Queensland Consolidated Acts

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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 48

48 Adjustment of lot entitlement schedule

(1) The owner of a lot in a community titles scheme may apply--

(a) under chapter 6, for an order of a specialist adjudicator for the adjustment of a lot entitlement schedule; or
(b) under the CCT Act, for an order of the CCT for the adjustment of a lot entitlement schedule.

(2) Despite any other law or statutory instrument, the respondent to an application mentioned in subsection (1) is the body corporate.

(3) 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 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.

(4) An owner who elects, under subsection (3)(a), to become a respondent to the application must give written notice of the election to the body corporate.

(5) The order of the specialist adjudicator or the CCT must be consistent with--

(a) if the order is about the contribution schedule--the principle stated in subsection (6); or
(b) if the order is about the interest schedule--the principle stated in subsection (7).

(6) For the contribution schedule, the respective lot entitlements should be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal.

(7) For the interest schedule, the respective lot entitlements should reflect the respective market values of the lots included in the scheme when the specialist adjudicator or the CCT makes the order, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements to reflect other than the respective market values of the lots.

(8) If a lot mentioned in subsection (7) is a subsidiary scheme, the market value of the lot is the market value of the scheme land for the subsidiary scheme.

(9) For establishing the market value of a lot created under a standard format plan of subdivision, buildings and improvements on the lot are to be disregarded.

(10) If the specialist adjudicator or the CCT orders an adjustment of a lot entitlement schedule, the body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment ordered.

Maximum penalty for subsection (10)--100 penalty units.



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