters

   149B.   Specialist adjudication or QCAT jurisdiction

           Part 3--Financial and property management

           Division 1--Financial management

   150.    Financial management arrangements
   151.    Body corporate's financial institution accounts

           Division 2--Property management

   152.    Body corporate's duties about common property etc.
   153.    Mail box and notice board
   154.    Disposal of interest in and leasing or licensing of common property
   155.    Easements
   156.    Acquisition of amenities for benefit of lot owners
   157.    Dealing with (including disposing of) interest in body corporate asset
   158.    Supply of services by body corporate
   159.    Improvements to common property
   160.    Obligations of owners and occupiers to maintain
   161.    Body corporate's authority to carry out work of owners and occupiers
   162.    Body corporate's power to remedy defective building work
   163.    Power to enter lot

           Part 4--Conduct of occupiers

   164.    Definition for pt 4
   165.    Interference with easements of support or shelter
   166.    Interference with utility services
   167.    Nuisances

           Part 5--By-laws

           Division 1--By-laws generally

   168.    Meaning of by-laws
   169.    Content and extent of by-laws

           Division 2--Exclusive use by-laws

   170.    Meaning of exclusive use by-law
   171.    Requirements for exclusive use by-law
   172.    Identification of subject matter of exclusive use by-laws
   173.    Regulation of exclusive use by-laws
   174.    Making allocations
   175.    Notifying allocations
   176.    Notifying further allocations
   177.    Prohibited matters for exclusive use by-laws
   178.    Review of exclusive use by-law

           Division 3--Other matters about by-laws

   179.    Commencement of by-laws
   180.    Limitations for by-laws
   181.    Guide, hearing and assistance dogs

           Division 4--By-law contraventions
           Subdivision 1--Contravention notices for schemes other than specified two-lot schemes

   181A.   Application of sdiv 1
   182.    Continuing contravention notice
   183.    Future contravention notice
   183A.   Copy of contravention notice to be given to owner
           Subdivision 2--Contravention notices for specified two-lot schemes
   183B.   Application of sdiv 2
   183C.   Continuing contravention notice
   183D.   Future contravention notice
           Subdivision 3--Other provisions
   184.    Preliminary procedure for application by body corporate for resolution of dispute
   185.    Preliminary procedure for application by owner and occupier for resolution of dispute
   186.    Dispensing with preliminary procedures
   188.    Who may start proceeding

           Part 6--Insurance

   189.    Regulation module may require body corporate to insure
   190.    Insurable interest
   191.    Responsibility of original owner
   192.    Mortgagees

           Chapter 4--Administrative matters

           Part 1--Valuation, rating and taxation

   193.    How lot is to be regarded for rating or taxing purposes
   194.    Charges, levies, rates and taxes for community titles scheme
   195.    Utility services separately measured, supplied and charged
   196.    Utility services not separately charged for
   197.    Registering charge on land under this Act
   198.    Effect of scheme change on liability for charges etc.
   199.    Apportionment of statutory charge
   200.    No application to body corporate assets

           Part 2--Records

           Division 1--Notices

   201.    Notice of transfer and other matters
   202.    Notice of intention not to proceed to enforce mortgage
   203.    Body corporate may require information to be given

           Division 2--Records and provision of information

   204.    Regulation module
   205.    Information to be given to interested persons

           Chapter 5--Sale of lots

           Part 1A--Preliminary

   205AA.  Application of ch 5 generally
   205A.   Definitions for ch 5
   205C.   References to disclosure statement
   205D.   References to things done by or in relation to buyer or seller

           Part 1--Existing lots

   206.    Information to be given by seller to buyer
   207.    Contents of contract
   208.    Buyer may rely on information
   209.    Terminating contract for inaccuracy of disclosure statement
   209A.   Terminating contract if contribution schedule lot entitlements inconsistent with contribution schedule principle
   210.    Termination under this part
   211.    Restriction on powers of attorney in favour of original owner

           Part 2--Proposed lots

           Division 1--Preliminary

   211A.   Definitions for pt 2

           Division 2--Basic limitation on sale of proposed lots

   212.    Provision about settlement taken to be included in contract
   212A.   Buyer may terminate if there is no proposed community management statement

           Division 3--Statements about proposed lots

   212B.   Application of div 3 if option granted
   213.    Information to be given by seller to buyer
   213AA.  Disclosure plan requirements
   214.    Variation of disclosure statement by further statement
   215.    Contents of contract
   216.    Buyer may rely on information
   217.    Terminating contract for inaccuracy of statement

           Division 4--Other grounds for terminating contract

   217A.   Terminating contract if lot entitlements inconsistent with deciding principle
   217B.   Terminating contract if not settled within particular period

           Division 5--Miscellaneous provisions
           Subdivision 1--Termination

   218.    Termination under this part
           Subdivision 2--Amounts held in trust accounts
   218A.   Payment of particular amounts
   218B.   Amounts paid under s 218A to be held in prescribed trust account
   218C.   Disposal of amount held in prescribed trust account
   218D.   Investment of amount held in prescribed trust account
           Subdivision 3--Other provisions
   218E.   Security instruments
   218F.   Evidentiary provision
   219.    Restriction on powers of attorney in favour of seller

           Part 3--Implied warranties

   220.    Definition for pt 3
   221.    Part's purpose
   222.    Effect of warranties and right to terminate
   223.    Implied warranties
   224.    Termination for breach of warranty

           Part 4--Costs not recoverable by original owner on the sale of a lot

   225.    Costs incurred in entering contracts of engagement or authorisation

           Chapter 6--Dispute resolution

           Part 1--Introduction

   226.    Definitions for ch 6
   227.    Meaning of dispute
   228.    Chapter's purpose
   229.    Exclusivity of dispute resolution provisions
   229A.   Disputes about particular debts
   230.    Structure of arrangements

           Part 2--Commissioner for body corporate and community management

   231.    Appointment of commissioner
   232.    Responsibilities
   233.    Practice directions
   234.    Protection of commissioner
   235.    Delegation by commissioner

           Part 3--Dispute resolution officers

   236.    Appointment of dispute resolution officers
   237.    Protection of dispute resolution officers

           Part 4--Applications

           Division 1--Application

   238.    Who may make an application
   239.    How to make an application
   239A.   Content of approved form for conciliation application
   239B.   Content of approved form for adjudication application
   239C.   Continuation of application if standing of party changes
   240.    Further information or material for applications
   241.    Rejecting application
   241A.   Applicant to be given notice of decision to reject application
   242.    Time limit on certain adjudication applications

           Division 2--Initial action on application
           Subdivision 1--Conciliation application

   242A.   Referral to department conciliator
           Subdivision 2--Adjudication application
   242B.   Definition for sdiv 2
   243.    Notice to particular persons
   243A.   Referral to dispute resolution officer in emergency
   244.    Notice to applicant
   245.    Change or withdrawal of application
   246.    Inspection of applications and submissions
   247.    Referral of application for interim order

           Part 5--Dispute resolution recommendations

   248.    Dispute resolution recommendation
   249.    Restriction on who may conduct further dispute resolution process
   250.    Dismissing application
   251.    Preparation for making a dispute resolution recommendation
   252.    Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication

           Part 5A--Department conciliation

   252A.   Purpose of pt 5A
   252B.   Functions of department conciliator
   252C.   Referral to department conciliator
   252D.   Starting department conciliation session
   252E.   Conduct of department conciliation session
   252F.   Representation by agent
   252G.   Further provision about representation by committee voting member as agent
   252H.   Referral back to commissioner
   252I.   Agreement reached at department conciliation session
   252J.   Particular agreements require committee ratification etc. before referral to commissioner
   252K.   Ending department conciliation
   252L.   Confidentiality

           Part 6--Dispute resolution centre mediation

   253.    Purpose of pt 6
   254.    Referral to dispute resolution centre
   255.    Referral back to the commissioner

           Part 7--Specialist mediation and conciliation

   256.    Purpose of pt 7
   257.    Conditions for recommending specialist mediation or conciliation
   258.    Referral to dispute resolution officer
   259.    Conduct of specialist mediation and conciliation sessions
   260.    Specialist mediation or conciliation is voluntary
   261.    Representation by agent
   262.    Referral back to the commissioner

           Part 8--Specialist adjudication

   263.    Purpose of pt 8
   264.    Specialist adjudication by agreement

           Part 9--Adjudication generally

           Division 1--Preliminary

   266.    Purpose of pt 9
   266A.   Application of pt 9 to agreement referred for consent order

           Division 2--Procedural matters about adjudication

   267.    Referral to adjudicator for specialist or department adjudication
   268.    Department adjudication fee
   269.    Investigation by adjudicator
   270.    Dismissal of applications
   271.    Investigative powers of adjudicator
   272.    Delegation
   273.    Representation by agent

           Division 3--Adjudicator's orders

   274.    Notice of order to be given
   275.    Referral back to commissioner
   276.    Orders of adjudicators
   277.    Order may be made if person fails to attend to be interviewed
   278.    Administrator may act for body corporate etc.
   279.    Interim orders in context of adjudication
   280.    Order for payment of application fees
   281.    Order to repair damage or reimburse amount paid for carrying out repairs
   282.    Order does not prevent proceedings for offence
   283.    Change of body corporate's financial year
   284.    Ancillary provisions
   285.    Limitation on powers of adjudicator

           Part 10--Enforcement of adjudicator's orders

   286.    Enforcement of orders for payment of amounts
   287.    Enforcement of other orders
   288.    Failure to comply with adjudicator's order

           Part 11--Appeal from adjudicator on question of law

   288A.   Definition for pt 11
   289.    Right to appeal to appeal tribunal
   290.    Appeal
   292.    Referral back to commissioner
   294.    Jurisdiction and powers of appeal tribunal on appeal

           Part 12--Miscellaneous

           Division 1--Stay of applications and proceedings

   294A.   Power to stay application and proceeding

           Division 2--Other matters

   295.    Replacing statement to be lodged with registrar
   296.    Privilege
   297.    False or misleading information
   298.    False or misleading documents
   299.    Public access to information about orders
   300.    Appointment of administrator for enforceable money orders
   301.    Appointment of administrator
   302.    Magistrates Court in which proceeding lies

           Chapter 7--Miscellaneous

           Part 1--External review of decisions

   303.    Definitions for pt 1
   304.    External review of decisions
   306.    Time for applying for external review

           Part 2--Other matters

   309.    Associates
   309A.   Responsibility for acts or omissions of representative
   310.    Protection of persons dealing with body corporate
   311.    Body corporate to be taken to be owner of parcel for certain Acts etc.
   312.    Proceedings
   313.    Representation in planning proceedings
   313A.   Application under ch 6 or QCAT Act by group of lot owners or occupiers
   314.    Liability of owners for monetary obligations of body corporate
   315.    Service of notices etc.
   316.    Powers of entry by local government, utility service provider or other authorised entity
   317.    Restriction on irrevocable powers of attorney
   318.    Prevention of contracting out
   319.    Fees
   320.    Chief executive may approve forms
   321.    References to body corporate managers and service contractors
   322.    Regulation-making power
   323.    Regulation-making power—lease-back scheme

           Chapter 8--Transitional provisions

           Part 1--Transition from 1980 Act

           Division 1--Introduction

   324.    Purpose of pt 1
   325.    Approach adopted
   326.    Definitions for pt 1

           Division 2--Limited continuing operation of 1980 Act

   327.    Application of 1980 Act to plan other than for specified Act
   328.    Application of 1980 Act to plan for specified Act

           Division 3--Saving existing 1980 Act plans

   329.    Application of div 3
   330.    Existing plan
   331.    Classification of existing plan
   332.    Administrative matters

           Division 4--Saving future 1980 Act plans

   333.    Application of div 4
   334.    Future plan
   335.    Classification of future plan

           Division 5--Community management statements for new schemes

   336.    What div 5 provides for
   337.    Community management statement
   338.    Community management statement recorded for 1980 Act plan when plan registered
   339.    Registrar to record standard statement
   340.    By-laws may be retained
   341.    Right to exclusive use by-law

           Division 6--Special provisions for contracts

   342.    Definitions for div 6
   343.    Letting agent authorisation
   344.    Body corporate contracts

           Division 7--Miscellaneous

   345.    Sale of lots
   346.    Actions under disputes provisions
   347.    References to certain Acts

           Part 2--Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002

   348.    Transitional provision for information sheets

           Part 3--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2003

   349.    Adjusting contribution schedule lot entitlement
   350.    Community management statements for particular schemes
   351.    Particular community management statements to be given to local governments
   352.    Existing easements for lots
   353.    Existing powers of body corporate managers
   354.    Existing applications for an order of an adjudicator

           Part 3A--Transitional provision for Property Agents and Motor Dealers and Other Acts Amendment Act 2006

   354A.   Transitional provision for s 213

           Part 6--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2007

   357.    Definition for pt 6
   358.    Existing applications for adjustment of lot entitlement schedules
   359.    Other existing applications
   360.    Existing appeals
   361.    Existing dispute resolution officers
   362.    Application of code of conduct for existing committee voting members

           Part 6A--Transitional provision for Body Corporate and Community Management Amendment Act 2009

   362A.   Section 212 to have retrospective effect

           Part 7--Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

   363.    Purpose of pt 7
   364.    Definition for pt 7
   365.    Appeal from order of an adjudicator that could have been made to the former tribunal
   366.    Appeal from order of an adjudicator that could have been made to the District Court
   367.    Existing appeal taken to be before QCAT or transferred to QCAT

           Part 8--Transitional provisions for the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010

   368.    Definitions for pt 8
   369.    Matters relating to cancellation of pre-amendment contracts
   370.    Termination relating to particular contracts for sale of lots that are not residential property
   371.    Termination relating to particular contracts for sale of lots that are residential property
   372.    Termination relating to particular contracts for sale of proposed lots that are not residential property
   373.    Termination relating to particular contracts for sale of proposed lots that are residential property

           Part 9--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2011

           Division 1--Preliminary

   374.    Definition for pt 9

           Division 2--Interest schedules for particular schemes

   375.    Interest schedules for particular schemes

           Division 3--Effect of particular actions relating to contribution schedule lot entitlements

   376.    Application of div 3
   377.    Pre-commencement adjustment actions cease to have effect

           Division 4--Adjustment of contribution schedule for existing scheme to which adjustment order applies
           Subdivision 1--Definitions

   378.    Definitions for div 4
           Subdivision 2--Motion for adjustment of contribution schedule
   379.    Motion proposing adjustment of contribution schedule
           Subdivision 3--Dealing with motion for adjustment of contribution schedule
   380.    Purpose of sdiv 3
   381.    Adjustment if a lot in existing scheme has been subdivided
   382.    Adjustment if 2 or more lots in existing scheme have been amalgamated
   383.    Adjustment if the boundary for a lot included in existing scheme has changed
   384.    Adjustment if material change since contribution schedule lot entitlements decided
   385.    Body corporate committee to deal with motion if motion submitted to it
   386.    Body corporate to call general meeting etc. if motion submitted to it
   387.    Decision at general meeting for motion submitted to body corporate
   388.    QCAT or specialist adjudicator deciding adjustment
   389.    Provision about new community management statement required under this division
   390.    Body corporate responsible for particular costs under this division

           Division 5--Other provisions

   391.    Other adjustments of lot entitlement schedules for schemes
   392.    Continuing contravention notice given by body corporate before scheme becomes a specified two-lot scheme
   393.    Future contravention notice given by body corporate before scheme becomes a specified two-lot scheme
   394.    Application of s 206
   395.    Application of s 213

           Part 10--Transitional provisions for Body Corporate and Community Management and Other Legislation Amendment Act 2013

           Division 1--Preliminary

   397.    Definitions for pt 10 and sch 5A

           Division 2--Adjustments under part 9, division 4

   398.    Application of s 379 (Motion proposing adjustment of contribution schedule)
   399.    Incomplete adjustment matter ceases to have effect

           Division 3--Application of decided entitlements and reinstatement of last adjustment order entitlements
           Subdivision 1--Preliminary

   400.    Definitions for div 3
           Subdivision 2--Decided entitlements
   401.    Application of sdiv 2
   402.    Request to give effect to relevant decision—scheme other than specified two-lot scheme
   403.    Decision of body corporate committee
   404.    Request to give effect to relevant decision—specified two-lot scheme
   405.    Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404
   406.    Order of specialist adjudicator or QCAT
           Subdivision 3--Last adjustment order entitlements
   407.    Application of sdiv 3
   408.    Relationship between sdiv 3 and pt 9, div 4
   409.    Request for adjustment—scheme other than specified two-lot scheme
   410.    Decision of body corporate committee
   411.    Request for adjustment—specified two-lot scheme
   412.    Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411
   413.    Order of specialist adjudicator or QCAT
           Subdivision 4--Body corporate responsible for particular matters under division 3
   414.    Lodgement of request to record new community management statement
   415.    Body corporate responsible for costs under this division
           Subdivision 5--Modification of decided entitlements or last adjustment order entitlements
   416.    Modification for subdivided lots
   417.    Modification for amalgamated lot
   418.    Modification for boundary change
   419.    Modification for material change

           Division 4--Cancellation or termination of particular contracts

   420.    Termination of existing contract for sale of existing lot—failure to give disclosure statement
   421.    Cancellation of existing contract for sale of existing lot
   422.    Termination of existing contract for sale of existing lot—inaccuracy of disclosure statement
   423.    Termination of existing contract for sale of proposed lot—failure to give disclosure statement
   424.    Termination of existing contract for sale of proposed lot—variation of information in disclosure statement
   425.    Termination of existing contract for sale of proposed lot—inaccuracy of disclosure statement

           Part 11--Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

           Division 1--Preliminary

   427.    Definitions for pt 11
   428.    References to ss 51 and 51A

           Division 2--Formal acquisitions happening before commencement if advice given under former section 51 or 51A

   429.    Application of div 2
   430.    Process if body corporate consented to new community management statement
   431.    Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement
   432.    Process if body corporate has not decided lot entitlement schedule changes
   433.    Body corporate may ask constructing authority to provide lot entitlement adjustment advice
   434.    Application of ss 63 and 65

           Division 3--Formal acquisitions happening before commencement if advice not given under former section 51 or 51A

   435.    New s 51 or 51A applies to formal acquisition

           Part 12--Transitional provision for Property Occupations Act 2014

   436.    Information sheets

           Part 13--Transitional provisions for Land Sales and Other Legislation Amendment Act 2014

   437.    Definitions for pt 13
   438.    Application of s 212B
   439.    Application of s 213
   440.    Application of s 214
   441.    Application, and modified application, of s 217B
   442.    Application of s 218
   443.    Application of ch 5, pt 2, div 5, sdiv 2
   444.    Continuing application of old LSA, part 3
           SCHEDULE 1--ILLUSTRATIONS
           SCHEDULE 1A--CODE OF CONDUCT FOR COMMITTEE VOTING MEMBERS
           1. Commitment to acquiring understanding of Act, including this code
           2. Honesty, fairness and confidentiality
           3. Acting in body corporate's best interests
           4. Complying with Act and this code
           5. Nuisance
           6. Conflict of interest
           SCHEDULE 2--CODE OF CONDUCT FOR BODY CORPORATE MANAGERS AND CARETAKING SERVICE CONTRACTORS
           1. Knowledge of Act, including code
           2. Honesty, fairness and professionalism
           3. Skill, care and diligence
           4. Acting in body corporate's best interests
           5. Keeping body corporate informed of developments
           6. Ensuring employees comply with Act and code
           7. Fraudulent or misleading conduct
           8. Unconscionable conduct
           9. Conflict of duty or interest
           10. Goods and services to be supplied at competitive prices
           11. Body corporate manager to demonstrate keeping of particular records
           SCHEDULE 3--CODE OF CONDUCT FOR LETTING AGENTS
           1. Honesty, fairness and professionalism
           2. Skill, care and diligence
           3. Acting in body corporate's and individual lot owner's best interests
           4. Ensuring employees comply with Act and code
           5. Fraudulent or misleading conduct
           6. Unconscionable conduct
           7. Nuisances
           8. Goods and services to be supplied at competitive prices
           SCHEDULE 4--BY-LAWS
           1. Noise
           2. Vehicles
           3. Obstruction
           4. Damage to lawns etc.
           5. Damage to common property
           6. Behaviour of invitees
           7. Leaving of rubbish etc. on the common property
           8. Appearance of lot
           9. Storage of flammable materials
           10. Garbage disposal
           11. Keeping of animals
           SCHEDULE 5--ADJUDICATOR'S ORDERS
           SCHEDULE 5A--INCOMPLETE ADJUSTMENT MATTER
           SCHEDULE 6--DICTIONARY


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