(1) This section applies if a body corporate for a community titles scheme
(the
"scheme" ) considers a motion under section 47Ato change the contribution
schedule lot entitlements for the lots included in the scheme.
(2) If the
body corporate passes the motion by resolution without dissent (the
"resolution" ) under section 47A, an owner of a lot included in the scheme
may apply under subsection (3) if the owner—
(b)
believes that the contribution schedule lot entitlements as changed by the
resolution (the
"changed entitlements" ) are not consistent with whichever of the principles
(the
"relevant principle" ) mentioned in section 47A(3) (a) or (b) was used as the
basis for the change.
(b) as provided under the QCAT Act
, for an order of QCAT, exercising the tribunal’s original jurisdiction,
that the changed entitlements are not consistent with the relevant principle.
(4) Except as provided in subsection (3) and section 47AC—
(a) an owner of
a lot included in the scheme may not make any application under chapter 6 , or
to QCAT, in relation to a dispute about the changed entitlements; and
(b)
QCAT, or a department adjudicator or specialist adjudicator under chapter 6 ,
has no jurisdiction to hear and determine a dispute about the
changed entitlements.
(5) Without limiting subsection (4) , a department
adjudicator or a specialist adjudicator under chapter 6 has no jurisdiction to
determine a dispute about whether or not a body corporate acted reasonably
under section 94(2) in deciding to pass, or not to pass, a resolution under
section 47A.