BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 376 Application of div 3

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 376

376 Application of div 3

(1) This division applies to each of the following (each a
"pre-commencement adjustment action" )—

(a) a motion, other than a motion mentioned in subsection (2), submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme that—

(i) was made before the commencement; and

(ii) has not been passed by the body corporate at the commencement;

(b) a resolution, other than a resolution without dissent, of the body corporate for a community titles scheme to adjust the contribution schedule for the scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement;

(c) an application under section 48, as in force from time to time before the commencement, for an order of a specialist adjudicator or QCAT for the adjustment of the contribution schedule for a community titles scheme that has not been decided at the commencement;

(d) a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement;

(e) an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme that has not been decided at the commencement;

(f) a decision of an appeal entity to adjust the contribution schedule for a community titles scheme that—

(i) was made before the commencement; and

(ii) has not been given effect at the commencement.

(2) For subsection (1)(a), a motion submitted to the body corporate for a community titles scheme proposing an adjustment of the contribution schedule for the scheme on the basis of either of the following is not a pre-commencement adjustment action—

(a) the deciding principle for the contribution schedule lot entitlements for the lots included in the scheme;

(b) another principle for deciding the contribution schedule lot entitlements for the lots included in the scheme, if it is a contribution schedule principle.

Note—

See section 47A for the adjustments of contribution schedule lot entitlements for the lots included in a community titles scheme that may be made by the body corporate by resolution without dissent.

(3) For subsection (1)(b), (d) and (f), a body corporate’s resolution, or a specialist adjudicator’s, QCAT’s or appeal entity’s decision, to adjust the contribution schedule for a community titles scheme has not been given effect if a new community management statement incorporating the adjustment has not been recorded.

(4) In this section—


"appeal entity" means a court or tribunal having jurisdiction to hear and decide an appeal against a decision of a specialist adjudicator or QCAT to adjust the contribution schedule for a community titles scheme.