Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 46

(1) A lot entitlement, for a lot included in a community titles scheme, means the number allocated to the lot in the contribution schedule or interest schedule in the community management statement.

(2) The contribution schedule is the schedule in a community management statement containing each lot's contribution schedule lot entitlement.

(3) The interest schedule is the schedule in a community management statement containing each lot's interest schedule lot entitlement.

(4) The contribution schedule lot entitlement, for a lot, means the number allocated to the lot in the contribution schedule.

(5) The interest schedule lot entitlement, for a lot, means the number allocated to the lot in the interest schedule.

(6) A lot entitlement must be a whole number, but must not be 0.

(7) For the contribution schedule for a scheme for which development approval is given after the commencement of this subsection, the respective lot entitlements must be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal.

Examples for subsection (7) of circumstances in which it may be just and equitable for lot entitlements not to be equal--

1 a layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access, maintenance or insurance

2 a commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or a higher risk industry than the owners of the other lots

(8) In deciding the contribution schedule lot entitlements and interest schedule lot entitlements for a scheme mentioned in subsection (7), regard must be had to--

(a) how the scheme is structured; and

(b) the nature, features and characteristics of the lots included in the scheme; and

(c) the purposes for which the lots are used.

(9) A change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.