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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - As at 22 November 2023 - Act 28 of 1997

- As at 22 November 2023 - Act 28 of 1997

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title

PART 2 - OBJECT AND ACHIEVEMENT OF OBJECT

  • 2 Primary object
  • 3 How primary object is to be achieved
  • 4 Secondary objects

PART 3 - INTERPRETATION

  • 5 Dictionary
  • 6 Use of certain tags
  • 7 Use of illustrations
  • 8 References

PART 4 - KEY TERMS AND CONCEPTS

Division 1 - Community titles scheme

Division 2 - Concept of layered arrangement

Division 3 - Utility infrastructure

Division 4 - Regulation modules

  • 21 Meaning of regulation module

CHAPTER 2 - BASIC OPERATION OF COMMUNITY TITLES SCHEMES

PART 1 - ESTABLISHMENT OF COMMUNITY TITLES SCHEMES

PART 2 - BODIES CORPORATE

PART 3 - COMMON PROPERTY

Division 1 - General provisions

Division 2 - Body corporate acquisition of, and dealing with, lot included in its own scheme

PART 4 - BODY CORPORATE ASSETS

PART 5 - LOT ENTITLEMENTS

  • 46 Lot entitlements
  • 46A Principles for deciding contribution schedule lot entitlements
  • 46B Principle for deciding interest schedule lot entitlements
  • 47 Application of lot entitlements
  • 47A Adjustment of contribution schedule by resolution without dissent
  • 47AA Dispute about resolution under s 47A
  • 47AB Procedural matters for application under s 47AA
  • 47AC Order of specialist adjudicator or QCAT on application under s 47AA
  • 47B Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT
  • 48 Adjustment of interest schedule
  • 48A Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle
  • 49 Criteria for deciding just and equitable circumstances
  • 50 Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots
  • 51 Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land
  • 51A Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land
  • 51B Limited adjustment of lot entitlement schedule—after subdivision of lot
  • 51C Limited adjustment of lot entitlement schedule—after amalgamation of lots

PART 6 - COMMUNITY MANAGEMENT STATEMENTS

PART 7 - STATUTORY EASEMENTS

  • 67 Application of pt 7
  • 68 Exercise of rights under statutory easement
  • 69 Ancillary rights and obligations
  • 70 Services location diagrams

PART 8 - REINSTATEMENT

  • 71 Application of pt 8
  • 72 Reinstatement process under court approval
  • 73 Variation and substitution of court orders
  • 74 Reinstatement process under resolution without dissent
  • 75 Registration for changes to scheme under approved reinstatement process

PART 9 - TERMINATION OF COMMUNITY TITLES SCHEMES

Division 1 - Introduction

  • 76 Purpose of pt 9

Division 2 - Termination process

  • 77 Application of div 2
  • 78 Termination of schemes
  • 79 Effecting termination of scheme
  • 80 Effect of termination on accrued charge, levy, rate or tax
  • 81 Dissolution of body corporate for terminated scheme

PART 10 - AMALGAMATION OF COMMUNITY TITLES SCHEMES

Division 1 - Introduction

Division 2 - Amalgamation process

PART 11 - CREATION OF A LAYERED ARRANGEMENT FROM EXISTING BASIC SCHEMES

Division 1 - Introduction

  • 89 General principles of creation of layered arrangement from basic schemes
  • 90 Schemes that may become a layered arrangement

Division 2 - Process for creating layered arrangement

  • 91 Agreement or court order for creation of layered arrangement
  • 92 Effecting creation of layered arrangement
  • 93 Effect of creation of layered arrangement

CHAPTER 3 - MANAGEMENT OF COMMUNITY TITLES SCHEMES

PART 1 - MANAGEMENT STRUCTURES AND ARRANGEMENTS

Division 1 - Body corporate’s general functions and powers

  • 94 Body corporate’s general functions
  • 95 Body corporate’s general powers
  • 96 Body corporate must not carry on business
  • 97 No delegation of body corporate’s powers

Division 2 - Committee for body corporate

  • 98 Application of div 2
  • 99 Composition and election of committee
  • 100 Power of committee to act for body corporate
  • 101 Procedures and powers of committee
  • 101A Protection of committee members from liability
  • 101B Code of conduct for committee voting members

Division 3 - Proxies

  • 102 Committee members’ proxies
  • 103 Proxies for body corporate meetings

Division 4 - Body corporate meetings

  • 104 Body corporate meetings
  • 105 Counting of votes for resolution without dissent
  • 106 Counting of votes for special resolution
  • 107 Counting of votes for majority resolution
  • 108 Counting of votes for ordinary resolution if no poll requested
  • 109 Request for poll
  • 110 Counting of votes for ordinary resolution if poll requested
  • 111 Voting other than at general meeting
  • 111A Protection of body corporate and committee from liability for defamation

Division 5 - Special management arrangements for specified two-lot schemes

Subdivision 1 - Preliminary
  • 111B Purpose of div 5
  • 111C Meaning of specified two-lot scheme
  • 111D Divisions 2 to 4 do not apply to specified two-lot scheme
    • Subdivision 2 - Decision making for specified two-lot schemes
  • 111E Meaning and effect of lot owner agreement
  • 111F Regulation of lot owner agreement
  • 111G Body corporate may only make decision by lot owner agreement
  • 111H Request to enter into lot owner agreement
  • 111I Amending or revoking decision of body corporate
    • Subdivision 3 - Representatives of owners of lots
  • 111J Representative of owner of lot

PART 2 - BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS

Division 1 - Body corporate manager and service contractor engagements and letting agent authorisations

Division 2 - Performance of powers of body corporate committee and executive members by body corporate manager

Division 3 - Regulations

  • 122 Regulation module

Division 4 - Protection for financier of contract

  • 123 Meaning of financier for div 4
  • 124 Requirement for financier’s address for service
  • 125 Notice of changes affecting financed contract
  • 126 Limitation on termination of financed contract
  • 127 Agreements between body corporate and financier prohibited

Division 5 - Change of regulation module

  • 128 Change of regulation module

Division 6 - (Repealed)

Division 7 - Review of terms of service contracts

  • 130 Review of terms of service contracts
  • 131 Purpose of review
  • 132 Procedure for review
  • 133 Disputes arising out of review
  • 134 Review criteria
  • 135 Other provisions about review

Division 8 - Required transfer of letting agent’s management rights

Subdivision 1 - Preliminary
  • 136 Application of div 8
  • 137 Effect of div 8 on other provisions
    • Subdivision 2 - Transfer of management rights
  • 138 Grounds for requiring transfer
  • 139 Code contravention notice
  • 140 Requirement for transfer
  • 141 Transfer—letting agent’s choice of transferee
  • 142 Giving financier copy of transfer notice
  • 143 Transfer—body corporate’s choice of transferee
  • 144 Terms of service contract on transfer
    • Subdivision 3 - Termination and replacement of letting agent authorisation and service contract
  • 145 Termination of letting agent authorisation if management rights not transferred
  • 146 Termination and replacement of letting agent authorisation and service contract in particular circumstances
    • Subdivision 4 - Reviewing terms of letting agent’s service contract
  • 147 Reviewing terms of service contract
  • 148 Review criteria
  • 149 Giving copy of review advice to letting agent and prospective buyer of management rights
    • Subdivision 5 - Disputes about transfer of management rights
  • 149A Specialist adjudication or QCAT jurisdiction

Division 9 - Disputes about contractual matters

  • 149B Specialist adjudication or QCAT jurisdiction

PART 3 - FINANCIAL AND PROPERTY MANAGEMENT

Division 1 - Financial management

  • 150 Financial management arrangements
  • 151 Body corporate’s financial institution accounts

Division 2 - Property management

  • 152 Body corporate’s duties about common property etc.
  • 153 Mail box and notice board
  • 154 Disposal of interest in and leasing or licensing of common property
  • 155 Easements
  • 156 Acquisition of amenities for benefit of lot owners
  • 157 Dealing with (including disposing of) interest in body corporate asset
  • 158 Supply of services by body corporate
  • 159 Improvements to common property
  • 160 Obligations of owners and occupiers to maintain
  • 161 Body corporate’s authority to carry out work of owners and occupiers
  • 162 Body corporate’s power to remedy defective building work
  • 163 Power to enter lot

PART 4 - CONDUCT OF OCCUPIERS

  • 164 Definition for pt 4
  • 165 Interference with easements of support or shelter
  • 166 Interference with utility services
  • 167 Nuisances

PART 5 - BY-LAWS

Division 1 - By-laws generally

  • 168 Meaning of by-laws
  • 169 Content and extent of by-laws

Division 2 - Exclusive use by-laws

  • 170 Meaning of exclusive use by-law
  • 171 Requirements for exclusive use by-law
  • 172 Identification of subject matter of exclusive use by-laws
  • 173 Regulation of exclusive use by-laws
  • 174 Making allocations
  • 175 Notifying allocations
  • 176 Notifying further allocations
  • 177 Prohibited matters for exclusive use by-laws
  • 178 Review of exclusive use by-law

Division 3 - Other matters about by-laws

  • 179 Commencement of by-laws
  • 180 Limitations for by-laws
  • 181 Guide, hearing and assistance dogs

Division 4 - By-law contraventions

Subdivision 1 - Contravention notices for schemes other than specified two-lot schemes
  • 181A Application of sdiv 1
  • 182 Continuing contravention notice
  • 183 Future contravention notice
  • 183A Copy of contravention notice to be given to owner
    • Subdivision 2 - Contravention notices for specified two-lot schemes
  • 183B Application of sdiv 2
  • 183C Continuing contravention notice
  • 183D Future contravention notice
    • Subdivision 3 - Other provisions
  • 184 Preliminary procedure for application by body corporate for resolution of dispute
  • 185 Preliminary procedure for application by owner and occupier for resolution of dispute
  • 186 Dispensing with preliminary procedures
  • 188 Who may start proceeding

PART 6 - INSURANCE

  • 189 Regulation module may require body corporate to insure
  • 190 Insurable interest
  • 191 Responsibility of original owner
  • 192 Mortgagees

CHAPTER 4 - ADMINISTRATIVE MATTERS

PART 1 - VALUATION, RATING AND TAXATION

  • 193 How lot is to be regarded for rating or taxing purposes
  • 194 Charges, levies, rates and taxes for community titles scheme
  • 195 Utility services separately measured, supplied and charged
  • 196 Utility services not separately charged for
  • 197 Registering charge on land under this Act
  • 198 Effect of scheme change on liability for charges etc.
  • 199 Apportionment of statutory charge
  • 200 No application to body corporate assets

PART 2 - RECORDS

Division 1 - Notices

  • 201 Notice of transfer and other matters
  • 202 Notice of intention not to proceed to enforce mortgage
  • 203 Body corporate may require information to be given

Division 2 - Records and provision of information

  • 204 Regulation module
  • 205 Information to be given to interested persons

CHAPTER 5 - SALE OF LOTS

PART 1A - PRELIMINARY

  • 205AA Application of ch 5 generally
  • 205A Definitions for ch 5
    • 205B. (Repealed)
  • 205C References to disclosure statement
  • 205D References to things done by or in relation to buyer or seller

PART 1 - EXISTING LOTS

  • 206 Information to be given by seller to buyer
    • 206A. (Repealed) 206B. (Repealed)
  • 207 Contents of contract
  • 208 Buyer may rely on information
  • 209 Terminating contract for inaccuracy of disclosure statement
  • 209A Terminating contract if contribution schedule lot entitlements inconsistent with contribution schedule principle
  • 210 Termination under this part
  • 211 Restriction on powers of attorney in favour of original owner

PART 2 - PROPOSED LOTS

Division 1 - Preliminary

Division 2 - Basic limitation on sale of proposed lots

Division 3 - Statements about proposed lots

  • 212B Application of div 3 if option granted
  • 213 Information to be given by seller to buyer
  • 213AA Disclosure plan requirements
    • 213A. (Repealed)
  • 214 Variation of disclosure statement by further statement
  • 215 Contents of contract
  • 216 Buyer may rely on information
  • 217 Terminating contract for inaccuracy of statement

Division 4 - Other grounds for terminating contract

  • 217A Terminating contract if lot entitlements inconsistent with deciding principle
  • 217B Terminating contract if not settled within particular period

Division 5 - Miscellaneous provisions

Subdivision 1 - Termination
  • 218 Termination under this part
    • Subdivision 2 - Amounts held in trust accounts
  • 218A Payment of particular amounts
  • 218B Amounts paid under s 218A to be held in prescribed trust account
  • 218C Disposal of amount held in prescribed trust account
  • 218D Investment of amount held in prescribed trust account
    • Subdivision 3 - Other provisions
  • 218E Security instruments
  • 218F Evidentiary provision
  • 219 Restriction on powers of attorney in favour of seller

PART 3 - IMPLIED WARRANTIES

  • 220 Definition for pt 3
  • 221 Part’s purpose
  • 222 Effect of warranties and right to terminate
  • 223 Implied warranties
  • 224 Termination for breach of warranty

PART 4 - COSTS NOT RECOVERABLE BY ORIGINAL OWNER ON THE SALE OF A LOT

  • 225 Costs incurred in entering contracts of engagement or authorisation

CHAPTER 6 - DISPUTE RESOLUTION

PART 1 - INTRODUCTION

PART 2 - COMMISSIONER FOR BODY CORPORATE AND COMMUNITY MANAGEMENT

  • 231 Appointment of commissioner
  • 232 Responsibilities
  • 233 Practice directions
  • 234 Protection of commissioner
  • 235 Delegation by commissioner

PART 3 - DISPUTE RESOLUTION OFFICERS

PART 4 - APPLICATIONS

Division 1 - Application

  • 238 Who may make an application
  • 239 How to make an application
  • 239A Content of approved form for conciliation application
  • 239B Content of approved form for adjudication application
  • 239C Continuation of application if standing of party changes
  • 240 Further information or material for applications
  • 241 Rejecting application
  • 241A Applicant to be given notice of decision to reject application
  • 242 Time limit on certain adjudication applications

Division 2 - Initial action on application

Subdivision 1 - Conciliation application
  • 242A Referral to department conciliator
    • Subdivision 2 - Adjudication application
  • 242B Definition for sdiv 2
  • 243 Notice to particular persons
  • 243A Referral to dispute resolution officer in emergency
  • 244 Notice to applicant
  • 245 Change or withdrawal of application
  • 246 Inspection of applications and submissions
  • 247 Referral of application for interim order

PART 5 - DISPUTE RESOLUTION RECOMMENDATIONS

  • 248 Dispute resolution recommendation
  • 249 Restriction on who may conduct further dispute resolution process
  • 250 Dismissing application
  • 251 Preparation for making a dispute resolution recommendation
  • 252 Making a dispute resolution recommendation for specialist mediation, conciliation or adjudication

PART 5A - DEPARTMENT CONCILIATION

  • 252A Purpose of pt 5A
  • 252B Functions of department conciliator
  • 252C Referral to department conciliator
  • 252D Starting department conciliation session
  • 252E Conduct of department conciliation session
  • 252F Representation by agent
  • 252G Further provision about representation by committee voting member as agent
  • 252H Referral back to commissioner
  • 252I Agreement reached at department conciliation session
  • 252J Particular agreements require committee ratification etc. before referral to commissioner
  • 252K Ending department conciliation
  • 252L Confidentiality

PART 6 - DISPUTE RESOLUTION CENTRE MEDIATION

  • 253 Purpose of pt 6
  • 254 Referral to dispute resolution centre
  • 255 Referral back to the commissioner

PART 7 - SPECIALIST MEDIATION AND CONCILIATION

  • 256 Purpose of pt 7
  • 257 Conditions for recommending specialist mediation or conciliation
  • 258 Referral to dispute resolution officer
  • 259 Conduct of specialist mediation and conciliation sessions
  • 260 Specialist mediation or conciliation is voluntary
  • 261 Representation by agent
  • 262 Referral back to the commissioner

PART 8 - SPECIALIST ADJUDICATION

  • 263 Purpose of pt 8
  • 264 Specialist adjudication by agreement
    • 265. (Repealed)

PART 9 - ADJUDICATION GENERALLY

Division 1 - Preliminary

  • 266 Purpose of pt 9
  • 266A Application of pt 9 to agreement referred for consent order

Division 2 - Procedural matters about adjudication

  • 267 Referral to adjudicator for specialist or department adjudication
  • 268 Department adjudication fee
  • 269 Investigation by adjudicator
    • 269A. (Repealed)
  • 270 Dismissal of applications
  • 271 Investigative powers of adjudicator
  • 272 Delegation
  • 273 Representation by agent

Division 3 - Adjudicator’s orders

  • 274 Notice of order to be given
  • 275 Referral back to commissioner
  • 276 Orders of adjudicators
  • 277 Order may be made if person fails to attend to be interviewed
  • 278 Administrator may act for body corporate etc.
  • 279 Interim orders in context of adjudication
  • 280 Order for payment of application fees
  • 281 Order to repair damage or reimburse amount paid for carrying out repairs
  • 282 Order does not prevent proceedings for offence
  • 283 Change of body corporate’s financial year
  • 284 Ancillary provisions
  • 285 Limitation on powers of adjudicator

PART 10 - ENFORCEMENT OF ADJUDICATOR’S ORDERS

  • 286 Enforcement of orders for payment of amounts
  • 287 Enforcement of other orders
  • 288 Failure to comply with adjudicator’s order

PART 11 - APPEAL FROM ADJUDICATOR ON QUESTION OF LAW

  • 288A Definition for pt 11
  • 289 Right to appeal to appeal tribunal
  • 290 Appeal
    • 291. (Repealed)
  • 292 Referral back to commissioner
    • 293. (Repealed) 293A. (Repealed)
  • 294 Jurisdiction and powers of appeal tribunal on appeal

PART 12 - MISCELLANEOUS

Division 1 - Stay of applications and proceedings

  • 294A Power to stay application and proceeding

Division 2 - Other matters

  • 295 Replacing statement to be lodged with registrar
  • 296 Privilege
  • 297 False or misleading information
  • 298 False or misleading documents
  • 299 Public access to information about orders
  • 300 Appointment of administrator for enforceable money orders
  • 301 Appointment of administrator
  • 302 Magistrates Court in which proceeding lies

CHAPTER 7 - MISCELLANEOUS

PART 1 - EXTERNAL REVIEW OF DECISIONS

  • 303 Definitions for pt 1
  • 304 External review of decisions
    • 305. (Repealed)
  • 306 Time for applying for external review
    • 307. (Repealed) 308. (Repealed)

PART 2 - OTHER MATTERS

  • 309 Associates
  • 309A Responsibility for acts or omissions of representative
  • 310 Protection of persons dealing with body corporate
  • 311 Body corporate to be taken to be owner of parcel for certain Acts etc.
  • 312 Proceedings
  • 313 Representation in planning proceedings
  • 313A Application under ch 6 or QCAT Act by group of lot owners or occupiers
  • 314 Liability of owners for monetary obligations of body corporate
  • 315 Service of notices etc.
  • 316 Powers of entry by local government, utility service provider or other authorised entity
  • 317 Restriction on irrevocable powers of attorney
  • 318 Prevention of contracting out
  • 319 Fees
  • 320 Chief executive may approve forms
  • 321 References to body corporate managers and service contractors
  • 322 Regulation-making power
  • 323 Regulation-making power—lease-back scheme

PART 3 - (Expired)

CHAPTER 8 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITION FROM 1980 ACT

Division 1 - Introduction

Division 2 - Limited continuing operation of 1980 Act

  • 327 Application of 1980 Act to plan other than for specified Act
  • 328 Application of 1980 Act to plan for specified Act

Division 3 - Saving existing 1980 Act plans

  • 329 Application of div 3
  • 330 Existing plan
  • 331 Classification of existing plan
  • 332 Administrative matters

Division 4 - Saving future 1980 Act plans

  • 333 Application of div 4
  • 334 Future plan
  • 335 Classification of future plan

Division 5 - Community management statements for new schemes

Division 6 - Special provisions for contracts

Division 7 - Miscellaneous

  • 345 Sale of lots
  • 346 Actions under disputes provisions
  • 347 References to certain Acts

PART 2 - TRANSITIONAL PROVISION FOR TOURISM, RACING AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2002

  • 348 Transitional provision for information sheets

PART 3 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2003

PART 3A - TRANSITIONAL PROVISION FOR PROPERTY AGENTS AND MOTOR DEALERS AND OTHER ACTS AMENDMENT ACT 2006

  • 354A Transitional provision for s 213

PART 4 - (Expired)

PART 5 - (Repealed)

PART 6 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2007

  • 357 Definition for pt 6
  • 358 Existing applications for adjustment of lot entitlement schedules
  • 359 Other existing applications
  • 360 Existing appeals
  • 361 Existing dispute resolution officers
  • 362 Application of code of conduct for existing committee voting members

PART 6A - TRANSITIONAL PROVISION FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AMENDMENT ACT 2009

  • 362A Section 212 to have retrospective effect

PART 7 - TRANSITIONAL PROVISIONS FOR QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL (JURISDICTION PROVISIONS) AMENDMENT ACT 2009

  • 363 Purpose of pt 7
  • 364 Definition for pt 7
  • 365 Appeal from order of an adjudicator that could have been made to the former tribunal
  • 366 Appeal from order of an adjudicator that could have been made to the District Court
  • 367 Existing appeal taken to be before QCAT or transferred to QCAT

PART 8 - TRANSITIONAL PROVISIONS FOR THE PROPERTY AGENTS AND MOTOR DEALERS AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 368 Definitions for pt 8
  • 369 Matters relating to cancellation of pre-amendment contracts
  • 370 Termination relating to particular contracts for sale of lots that are not residential property
  • 371 Termination relating to particular contracts for sale of lots that are residential property
  • 372 Termination relating to particular contracts for sale of proposed lots that are not residential property
  • 373 Termination relating to particular contracts for sale of proposed lots that are residential property

PART 9 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2011

Division 1 - Preliminary

Division 2 - Interest schedules for particular schemes

Division 3 - Effect of particular actions relating to contribution schedule lot entitlements

  • 376 Application of div 3
  • 377 Pre-commencement adjustment actions cease to have effect

Division 4 - Adjustment of contribution schedule for existing scheme to which adjustment order applies

Subdivision 1 - Definitions
  • 378 Definitions for div 4
    • Subdivision 2 - Motion for adjustment of contribution schedule
  • 379 Motion proposing adjustment of contribution schedule
    • Subdivision 3 - Dealing with motion for adjustment of contribution schedule
  • 380 Purpose of sdiv 3
  • 381 Adjustment if a lot in existing scheme has been subdivided
  • 382 Adjustment if 2 or more lots in existing scheme have been amalgamated
  • 383 Adjustment if the boundary for a lot included in existing scheme has changed
  • 384 Adjustment if material change since contribution schedule lot entitlements decided
  • 385 Body corporate committee to deal with motion if motion submitted to it
  • 386 Body corporate to call general meeting etc. if motion submitted to it
  • 387 Decision at general meeting for motion submitted to body corporate
  • 388 QCAT or specialist adjudicator deciding adjustment
  • 389 Provision about new community management statement required under this division
  • 390 Body corporate responsible for particular costs under this division

Division 5 - Other provisions

PART 10 - TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2013

Division 1 - Preliminary

Division 2 - Adjustments under part 9, division 4

  • 398 Application of s 379 (Motion proposing adjustment of contribution schedule)
  • 399 Incomplete adjustment matter ceases to have effect

Division 3 - Application of decided entitlements and reinstatement of last adjustment order entitlements

Subdivision 1 - Preliminary
  • 400 Definitions for div 3
    • Subdivision 2 - Decided entitlements
  • 401 Application of sdiv 2
  • 402 Request to give effect to relevant decision—scheme other than specified two-lot scheme
  • 403 Decision of body corporate committee
  • 404 Request to give effect to relevant decision—specified two-lot scheme
  • 405 Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404
  • 406 Order of specialist adjudicator or QCAT
    • Subdivision 3 - Last adjustment order entitlements
  • 407 Application of sdiv 3
  • 408 Relationship between sdiv 3 and pt 9, div 4
  • 409 Request for adjustment—scheme other than specified two-lot scheme
  • 410 Decision of body corporate committee
  • 411 Request for adjustment—specified two-lot scheme
  • 412 Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411
  • 413 Order of specialist adjudicator or QCAT
    • Subdivision 4 - Body corporate responsible for particular matters under division 3
  • 414 Lodgement of request to record new community management statement
  • 415 Body corporate responsible for costs under this division
    • Subdivision 5 - Modification of decided entitlements or last adjustment order entitlements
  • 416 Modification for subdivided lots
  • 417 Modification for amalgamated lot
  • 418 Modification for boundary change
  • 419 Modification for material change

Division 4 - Cancellation or termination of particular contracts

  • 420 Termination of existing contract for sale of existing lot—failure to give disclosure statement
  • 421 Cancellation of existing contract for sale of existing lot
  • 422 Termination of existing contract for sale of existing lot—inaccuracy of disclosure statement
  • 423 Termination of existing contract for sale of proposed lot—failure to give disclosure statement
  • 424 Termination of existing contract for sale of proposed lot—variation of information in disclosure statement
  • 425 Termination of existing contract for sale of proposed lot—inaccuracy of disclosure statement

Division 5 - (Repealed)

PART 11 - TRANSITIONAL PROVISIONS FOR LIQUOR AND GAMING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2013

Division 1 - Preliminary

Division 2 - Formal acquisitions happening before commencement if advice given under former section 51 or 51A

429. Application of div 2
  • 430 Process if body corporate consented to new community management statement
  • 431 Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement
  • 432 Process if body corporate has not decided lot entitlement schedule changes
  • 433 Body corporate may ask constructing authority to provide lot entitlement adjustment advice
  • 434 Application of ss 63 and 65

Division 3 - Formal acquisitions happening before commencement if advice not given under former section 51 or 51A

435. New s 51 or 51A applies to formal acquisition

PART 12 - TRANSITIONAL PROVISION FOR PROPERTY OCCUPATIONS ACT 2014

  • 436 Information sheets

PART 13 - TRANSITIONAL PROVISIONS FOR LAND SALES AND OTHER LEGISLATION AMENDMENT ACT 2014

PART 14 - SAVINGS PROVISIONS FOR JUSTICE AND OTHER LEGISLATION (COVID-19 EMERGENCY RESPONSE) AMENDMENT ACT 2020

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