Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 91

(1) Two or more basic schemes (scheme A and scheme B) may become a layered arrangement if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent--

(a) to become a layered arrangement (scheme C); and

(b) to the community management statement being recorded for scheme C; and

(c) if the existing community management statements for schemes A and B will no longer be accurate after the layered arrangement is created--to new community management statements being recorded for schemes A and B.

(2) Alternatively, schemes A and B may become a layered arrangement if the District Court, on the application of the owner of a lot included in scheme A or scheme B or the body corporate for scheme A or scheme B, decides it is just and equitable for the schemes to become a layered arrangement (also scheme C), and makes an appropriate order.

(3) If schemes A and B are to become a layered arrangement under subsection (1) or (2), the District Court may make an order, if it considers it is just and equitable to make the order, about--

(a) the contents of the community management statements for each of schemes A, B and C; or

(b) the disposition of liabilities that, immediately before the creation of the layered arrangement, are liabilities of the body corporate for scheme A or scheme B.

(4) The court may make an order under subsection (3) on application by the body corporate for scheme A or B.