BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 47B Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 47B

47B Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT

(1) This section applies if—

(a) a community titles scheme is affected by a material change that has happened since the last time the contribution schedule lot entitlements for the lots included in the scheme were decided; and

(b) the owner of a lot included in the scheme believes an adjustment of the contribution schedule for the scheme is necessary because of the material change.

(2) This section also applies if—

(a) a community titles scheme is established after the commencement of this section; and

(b) there has been no change to the contribution schedule lot entitlements for the lots included in the scheme arising from—

(i) a resolution passed under section 47A ; or

(ii) an order of a specialist adjudicator or QCAT mentioned in section 47AC ; or

(iii) a decision in relation to an appeal from an order of a specialist adjudicator or QCAT mentioned in section 47AC ; and

(c) the owner of a lot included in the scheme believes the contribution schedule lot entitlements for the lots included in the scheme are not consistent with the deciding principle for the lot entitlements.

(2A) In addition, this section applies if—

(a) a new community management statement is recorded for a community titles scheme to reflect a formal acquisition affecting the scheme; and

(b) there has been a change to the contribution schedule lot entitlements for the lots included in the scheme because of the formal acquisition; and

(c) the owner of a lot included in the scheme believes that, because of the change, the contribution schedule lot entitlements for the lots included in the scheme—

(i) are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or

(ii) if there is no apparent deciding principle for the lot entitlements, are not just and equitable.

(3) The owner of the lot may apply—

(a) under chapter 6 , for an order of a specialist adjudicator for an adjustment of the contribution schedule for the community titles scheme; 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 for the scheme.

(4) Despite any other law or statutory instrument, the respondent to an application mentioned in subsection (3) is the body corporate.

Note—

The body corporate must be given notice of the application under—

(a) for an application to a specialist adjudicator under chapter 6 †” section 243 ; or

(b) for an application to QCAT as provided under the QCAT Act —the QCAT Act , section 37 .

(5) If the owner applies under chapter 6 for an order of a specialist adjudicator—

(a) at the election of another owner of a lot in the community titles scheme, the other owner may be joined as a respondent to the application; and

(b) each party to the application is responsible for the party’s own costs of the application.

(6) An owner of a lot in the community titles scheme who elects, under subsection (5) (a) , to become a respondent to the application must give written notice of the election to the body corporate.

(7) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the adjusted contribution schedule lot entitlements for the lots included in the community titles scheme must—

(a) be consistent with the deciding principle for the existing contribution schedule lot entitlements, and be just and equitable to the extent the deciding principle allows; or

(b) if there is no apparent deciding principle for the existing contribution schedule lot entitlements, be just and equitable.

(8) If the specialist adjudicator or QCAT orders an adjustment of the contribution schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the adjustment ordered.

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.

(9) To remove any doubt, it is declared that, if there is a deciding principle for the existing contribution schedule lot entitlements, the specialist adjudicator or QCAT can not change the deciding principle for the lot entitlements.