BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 432
Process if body corporate has not decided lot entitlement schedule changes
BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 432
Process if body corporate has not decided lot entitlement schedule changes
432 Process if body corporate has not decided lot entitlement schedule changes
(1) This section applies if, at the commencement, the body corporate has not,
for the formal acquisition, decided the changes to the lot entitlement
schedules for the community titles scheme under former section 51(2) or
51A(2).
(2) If it has not already done so, the constructing authority must
give the relevant documents for the formal acquisition to the body corporate.
(3) New section 51(2) to (11) or 51A(2) to (10) apply in relation to the
formal acquisition as if—
(a) the relevant documents given by the
constructing authority to the body corporate were given under new
section 51(1) or 51A(1); and
(b) the reference to the 3 month period in new
section 51(2) or 51A(2) were a reference to the prescribed decision period;
and
(c) the reference to the 4 month period in new section 51(5) and (7) or
51A(4) and (6) were a reference to the prescribed consent period.
Example of
the operation of paragraphs (b) and (c)—
Four months before the
commencement, the constructing authority gives the body corporate—
(a)
advice about the acquisition as mentioned in former section 51(1) or 51A(1);
and
(b) the relevant documents for the acquisition.
Under subsection (4), the
prescribed consent period for applying new section 51(5) and (7) or 51A(4) and
(6) is the period ending at the commencement (see subsection (4)(b)(i)), and
the prescribed decision period for applying new section 51(2) or 51A(2) is the
period ending 30 days before the commencement.
(4) For subsection (3)—
(a) the prescribed decision period is the period ending 30 days before the
relevant prescribed consent period ends, which may be a period ending on or
before the commencement; and
(b) the prescribed consent period is—
(i) if
the constructing authority gave the body corporate advice about the
acquisition as mentioned in former section 51(1) or 51A(1), and the relevant
documents for the acquisition, at least 4 months before the commencement—the
period ending at the commencement; or
(ii) if the constructing authority gave
the body corporate advice about the acquisition as mentioned in former
section 51(1) or 51A(1) at least 4 months before the commencement but gave or
gives the relevant documents for the acquisition to the body corporate at a
later time—the period ending on the day that is 3 months after the
constructing authority gave or gives the body corporate the relevant
documents; or
(iii) otherwise—the period ending on the day that is 4 months
after the constructing authority gave or gives the body corporate the relevant
documents.