BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 387 Decision at general meeting for motion submitted to body corporate

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 387

387 Decision at general meeting for motion submitted to body corporate

(1) This section applies in relation to a general meeting of the body corporate for an existing scheme called under section 386.

(2) At the general meeting, the body corporate must decide what (if any) changes to the pre-adjustment order entitlements for the existing scheme should be made under sections 381 to 384.

(3) The body corporate must, within 7 days after the general meeting, give each owner of a lot included in the existing scheme written notice of the body corporate’s decision under subsection (2).

Note—

The applicable regulation module also provides for a copy of the minutes of a general meeting of a community titles scheme to be given to each owner of a lot included in the scheme.

(4) The body corporate must, within 3 months after the general meeting, lodge a request to record a new community management statement incorporating a change to the contribution schedule lot entitlements for the lots included in the existing scheme to—

(a) if the body corporate decides that no changes to the pre-adjustment order entitlements for the scheme should be made under sections 381 to 384 (including because none of sections 381 to 384 apply)—the pre-adjustment order entitlements; or

(b) if the body corporate decides the changes to the pre-adjustment order entitlements for the scheme that should be made under sections 381 to 384—the pre-adjustment order entitlements, subject to the changes under sections 381 to 384 decided by the body corporate.

Penalty—

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of the new community management statement incorporating the change.

(5) Subsection (4)—

(a) applies despite section 47A; but

(b) does not apply if—

(i) an owner of a lot included in the existing scheme applies for an order of a specialist adjudicator or QCAT under subsection (6); and

(ii) a specialist adjudicator or QCAT makes an order for an adjustment of the contribution schedule for the scheme before the end of the 3-month period mentioned in subsection (4); and

(iii) the order provides for a change to the contribution schedule lot entitlements for the lots included in the scheme that is different to the change mentioned in subsection (4).

(6) An owner of a lot included in the existing scheme may, within 28 days after receiving notice of the body corporate’s decision under subsection (3), apply—

(a) under chapter 6, for an order of a specialist adjudicator for an adjustment of the contribution schedule for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384; or

(b) as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot for the scheme to reflect the pre-adjustment order entitlements for the scheme, subject to changes under sections 381 to 384.