Queensland Consolidated Acts Queensland Consolidated Acts(1) This section provides for the form of the consent of the body corporate for a community titles scheme to the recording of a new community management statement for the scheme in the place of the existing statement for the scheme.
(2) The consent must be in the form of a resolution without dissent.
(3) However, the consent may be in the form of a special resolution if the difference between the existing statement and the new statement is limited to the following--
(a) differences in the by-laws (other than a difference in exclusive use by-laws);
(b) the identification of a different regulation module to apply to the scheme.
(4) The consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the new statement is different from the existing statement only to the extent necessary for 1 or more of the following--
(a) compliance with a provision of this Act under which the body corporate is required to lodge a request to record a new statement for a purpose stated in the provision;
(b) compliance with the order of an adjudicator, the District Court or the CCT made under this Act for the lodging of a request for the recording of the new statement;
(c) changing the community titles scheme to give effect to an approved reinstatement process;
(d) changing the community titles scheme to reflect a formal acquisition affecting the scheme;
(e) recording the details of allocations of common property or body corporate assets made under an exclusive use by-law;
(f) implementation of development proposed under the existing statement or under the provisions of a community management statement to which the existing statement is subject;
(g) showing the location of a service easement for the community titles scheme by including a services location diagram;
(h) amalgamating or subdividing lots included in the community titles scheme;
(i) reproducing the existing statement without any change of substance.
(5) However, subsection (4)(h) applies only if the associated plan of subdivision--
(a) does not affect the common property; and
(b) does not change--
(i) the contribution schedule lot entitlements, or interest schedule lot entitlements, for lots included in the scheme (other than the lots being amalgamated or subdivided under the plan); or
(ii) the total of the contribution schedule lot entitlements for the lots included in the scheme; or
(iii) the total of the interest schedule lot entitlements for the lots included in the scheme.
(6) Also, the consent to the recording of a new community management statement need not be in the form of a resolution without dissent or special resolution if the consent is required to be endorsed under section 57.
(7) A consent to which subsection (4) or (6) applies must be given by ordinary resolution if, under the regulation module applying to the scheme--
(a) consenting to the recording of a new community management statement is a restricted issue for the body corporate's committee; or
(b) the body corporate has engaged a body corporate manager to carry out the functions of a committee, and the executive members of a committee, for the body corporate.
(8) In this section--
associated plan of subdivision, for a proposed new community management statement, means the plan of subdivision proposed to be lodged with the request to record the statement.