Body Corporate and Community Management Act 1997 (Qld)

Body Corporate and Community Management Act 1997

An Act providing for the establishment and administration of community titles schemes, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Body Corporate and Community Management Act 1997.

Part 2    Object and achievement of object

2   Primary object

The primary object of this Act is to provide for flexible and contemporary communally based arrangements for the use of freehold land, having regard to the secondary objects.

3   How primary object is to be achieved

For the achievement of its primary object, this Act provides for—

(a)the establishment of community titles schemes; and

(b)the operation and management of community titles schemes.

4   Secondary objects

The following are the secondary objects of this Act—

(a)to balance the rights of individuals with the responsibility for self management as an inherent aspect of community titles schemes;

(b)to promote economic development by establishing sufficiently flexible administrative and management arrangements for community titles schemes;

(c)to encourage the tourism potential of community titles schemes without diminishing the rights and responsibilities of owners, and intending buyers, of lots in community titles schemes;

(d)to provide a legislative framework accommodating future trends in community titling;

(e)to ensure that bodies corporate for community titles schemes have control of the common property and body corporate assets they are responsible for managing on behalf of owners of lots included in the schemes;

(f)to provide bodies corporate with the flexibility they need in their operations and dealings to accommodate changing circumstances within community titles schemes;

(g)to provide an appropriate level of consumer protection for owners and intending buyers of lots included in community titles schemes;

(h)to ensure accessibility to information about community titles scheme issues;

(i)to provide an efficient and effective dispute resolution process.

Part 3    Interpretation

5   Dictionary

The dictionary in schedule 6 defines particular words used in this Act.

6   Use of certain tags

(1)In this Act, persons or things are sometimes given identifying tags, for example, a community titles scheme might be given the tag scheme A.

(2)An identifying tag is generally used as a shorthand way of distinguishing one person or thing from another person or thing for a provision or series of provisions in the section or division in which the tag is established and used.

(3)An identifying tag used for a provision or series of provisions may be used again, but refer to a different person or thing, in another provision or series of provisions.

7   Use of illustrations

Schedule 1 contains examples of possible structures of community titles schemes and the accompanying text illustrates the use of various expressions used in this Act.

8   References

In a provision of this Act about a community titles scheme, a reference to—

(a)scheme land, is a reference to the scheme land for the scheme; and

(b)the body corporate, is a reference to the body corporate for the scheme; and

(c)common property, is a reference to common property for the scheme; and

(d)body corporate assets, is a reference to body corporate assets for the scheme; and

(e)the community management statement, is a reference to the community management statement for the scheme; and

(f)the original owner, is a reference to the original owner for the scheme; and

(g)by-laws, is a reference to the by-laws for the scheme; and

(h)a body corporate manager, service contractor or letting agent is a reference to a body corporate manager, service contractor or letting agent for the scheme.

Part 4    Key terms and concepts

Division 1 Community titles scheme

9   Basic concept for Act—community titles scheme

(1)A community titles scheme is the basic concept for this Act.

(2)A community titles scheme can only be over freehold land.

10   Meaning of community titles scheme

(1)A community titles scheme is—

(a)a single community management statement recorded by the registrar identifying land (the scheme land); and

(b)the scheme land.

(2)Land may be identified as scheme land only if it consists of—

(a)2 or more lots; and

(b)other land (the common property for the community titles scheme) that is not included in a lot mentioned in paragraph (a).

Note—

Common property for a community titles scheme is, effectively, freehold land forming part of the scheme land but not forming part of a lot included in the scheme.

(3)Land can not be common property for more than 1 community titles scheme.

(4)For each community titles scheme, there must be—

(a)at least 2 lots; and

(b)common property; and

(c)a single body corporate; and

(d)a single community management statement.

(5)A community titles scheme is a basic scheme if all the lots mentioned in subsection (2)(a) are lots under the Land Title Act.

(6)However, under this Act, a lot may be, for its inclusion in a community titles scheme other than a basic scheme, another community titles scheme.

Note—

Schedule 1 contains examples of possible structures of community titles schemes.

11   Meaning of body corporate assets

(1)Body corporate assets, for a community titles scheme, are items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property.

Examples for subsection (1)—

1an airconditioning unit might be bought by a body corporate as a body corporate asset, but become common property when it is installed as a fixture

2a lot acquired by the body corporate under section 40

(2)Body corporate assets may consist of any property an individual is capable of acquiring.

Examples for subsection (2)—

freehold land, a lease, a licence to use land for a particular purpose, a billiard table, gardening equipment

12   Meaning of community management statement

(1)A community management statement is basic to the identification of a community titles scheme.

(2)A community management statement is a document that—

(a)identifies land; and

(b)otherwise complies with the requirements of this Act for a community management statement.

13   Meaning of original owner

(1)The original owner for a community titles scheme means each person who, immediately before the establishment of the scheme, is a registered owner of a lot that, on establishment of the scheme, becomes scheme land.

(2)If, immediately before the establishment of the scheme, land that becomes scheme land is in the possession of a person acting under the authority of a mortgage or an order of a court, the original owner includes the person acting under the authority.

14   Meaning of body corporate manager

A person is a body corporate manager for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) to supply administrative services to the body corporate, whether or not the person is also engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.

15   Meaning of service contractor

A person is a service contractor for a community titles scheme if the person is engaged by the body corporate (other than as an employee of the body corporate) for a term of at least 1 year to supply services (other than administrative services) to the body corporate for the benefit of the common property or lots included in the scheme.

Examples of services that might be provided by a service contractor—

1caretaking services

2pool cleaning services

16   Meaning of letting agent and letting agent business

(1)A person is a letting agent for a community titles scheme if the person is authorised by the body corporate to conduct a letting agent business for the scheme.

(2)A person conducts a letting agent business for a community titles scheme if the person conducts, subject to the Property Occupations Act 2014, the business of acting as the agent of owners of lots included in the scheme who choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the scheme.

(3)For subsection (2), a reference to a lot does not include a reference to a community titles scheme.

(4)It is not relevant to the identification of a person as a letting agent under this section that the person also conducts an ancillary business or other activity.

Examples of ancillary businesses or activities—

1video hire

2linen hire

3agency for tour operator

17   Meaning of lease-back scheme and lease-back scheme operator

A community titles scheme is a lease-back scheme if—

(a)the scheme is a basic scheme; and

(b)lots included in the scheme are the subject of registered or registrable leases to a person (the lease-back scheme operator); and

(c)the lease-back scheme operator is the owner for each lot included in the scheme other than the lots mentioned in paragraph (b).

Division 2 Concept of layered arrangement

18   Meaning of layered arrangement of community titles schemes

(1)A layered arrangement of community titles schemes is a grouping of community titles schemes—

(a)in which there is 1 community titles scheme (the principal scheme) that—

(i)is not a lot included in another community titles scheme; and

(ii)is made up of—

(A)the scheme land for all other community titles schemes in the grouping; and

(B)its own common property; and

(C)each lot (if any) that is not a community titles scheme, but that is included in the scheme; and

(b)in which there is at least 1 basic scheme; and

(c)in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.

Note—

See schedule 1, parts 2 and 3 for examples of layered arrangements of community titles schemes.

(2)Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes—

(a)is a subsidiary scheme for the principal scheme; and

(b)unless it is a lot included in the principal scheme—may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.

(3)A subsidiary scheme, for a community titles scheme (scheme A), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.

(4)In this Act, the expression included in, if used in the context of the inclusion of a lot in a community titles scheme, establishes the relationship the lot has to the scheme and, in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.

(5)The diagram and notes in schedule 1, part 3 illustrate more comprehensively how the expression ‘included in’ is used.

19   Provisions about lots that are community titles schemes

If a community titles scheme (scheme A) includes a lot that is another community titles scheme (scheme B)—

(a)a reference in this Act to the owner of the lot is a reference to the body corporate for scheme B; but

(b)a reference in this Act to a lot included in scheme A does not include a reference to scheme B if the provision is about—

(i)the subdivision of a lot; or

(ii)the indefeasible title for a lot; or

(iii)a lease or mortgage of a lot; or

(iv)the occupier or registered proprietor of a lot.

Division 3 Utility infrastructure

20   Utility infrastructure as common property

(1)Common property for a community titles scheme includes all utility infrastructure forming part of scheme land, other than—

(a)utility infrastructure that is—

(i)a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and

(ii)installed after 1 January 2008, under a permit issued under the Plumbing and Drainage Act 2018 or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002, on infrastructure supplying water to a lot or land that is common property for the community titles scheme; or

Note—

Under the Water Supply (Safety and Reliability) Act 2008, section 35, the devices mentioned in subparagraph (i) are the property of the service provider supplying the water under that Act.

(b)utility infrastructure, other than utility infrastructure mentioned in paragraph (a), that is—

(i)solely related to supplying utility services to a lot; and

(ii)within the boundaries of the lot (according to the way the boundaries of the lot are defined in the plan of subdivision under which the lot is created); and

(iii)located other than within a boundary structure for the lot.

(2)However, common property does not include utility infrastructure positioned within common property if—

(a)its positioning is the subject of an agreement to which the original owner or the body corporate is a party; and

(b)under the agreement, ownership of the utility infrastructure does not pass to the original owner or body corporate.

Example of utility infrastructure for subsection (2)—

cable television wires positioned in the service shaft of a multistorey building that is scheme land for a community titles scheme, if the wires remain in the ownership of a cable television provider

(3)In this section—

boundary structure, for a lot included in a community titles scheme, means a floor, wall or ceiling, other than a false ceiling, in which is located the boundary of the lot with another lot or common property.

Division 4 Regulation modules

21   Meaning of regulation module

(1)A regulation module is a regulation under this Act that states it is a regulation module for this Act.

(2)A regulation module applies to a community titles scheme if the community management statement identifies the module as the regulation module applying to the scheme.

(3)A regulation module does not apply to a community titles scheme (scheme A), despite anything in the community management statement, if—

(a)the regulation module states circumstances that must exist for a community titles scheme if the regulation module is to apply to the scheme; and

(b)the circumstances do not exist for scheme A.

(4)A regulation module applies to a community titles scheme if—

(a)the regulation module states that it is the regulation module that applies to a community titles scheme if no other regulation module applies to it; and

(b)no other regulation module applies to the scheme including, for example, because the community management statement for the scheme—

(i)fails to identify a regulation module as the regulation module applying to the scheme; or

(ii)identifies as the regulation module applying to the scheme a regulation module that, under subsection (3), does not apply to the scheme.

(5)A community titles scheme must have only 1 regulation module applying to it.

(6)Different regulation modules may apply to different community titles schemes in a layered arrangement of community titles schemes.

Chapter 2    Basic operation of community titles schemes

Part 1    Establishment of community titles schemes

22   Names of community titles schemes

The name of a community titles scheme is made up of—

(a)an identifying name shown in the community management statement; and

(b)the words ‘community titles scheme’; and

(c)the unique identifying number allocated under the Land Title Act, section 115E(2).

Example of name of community titles scheme—

Seaview community titles scheme 1234

23   Reservation of name

A name may be reserved under the Land Title Act, section 115F, as the identifying name to be shown in the community management statement for a proposed community titles scheme.

24   Establishment of community titles scheme

(1)A community titles scheme is established by—

(a)firstly, the registration, under the Land Title Act, of a plan of subdivision for identifying the scheme land for the scheme; and

(b)secondly, the recording by the registrar of the first community management statement for the scheme.

(2)A community titles scheme is established when the first community management statement for the scheme is recorded.

25   Changing scheme by new community management statement

(1)A community titles scheme may be changed by, or in conjunction with, the recording of a new community management statement.

(2)The community titles scheme is changed when the new statement is recorded.

26   Changing structure of scheme

(1)A layered arrangement of community titles schemes is established if a lot included in a basic scheme is subdivided to create a new community titles scheme.

(2)A layered arrangement of community titles schemes may be changed by the progressive subdivision of lots to create subsidiary schemes.

Note—

Schedule 1, part 5 gives an example of progressive subdivision to create subsidiary schemes.

27   Establishing structures through combination

(1)A new community titles scheme may be established if the new scheme includes, in addition to common property for the new scheme—

(a)an already existing community titles scheme and 1 or more lots that are not community titles schemes; or

(b)2 or more already existing community titles schemes, whether or not lots that are not community titles schemes are also included.

(2)For example, if 2 community titles schemes have already been established, a new community titles scheme could be established with the lots included in the new scheme constituted by the existing 2 schemes.

(3)However, a community titles scheme may be established under this section only if—

(a)the titling and subdivisional arrangements needed for the establishment are carried out under the Land Title Act; and

(b)the new scheme that is established is—

(i)consistent with the requirements of this Act for a community titles scheme; and

(ii)a principal scheme.

Note—

Schedule 1, part 6 gives an example of the operation of this section.

28   Enlarging the number of lots through progressive subdivision

The number of lots included in a community titles scheme could be increased (and the establishment or enhancement of a layered arrangement of community titles schemes avoided) through the progressive subdivision of lots under the Land Title Act, part 6A, to create further lots included in the scheme.

Note—

Schedule 1, part 4 gives an example of the operation of this section.

29   Notice about change of scheme being developed progressively

(1)This section applies if—

(a)a community titles scheme is intended to be developed progressively; and

(b)the developer intends to change the scheme in a way that, if carried out—

(i)would affect the nature of the development or 1 or more stages of the development; and

(ii)would not be consistent with the current development approval for the scheme.

(2)The developer must give written notice of the change as required under this section to—

(a)the body corporate; and

(b)each person who has entered into a contract with the developer to buy a proposed lot in the scheme.

Maximum penalty for subsection (2)—300 penalty units.

(3)The notice must be given at least 30 days before the developer applies for development approval for the changed scheme.

Part 2    Bodies corporate

30   Creation of body corporate for community titles scheme

When a community titles scheme is established, a body corporate is created, and is the body corporate for the scheme.

31   Membership of body corporate for community titles scheme

The members of the body corporate for a community titles scheme are the owners of all lots included in the scheme.

Notes—

1If a lot included in the community titles scheme is itself a community titles scheme, the owner of the lot is the body corporate for the other scheme—see section 19.

2Schedule 1, parts 7 and 8 illustrate body corporate memberships.

32   Corporations Act does not apply to body corporate

The Corporations Act does not apply to a body corporate.

33   Name of body corporate

(1)The name of the body corporate for a community titles scheme is the words ‘Body corporate for’ plus the name of the scheme.

Example of name—

Body corporate for Seaview community titles scheme 1234

(2)The body corporate for a community titles scheme may sue and be sued in its corporate name.

34   [Repealed]

Part 3    Common property

Division 1 General provisions

35   Ownership of common property

(1)Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.

(2)Subsection (1) applies even though, under the Land Title Act, the registrar creates an indefeasible title for the common property for a community titles scheme.

(3)An owner’s interest in a lot is inseparable from the owner’s interest in the common property.

Examples—

1A dealing affecting the lot affects, without express mention, the interest in the common property.

2An owner can not separately deal with or dispose of the owner’s interest in the common property.

(4)If the occupier of a lot is not the lot’s owner, a right the owner has under this Act to the occupation or use of common property is enjoyed by the occupier.

(5)The way the body corporate for a community titles scheme (scheme A) may enjoy the occupation and use of the common property for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.

(6)If a body corporate is authorised under this Act to enter into a transaction affecting common property, it may enter into the transaction, and execute documents related to the transaction, in its own name, as if it were the owner of an estate of fee simple in the common property.

36   Rights and responsibilities for common property

(1)The body corporate for a community titles scheme may sue and be sued for rights and liabilities related to the common property as if the body corporate were the owner of the common property.

Example—

If a person, including the owner of a lot included in the community titles scheme, damages the common property, the body corporate may sue to recover the loss arising from the damage.

(2)For common property other than common property for which an entity other than the body corporate is the occupier, the body corporate may sue and be sued as if the body corporate were the occupier.

Example—

If a person is injured while on the common property (other than common property for which an entity other than the body corporate is the occupier), an action claiming failure by the occupier to exercise a proper standard of care lies against the body corporate.

(3)If, before a community titles scheme is established, a contract is entered into to have work carried out on land that becomes scheme land—

(a)the body corporate is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is common property; and

(b)a lot owner is, on the establishment of the scheme, subrogated to the rights (if any) of the original owner under the contract to the extent that the contract applies to work affecting scheme land that is the lot.

37   Creating common property (no new scheme)

(1)If authorised by resolution without dissent, the body corporate for a community titles scheme may acquire, and incorporate with the common property for the scheme—

(a)land in fee simple contiguous to scheme land; or

(b)a lot included in the scheme.

(2)Subsection (1) applies only if—

(a)the titling and subdivisional arrangements needed for the acquisition are carried out under the Land Title Act; and

(b)the scheme, as changed by the creation of the new common property, is consistent with the requirements of this Act for a community titles scheme.

38   Creating common property by subdivision (no new scheme)

(1)This section applies if—

(a)a lot included in a community titles scheme (scheme A) is subdivided by a plan of subdivision; and

(b)the lots created under the plan of subdivision become lots in scheme A.

(2)Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.

(3)However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.

39   Creating common property from scheme land (new scheme)

(1)This section applies if a lot included in a community titles scheme (scheme A) is subdivided and becomes a new community titles scheme.

(2)Land in the subdivided lot that does not become scheme land for the new scheme could become common property for scheme A.

(3)However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.

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

40   Acquisition for letting agent purposes

(1)This section applies to the body corporate for a community titles scheme if the original owner control period for the scheme has ended.

(2)The body corporate may acquire a lot included in the scheme if—

(a)the lot is to become common property for use solely for—

(i)a residence for a letting agent or service contractor (each a body corporate lessee) for the scheme; or

(ii)a residence for the letting agent and an office for conducting the letting agent business; and

(b)the body corporate, by resolution without dissent, authorises the acquisition for the use.

41   Lease

If the body corporate acquires a lot under section 40, the body corporate must—

(a)incorporate the lot with common property for the scheme; and

(b)lease the part of the common property that is the incorporated lot (the lessee common property) to the body corporate lessee for a period not longer than the term of the person’s authorisation as letting agent or engagement as a service contractor.

42   Prohibition on benefits

(1)The body corporate must not receive, whether directly or indirectly, an amount or benefit by way of a premium for the lease.

(2)If an amount or benefit is given to or accepted by the body corporate in contravention of subsection (1), the person who paid the amount or conferred the benefit may recover from the body corporate the amount, or the value of the benefit, as a debt.

(3)Subsection (1) does not apply to an amount or benefit representing fair market value for an entitlement conferred by the body corporate under the lease.

43   Effect of ending of authorisation

(1)If the body corporate lessee’s authorisation as a letting agent or engagement as service contractor ends, whether by termination or otherwise—

(a)the lease ends immediately; and

(b)if the lessee common property is no longer to be used for a purpose mentioned in section 40(2)(a), the body corporate must convert the lessee common property to a lot in the scheme.

(2)In incorporating a lot with common property under section 41(a), or in converting lessee common property to a lot under subsection (1)(b), the body corporate must ensure any necessary titling and subdivisional arrangements are carried out under the Land Title Act.

44   Body corporate interest in lot included in its own scheme

The body corporate for a community titles scheme may have an interest in a lot included in the scheme if the interest is—

(a)a registered easement for 1 or more basic utility services for the scheme; or

(b)an interest acquired in a lot for section 37 or 40.

Part 4    Body corporate assets

45   Ownership and enjoyment of body corporate assets

(1)The body corporate for a community titles scheme holds the body corporate assets beneficially.

(2)Property can not be a body corporate asset for more than 1 community titles scheme, although a body corporate asset may comprise a share as tenant in common in an item of property, including, for example, property in which the body corporate for another community titles scheme also has a share.

(3)A body corporate may (in the way and to the extent this Act provides) acquire, and dispose of, a body corporate asset, but must not, except to the extent permitted under a regulation module, mortgage, or otherwise create a charge over, the asset.

(4)The way the body corporate for a community titles scheme (scheme A) may use the body corporate assets for a community titles scheme for which scheme A is a subsidiary scheme is subject to the community management statement for each scheme for which scheme A is a subsidiary scheme.

Part 5    Lot entitlements

46   Lot entitlements

(1)A lot entitlement, for a lot included in a community titles scheme, means the number allocated to the lot in the contribution schedule or interest schedule in the community management statement.

(2)The contribution schedule is the schedule in a community management statement containing each lot’s contribution schedule lot entitlement.

(3)The interest schedule is the schedule in a community management statement containing each lot’s interest schedule lot entitlement.

(4)The contribution schedule lot entitlement, for a lot, means the number allocated to the lot in the contribution schedule.

(5)The interest schedule lot entitlement, for a lot, means the number allocated to the lot in the interest schedule.

(6)A lot entitlement must be a whole number, but must not be 0.

(7)For the contribution schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with either—

(a)the equality principle; or

(b)the relativity principle.

(8)For the interest schedule for a community titles scheme established after the commencement of this subsection, the respective lot entitlements must be consistent with the market value principle.

(9)In deciding the contribution schedule lot entitlements for a community titles scheme under subsection (7)(a), or the interest schedule lot entitlements for a community titles scheme under subsection (8), regard must be had to—

(a)how the scheme is structured; and

(b)the nature, features and characteristics of the lots included in the scheme; and

(c)the purposes for which the lots are used.

(10)A change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

46A   Principles for deciding contribution schedule lot entitlements

(1)The equality principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must be equal, except to the extent to which it is just and equitable in the circumstances for them not to be equal.

Examples of circumstances in which it may be just and equitable for lot entitlements not to be equal—

•a layered arrangement of community titles schemes, the lots of which have different uses (including, for example, car parking, commercial, hotel and residential uses) and different requirements for public access or maintenance

•a commercial community titles scheme in which the owner of 1 lot uses a larger volume of water or conducts a more dangerous or higher risk activity than the owners of the other lots

(2)The relativity principle for deciding contribution schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must clearly demonstrate the relationship between the lots by reference to 1 or more particular relevant factors.

(3)A relevant factor for subsection (2) may, and may only, be any of the following—

(a)how the community titles scheme is structured;

(b)the nature, features and characteristics of the lots;

(c)the purposes for which the lots are used;

(d)the impact the lots may have on the costs of maintaining the common property;

(e)the market values of the lots.

46B   Principle for deciding interest schedule lot entitlements

(1)The market value principle for deciding interest schedule lot entitlements for the lots included in a community titles scheme is the principle that the lot entitlements must reflect the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.

(2)The following apply for working out the market values of lots included in a community titles scheme—

(a)if a lot included in the scheme is a subsidiary scheme, the market value of the lot is the market value of the scheme land for the subsidiary scheme;

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

47   Application of lot entitlements

(1)This section states the general principles for the application of lot entitlements to a community titles scheme, but has effect subject to provisions of this Act providing more specifically for the application of lot entitlements.

(2)The contribution schedule lot entitlement for a lot is the basis for calculating—

(a)the lot owner’s share of amounts levied by the body corporate, unless the extent of the lot owner’s obligation to contribute to a levy for a particular purpose is specifically otherwise provided for in this Act; and

Note—

The regulation module applying to a community titles scheme might provide that a lot owner’s contribution to some or all of the insurance required to be put in place by the body corporate is to be calculated on the basis of the lot’s interest schedule lot entitlement.

(b)other than for the owner of a lot included in a specified two-lot scheme, the value of the lot owner’s vote for voting on an ordinary resolution if a poll is conducted for voting on the resolution.

(3)The interest schedule lot entitlement for a lot is the basis for calculating—

(a)the lot owner’s share of common property; and

(b)if the scheme is terminated under chapter 2, part 9, division 2 or 3—the lot owner’s interest on termination of the scheme, including the lot owner’s share in body corporate assets on termination of the scheme; and

(c)the value of the lot, for the purpose of a charge, levy, rate or tax that is payable directly to a local government, the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 or other authority and that is calculated and imposed on the basis of value.

(4)Neither the contribution schedule lot entitlement nor the interest schedule lot entitlement for a lot is used for the calculation of the liability of the owner or occupier of the lot for the supply of a utility service to the lot if the amount of the utility service supplied to each lot is capable of separate measurement, and the owner or occupier is billed directly.

47A   Adjustment of contribution schedule by resolution without dissent

(1)The body corporate for a community titles scheme, by resolution without dissent, may change the contribution schedule lot entitlements for the lots included in the scheme.

(2)The notice of the meeting at which the resolution is proposed to be passed must state, or be accompanied by a written notice stating—

(a)the proposed changes to the contribution schedule lot entitlements; and

(b)the reasons for the proposed changes to the contribution schedule lot entitlements.

(3)The changed contribution schedule lot entitlements must be consistent with either—

(a)the deciding principle for the existing contribution schedule lot entitlements; or

(b)another principle, if it is a contribution schedule principle.

(4)For subsection (3), if the deciding principle for the existing contribution schedule lot entitlements is the relativity principle based on 1 or more particular relevant factors (the original factors), the changed contribution schedule lot entitlements may—

(a)under subsection (3)(a), be consistent with the relativity principle based on the same particular relevant factors; or

(b)under subsection (3)(b), be consistent with—

(i)the relativity principle based on 1 or more particular relevant factors that, when considered as a whole, are different to the original factors considered as a whole; or

(ii)another contribution schedule principle.

(5)The body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.

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.

(6)The new community management statement must be prepared and recorded at the expense of the body corporate.

47AA   Dispute about resolution under s 47A

(1)This section applies if a body corporate for a community titles scheme (the scheme) considers a motion under section 47A to change the contribution schedule lot entitlements for the lots included in the scheme.

(2)If the body corporate passes the motion by resolution without dissent (the resolution) under section 47A, an owner of a lot included in the scheme may apply under subsection (3) if the owner—

(a)was the owner of a lot included in the scheme when the body corporate passed the resolution; and

(b)believes that the contribution schedule lot entitlements as changed by the resolution (the changed entitlements) are not consistent with whichever of the principles (the relevant principle) mentioned in section 47A(3)(a) or (b) was used as the basis for the change.

(3)The owner may apply—

(a)under chapter 6 for an order of a specialist adjudicator that the changed entitlements are not consistent with the relevant principle; or

(b)as provided under the QCAT Act, for an order of QCAT, exercising the tribunal’s original jurisdiction, that the changed entitlements are not consistent with the relevant principle.

(4)Except as provided in subsection (3) and section 47AC—

(a)an owner of a lot included in the scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about the changed entitlements; and

(b)QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine a dispute about the changed entitlements.

(5)Without limiting subsection (4), a department adjudicator or a specialist adjudicator under chapter 6 has no jurisdiction to determine a dispute about whether or not a body corporate acted reasonably under section 94(2) in deciding to pass, or not to pass, a resolution under section 47A.

47AB   Procedural matters for application under s 47AA

(1)This section applies if an owner of a lot included in a community titles scheme makes an application under section 47AA(3).

(2)Despite any other law or statutory instrument, the respondent to the application 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.

(3)If the owner applies under section 47AA(3)(a) for an order of a specialist adjudicator under chapter 6—

(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 of a lot included in the scheme who elects, under subsection (3)(a), to become a respondent to the application must give written notice of the election to the body corporate.

47AC   Order of specialist adjudicator or QCAT on application under s 47AA

(1)This section applies if, on an application under section 47AA(3), the specialist adjudicator or QCAT makes an order that the changed entitlements are not consistent with the relevant principle.

(2)The body corporate must not lodge a request under section 47A(5).

(3)Subsection (4) applies if the body corporate lodged a request (the original request) under section 47A(5) before the specialist adjudicator or QCAT made the order.

(4)The body corporate must, as quickly as practicable after the specialist adjudicator or QCAT makes the order, lodge a request to record a new community management statement for the scheme that incorporates the contribution schedule lot entitlements that applied to the lots included in the scheme immediately before the body corporate passed the resolution under section 47A.

Maximum penalty—100 penalty units.

(5)However, the body corporate need not lodge a request under subsection (4) if—

(a)the community management statement mentioned in the original request has not been recorded when the specialist adjudicator or QCAT makes the order; and

(b)after the specialist adjudicator or QCAT makes the order, the body corporate is able to withdraw the original request; and

(c)as a result of the body corporate withdrawing the original request, the community management statement mentioned in the original request is not recorded.

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.

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.

48   Adjustment of interest 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 an interest schedule; or

(b)as provided under the QCAT Act, for an order of QCAT exercising the tribunal’s original jurisdiction for the adjustment of an interest schedule.

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

(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 QCAT must be consistent with the market value principle, as applied in relation to the respective market values of the lots included in the scheme when the order is made.

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

Maximum penalty for subsection (6)—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.

48A   Criteria for deciding whether contribution schedule lot entitlements consistent with deciding principle

(1)This section applies if an application is made under section 47B(3) for an order of a specialist adjudicator or QCAT for an adjustment of the contribution schedule for a community titles scheme.

(2)This section sets out the only matters to which the specialist adjudicator or QCAT may have regard for deciding whether the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.

(3)The specialist adjudicator or QCAT may have regard to only—

(a)the deciding principle for the contribution schedule lot entitlements; and

(b)the information about the application of the deciding principle to the lots included in the scheme that is included in the community management statement; and

(c)if the contribution schedule lot entitlements were decided on the equality principle, the matters to which the specialist adjudicator or QCAT may have regard under section 49; and

(d)the matters raised by the applicant to support the assertion that the contribution schedule lot entitlements are not consistent with the deciding principle for the lot entitlements; and

(e)the matters (if any) raised by each respondent to support the assertion that the contribution schedule lot entitlements are consistent with the deciding principle for the lot entitlements.

49   Criteria for deciding just and equitable circumstances

(1)This section applies if an application is made for an order of a specialist adjudicator or QCAT for the adjustment of a lot entitlement schedule, decided on the equality principle or market value principle.

(2)This section sets out matters to which the specialist adjudicator or QCAT may, and may not, have regard for deciding—

(a)for a contribution schedule—if it is just and equitable in the circumstances for the respective lot entitlements not to be equal; and

(b)for an interest schedule—if it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots.

(3)However, the matters the specialist adjudicator or QCAT may have regard to for deciding a matter mentioned in subsection (2) are not limited to the matters stated in this section.

(4)The specialist adjudicator or QCAT may have regard to—

(a)how the community titles scheme is structured; and

(b)the nature, features and characteristics of the lots included in the scheme; and

(c)the purposes for which the lots are used.

(5)The specialist adjudicator or QCAT may not have regard to any knowledge or understanding the applicant had, or any lack of knowledge or misunderstanding on the part of the applicant, at the relevant time, about—

(a)the lot entitlement for the subject lot or other lots included in the community titles scheme; or

(b)the purpose for which a lot entitlement is used.

(6)In this section—

relevant time means the time the applicant entered into a contract to buy the subject lot.

subject lot means the lot owned by the applicant.

50   Limited adjustment of lot entitlement schedule—with agreement of owners of 2 or more lots

(1)This section applies if the owners of 2 or more lots included in a community titles scheme—

(a)agree in writing to change the lot entitlements of the lots; and

(b)under the agreed change (the change), the total lot entitlements of the lots subject to the change (the changing lots) is not affected; and

(c)the registered mortgagee and lessee (if any) of each of the changing lots has consented to the change; and

(d)the owners of the changing lots have advised the body corporate in writing of the change.

(2)The body corporate must, as quickly as practicable, lodge a request to record a new community management statement reflecting the adjustment agreed to.

Maximum penalty—100 penalty units.

(3)The new statement must be prepared and recorded at the expense of the owners of the changing lots.

51   Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land

(1)This section applies if a constructing authority—

(a)by written notice, advises the body corporate for a community titles scheme, other than a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge—

(i)a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967, section 12A; and

(ii)a request to record a new community management statement for the scheme as required under section 56(1) and the Land Title Act, section 115J; and

(b)with the notice mentioned in paragraph (a), gives to the body corporate—

(i)a copy of the proposed new plan of subdivision; and

(ii)independent professional advice (the lot entitlement adjustment advice) from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and

Examples of an appropriate person—

•lawyer

•registered valuer

(iii)a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.

Note—

For the adjustment of the lot entitlement schedules for a specified two-lot scheme in similar circumstances, see section 51A.

(2)Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must call and hold a general meeting of its members to decide any changes to the proposed new community management statement to take account of the boundary change.

(3)Any required changes set out in the lot entitlement adjustment advice must—

(a)be consistent with the deciding principle for the 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 lot entitlements—

(i)for contribution schedule lot entitlements—be just and equitable; or

(ii)for interest schedule lot entitlements—be consistent with the market value principle.

(4)The notice of the meeting must state or be accompanied by a copy of the lot entitlement adjustment advice.

(5)Within 4 months after receiving the notice under subsection (1), the body corporate must—

(a)do both of the following—

(i)endorse the body corporate’s consent on the new community management statement;

(ii)give the constructing authority the endorsed new community management statement; or

(b)give the constructing authority a written notice stating—

(i)that the body corporate will consent to the new community management statement if changes are made to the statement; and

(ii)the changes that the body corporate wants made to the statement; or

(c)give the constructing authority written notice that the body corporate does not consent to the new community management statement.

(6)If the body corporate gives the constructing authority an endorsed new community management statement under subsection (5)(a), the constructing authority may lodge a request to record the endorsed new statement.

(7)If subsection (6) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1), the constructing authority may lodge a request to record a new community management statement that—

(a)if the body corporate has given the constructing authority a written notice under subsection (5)(b)—includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1)(b)(iii) only to the extent it includes those changes and changes of no substance (if any); or

(b)if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1)(b)(iii), or is different only to the extent that it includes changes of no substance.

(8)Before lodging a request to record a new community management statement under subsection (7), the constructing authority must sign and date the new statement.

(9)The registrar may record a new community management statement mentioned in subsection (7) despite section 54(2) and the Land Title Act, section 115K(1)(d).

(10)The constructing authority is responsible for the costs of—

(a)obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and

(b)preparing and recording the new community management statement under this section.

(11)For applying the Acquisition of Land Act 1967, section 20, the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following—

(a)obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to reflect the formal acquisition;

Examples of an appropriate person—

•lawyer

•registered valuer

(b)holding or attending the meeting in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;

(c)obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.

51A   Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land

(1)This section applies if a constructing authority—

(a)by written notice, advises the body corporate for a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge—

(i)a new plan of subdivision for the scheme as required under the Acquisition of Land Act 1967, section 12A; and

(ii)a request to record a new community management statement for the scheme as required under section 56(1) and the Land Title Act, section 115J; and

(b)with the notice mentioned in paragraph (a), gives to the body corporate—

(i)a copy of the proposed new plan of subdivision; and

(ii)independent professional advice (the lot entitlement adjustment advice) from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and

Examples of an appropriate person—

•lawyer

•registered valuer

(iii)a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged.

(2)Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must decide by a lot owner agreement to either—

(a)change the proposed new community management statement to take account of the boundary change; or

(b)not change the proposed new community management statement.

(3)Any required changes set out in the lot entitlement adjustment advice must—

(a)be consistent with the deciding principle for the 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 lot entitlements—

(i)for contribution schedule lot entitlements—be just and equitable; or

(ii)for interest schedule lot entitlements—be consistent with the market value principle.

(4)Within 4 months after receiving the notice under subsection (1), the body corporate must—

(a)do both of the following—

(i)endorse the body corporate’s consent on the new community management statement;

(ii)give the constructing authority the endorsed new community management statement; or

(b)give the constructing authority a written notice stating—

(i)that the body corporate will consent to the new community management statement if changes are made to the statement; and

(ii)the changes that the body corporate wants made to the statement; or

(c)give the constructing authority written notice that the body corporate does not consent to the new community management statement.

(5)If the body corporate gives the constructing authority an endorsed new community management statement under subsection (4)(a), the constructing authority may lodge a request to record the endorsed new statement.

(6)If subsection (5) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1), the constructing authority may lodge a request to record a new community management statement that—

(a)if the body corporate has given the constructing authority a written notice under subsection (4)(b)—includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1)(b)(iii) only to the extent it includes those changes and changes of no substance (if any); or

(b)if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1)(b)(iii), or is different only to the extent that it includes changes of no substance.

(7)Before lodging a request to record a new community management statement under subsection (6), the constructing authority must sign and date the new statement.

(8)The registrar may record a new community management statement mentioned in subsection (6) despite section 54(2) and the Land Title Act, section 115K(1)(d).

(9)The constructing authority is responsible for the costs of—

(a)obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and

(b)preparing and recording the new community management statement under this section.

(10)For applying the Acquisition of Land Act 1967, section 20, the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following—

(a)obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to reflect the formal acquisition;

Examples of an appropriate person—

•lawyer

•registered valuer

(b)preparing the lot owner agreement under subsection (2) in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition;

(c)obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition.

51B   Limited adjustment of lot entitlement schedule—after subdivision of lot

(1)This section applies if a lot in a community titles scheme (the pre-subdivision lot) is subdivided into 2 or more lots (the post-subdivision lots).

(2)However, this section does not apply to—

(a)the subdivision of a lot in a community titles scheme intended to be developed progressively if the circumstances mentioned in section 57(2) or (3) apply to the scheme in relation to the subdivision; or

(b)a lot in a community titles scheme subdivided into 2 or more lots, one of which is a subsidiary scheme.

(3)The owners of the post-subdivision lots must—

(a)decide the lot entitlements for the post-subdivision lots by apportioning the lot entitlement for the pre-subdivision lot to the post-subdivision lots—

(i)consistently with the deciding principle for the lot entitlement; or

(ii)if there is no apparent deciding principle for the lot entitlement—according to the respective market values of the lots, except to the extent to which it is just and equitable in the circumstances for the individual lot entitlements not to reflect the respective market values of the lots; and

(b)give the body corporate written notice of the lot entitlements for the post-subdivision lots.

(4)If the body corporate is given written notice under subsection (3)(b), the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.

Maximum penalty—100 penalty units.

(5)The new community management statement must be prepared and recorded at the expense of the owners of the post-subdivision lots.

51C   Limited adjustment of lot entitlement schedule—after amalgamation of lots

(1)This section applies if 2 or more lots in a community titles scheme (the pre-amalgamation lots) are amalgamated into 1 lot (the post-amalgamation lot).

(2)The lot entitlement for the post-amalgamation lot is the total of the lot entitlements for the pre-amalgamation lots.

(3)The owner of the post-amalgamation lot must give the body corporate written notice of the lot entitlement for the post-amalgamation lot.

(4)If the body corporate is given written notice under subsection (3), the body corporate must, as quickly as practicable, lodge a request to record a new community management statement incorporating the change.

Maximum penalty—100 penalty units.

(5)The new community management statement must be prepared and recorded at the expense of the owners of the pre-amalgamation lots.

Part 6    Community management statements

52   Recording of community management statement

A community management statement has no effect unless it is recorded.

53   First community management statement

The first community management statement for a community titles scheme must be signed by the person who, on the establishment of the scheme, becomes the original owner.

54   Subsequent community management statement

(1)The existing statement for a community titles scheme can not be amended, but a new community management statement for the scheme may be recorded in the place of the existing statement.

(2)The new community management statement may be recorded only if the body corporate—

(a)consents, under section 62, to the recording of the new statement; and

(b)endorses its consent on the new statement.

Note—

See, however, sections 51(9) and 51A(8).

(3)For giving the consent, the body corporate need not have before it the new community management statement in the form in which it is to be recorded.

55   Requirements for motion to change community management statement

(1)Subject to subsection (2), a motion proposing to change an existing community management statement for a community titles scheme may be submitted by only—

(a)the committee for the body corporate; or

(b)the owner of a lot included in the scheme; or

(c)the body corporate manager.

(2)The body corporate manager may submit the motion if the body corporate manager may, under the regulation module applying to the scheme, submit the motion.

(3)This section does not apply to a specified two-lot scheme.

Note—

See chapter 3, part 1, division 5, subdivision 2 about decision making for specified two-lot schemes.

56   New statements and subsequent plans of subdivision

(1)A request to record a new community management statement for a community titles scheme must be lodged when a new plan of subdivision affecting the scheme (including affecting a lot in, or the common property for, the scheme) is lodged.

(2)A request to record a new community management statement for a community titles scheme may be lodged, and the new statement may be recorded for the scheme, even though a plan of subdivision is not lodged, if all plans of subdivision relating to the scheme, and the new statement, will still be consistent after the new statement is recorded.

57   Other matters about new statements for schemes developed progressively

(1)This section applies—

(a)only to a community titles scheme intended to be developed progressively; and

Examples for paragraph (a)—

1the subdivision of scheme land to create further lots for the scheme or to establish a subsidiary scheme

2the excision of a lot from, or the addition of a lot to, scheme land

(b)if the circumstances stated in subsection (2) or (3) also apply to the scheme.

(2)For subsection (1)(b), the circumstances are—

(a)a new plan of subdivision proposed to be lodged for the scheme—

(i)is consistent with all statements about proposed future subdivision contained in the existing community management statement for the scheme; or

(ii)is inconsistent with the existing community management statement only to the extent the development of a stage is to be done out of order; and

(b)the difference between the existing statement and a new community management statement required under section 56(1) is limited to ensuring that, after registration of the new plan of subdivision and recording of the new statement, the scheme’s community management statement will—

(i)be consistent with all plans of subdivision for the scheme that are registered under the Land Title Act; and

(ii)contain the statements about proposed future subdivision that are contained in the existing statement, changed only to the extent necessary to take account of the registration of the new plan of subdivision.

(3)Alternatively, for subsection (1)(b), the circumstances are that a new plan of subdivision proposed to be lodged for the development is inconsistent with the existing community management statement for the scheme because the plan changes the scheme in a way that affects the nature of the development or 1 or more stages of the development.

Examples of changes affecting the nature of a development for subsection (3)—

1A development for a scheme intended to be a resort is changed to a development comprising only standard format lots for residential purposes.

2A stage of a development comprising standard format lots for residential purposes and a marina is changed to a stage comprising only standard format lots for residential purposes.

(4)For subsection (2)(a)(ii), the development of a stage is done out of order if it is not consistent with the order of the development of the stages stated in a development approval or the existing community management statement for the scheme.

(5)The developer must—

(a)prepare the new community management statement required under section 56(1) for the scheme; and

(b)give the new statement to the body corporate.

(6)The body corporate must, within 30 days after receiving the new statement, endorse its consent on the statement.

Maximum penalty—50 penalty units.

(7)However, if this section applies because of the circumstances stated in subsection (3), the body corporate is not required to endorse its consent on the statement unless—

(a)the developer has—

(i)given the body corporate a notice as required under section 29(2)(a); and

(ii)obtained development approval for the changed scheme; and

(b)the new community management statement is consistent with each development approval for the changed scheme; and

(c)the local government or MEDQ has, under section 60, endorsed a community management statement notation on the new community management statement.

(8)The developer must, within 30 days after receiving the endorsed statement, lodge a request to record the statement.

Maximum penalty for subsection (8)—300 penalty units.

(9)Within 14 days after the new statement is recorded, the developer must give to the body corporate—

(a)a copy of the new statement; and

(b)evidence of its recording.

Maximum penalty for subsection (9)—300 penalty units.

(10)The developer is responsible for the costs of preparing and recording the new community management statement.

58   Community management statement for higher scheme prevails

(1)If a community titles scheme (scheme A) is a subsidiary scheme, scheme A’s community management statement (other than the unaffected provisions) has effect subject to the community management statement for each community titles scheme for which scheme A is a subsidiary scheme.

(2)In subsection (1)—

unaffected provisions means—

(a)the lot entitlement schedules in scheme A’s community management statement; and

(b)the provisions of scheme A’s community management statement prescribed under a regulation applying to scheme A.

Example—

The community management statement for the principal scheme in a layered arrangement of community titles schemes prevails over the provisions (other than the lot entitlement schedules and the provisions prescribed under subsection (2)(b)) of the community management statement for each other community titles scheme forming part of the layered arrangement.

59   Taking effect of community management statement

(1)A community management statement takes effect under the Land Title Act, section 115L(3).

(2)The community management statement for a community titles scheme is binding on—

(a)the body corporate; and

(b)each member of the body corporate; and

(c)to the extent that paragraphs (a) and (b) do not apply to bind a person—

(i)each person who is a registered proprietor of a lot included in the scheme; and

(ii)each person who is a registered proprietor of common property; and

(d)to the extent that paragraphs (b) and (c) do not apply to bind a person—

(i)each person who is the occupier of a lot included in the scheme; and

(ii)each person who is an occupier of common property.

(3)Subsection (2) has effect as if the community management statement included mutual covenants to observe its provisions entered into by each person bound by it.

60   Community management statement notation

(1)Subject to subsection (6), a community management statement proposed to be recorded for a community titles scheme may be recorded only if each relevant planning body for the scheme has endorsed on the statement a certificate (a community management statement notation).

(2)In a community management statement notation a relevant planning body for a community titles scheme states only that it has noted the community management statement.

(3)Subject to subsection (4), a relevant planning body must endorse a community management statement notation on the proposed community management statement.

(4)For a community titles scheme intended to be developed progressively, a relevant planning body for the scheme is not required to endorse a community management statement notation on the proposed community management statement if there is an inconsistency between a provision of the statement and—

(a)if the relevant planning body is a local government—a lawful requirement of, or an approval given by, the local government under the Planning Act; or

(b)if the relevant planning body is MEDQ—a lawful requirement of, or an approval given by—

(i)a local government under the Planning Act; or

(ii)MEDQ under the Economic Development Act 2012; or

(c)the planning instrument of the relevant planning body; or

(d)a lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body.

Example for subsection (4)—

A relevant planning body that is a local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under its planning instrument. However, the relevant planning body would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning instrument is made.

(5)For subsection (4), a provision of the statement is not inconsistent with a planning instrument only because—

(a)the planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and

(b)the provision requires the person to obtain the body corporate’s permission before doing the act or engaging in the activity on scheme land.

(6)Despite subsection (1), a new community management statement may be recorded without the endorsement on it of any community management statement notation that is otherwise required if—

(a)there is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4); or

Example for paragraph (a)—

The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements.

(b)any difference between the statements is limited to changes to reflect—

(i)a lot entitlement adjustment agreed to under section 50; or

(ii)a formal acquisition affecting the scheme; or

(iii)a change in a services location diagram for the scheme; or

(iv)the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40.

(7)If a relevant planning body for the scheme does not endorse a community management statement notation within 40 days after the community management statement is submitted for endorsement under this section, or refuses to endorse the notation—

(a)the person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court; and

(b)the court is required to hear and decide the appeal.

(8)An appeal under subsection (7) is started by lodging a written notice of appeal with the registrar of the court.

(9)The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.

(10)The Planning and Environment Court Act 2016, part 5 applies, with necessary changes, to the appeal as if—

(a)the appeal were a Planning Act appeal under that Act; and

(b)the relevant planning body were the only other party to the appeal.

(11)The appellant for the appeal must give a copy of the notice of appeal to the relevant planning body within 10 business days after starting the appeal.

(12)In this section—

planning instrument, of a relevant planning body, means—

(a)if the body is a local government—

(i)its planning scheme under the Planning Act; or

(ii)an instrument of the local government having effect as if it were a planning scheme of the local government; or

(b)if the body is MEDQ—a relevant development instrument under the Economic Development Act 2012.

relevant planning body, for a community titles scheme, means—

(a)to the extent scheme land is or is proposed to be located in a priority development area—MEDQ; and

(b)to the extent scheme land is or is proposed to be located in a local government area but not in a priority development area—the local government for the local government area.

61   Giving copy of community management statement

(1)This section applies if any of the following is recorded for a community titles scheme—

(a)a community management statement that, under section 60(4), is not endorsed with a community management statement notation;

(b)a community management statement containing a lot entitlement for a lot included in the scheme that is different from the lot entitlement for the lot contained in the previous statement recorded for the scheme;

(c)a community management statement that, under section 60, is endorsed with a community management statement notation by MEDQ.

(2)The body corporate must give a copy of the statement to—

(a)each local government in whose local government area scheme land is located; and

(b)if any scheme land is in a priority development area and MEDQ has not endorsed the statement under section 60—MEDQ.

(3)The copy must be given—

(a)for a statement other than a statement to which section 57 applies—within 14 days after the statement is recorded; or

(b)for a statement to which section 57 applies—within 14 days after the body corporate receives a copy of the statement under section 57(9).

62   Body corporate to consent to recording of new statement

(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 QCAT made under this Act for the lodging of a request for the recording of the new statement;

23An order appointing an administrator, and authorising the administrator to perform—

(a)obligations of the body corporate, its committee, or a member of the committee under this Act or the community management statement; or

(b)obligations of the body corporate under another Act.

24If satisfied a decision to pass or not pass a motion at a general meeting of the body corporate was unreasonable—an order declaring that a motion was invalid or giving effect to the motion as proposed, or a variation of the motion as proposed.

25If satisfied that a decision made by a lot owner agreement was unreasonable—an order—

(a)declaring that the decision was at all times void; or

(b)giving effect to a variation of the lot owner agreement.

26If satisfied that an owner of a lot included in a specified two-lot scheme was unreasonable in not entering into a lot owner agreement following a request from the owner of the other lot—an order—

(a)giving effect to the decision proposed by the owner of the other lot; or

(b)giving effect to a variation of the decision proposed by the owner of the other lot.

Schedule 5A Incomplete adjustment matter

section 397, definition incomplete adjustment matter

Column 1	Column 2
Appeal, application, decision, motion or order	Condition or conditions
a motion submitted to the committee for a body corporate under section 379(2)(a)	the committee has not decided the motion
a motion submitted to a body corporate under section 379(2)(b)	the body corporate has not decided the motion
a decision of a committee for a body corporate under section 385(4)	1  the committee has decided (with or without changes under sections 381 to 384) to change the contribution schedule lot entitlements for the lots included in the scheme to the pre-adjustment order entitlements 2  the body corporate has not lodged a request under section 385(6) to record a new community management statement
a decision of a body corporate under section 387(2)	1  the body corporate has decided (with or without changes under sections 381 to 384) to change the contribution schedule lot entitlements for the lots included in the scheme to the pre-adjustment order entitlements 2  the body corporate has not lodged a request under section 387(4) to record a new community management statement
an application under section 385(8) or 387(6)	1  the body corporate has not lodged a request under section 385(6) or 387(4) to record a new community management statement 2  the specialist adjudicator or QCAT has not decided the application
an order under section 388(5) on an application made under section 385(8) or 387(6)	1  the body corporate has not lodged a request under section 385(6) or 387(4) to record a new community management statement 2  the specialist adjudicator or QCAT has, under section 388(5), ordered an adjustment of the contribution schedule 3  the body corporate has not lodged a request under section 388(8) to record a new community management statement
an appeal against an order made under section 388(5) by the specialist adjudicator or QCAT	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  the appeal entity has not decided the appeal
an order of an appeal entity on an appeal against an order made under section 388(5) by the specialist adjudicator or QCAT	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  the appeal entity has ordered an adjustment of the contribution schedule for the scheme 3  the body corporate has not yet lodged a request to record a new community management statement as ordered by the appeal entity
an application under section 389(4)	1  the body corporate has not lodged a request under chapter 8, part 9, division 4 to record a new community management statement 2  QCAT has not decided the application
an order of QCAT under section 389(4)	1  the body corporate has not lodged a request under chapter 8, part 9, division 4 to record a new community management statement 2  QCAT has ordered the body corporate to lodge a request to record a new community management statement within a stated period 3  the body corporate has not yet lodged a request to record a new community management statement as ordered by QCAT
an application under chapter 6 for resolution of a division 4 dispute	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  the dispute resolution process under chapter 6 has not been completed
a division 4 dispute decision	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  the decision of the department adjudicator or specialist adjudicator has not been carried out
an appeal to QCAT against a division 4 dispute decision	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  QCAT has not decided the appeal
a decision of QCAT on an appeal against a division 4 dispute decision	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  QCAT’s decision has not been carried out
a proceeding brought in a court or tribunal with relevant jurisdiction, for enforcement of a division 4 dispute decision	1  the body corporate has not lodged a request under section 385(6), 387(4) or 388(8) to record a new community management statement 2  the proceeding is not finalised

Schedule 6 Dictionary

section 5

1980 Act see section 326.

1980 Act plan see section 326.

adjudication application means an application, other than a conciliation application, made under chapter 6 for the resolution of a dispute.

adjudicator means a person appointed—

(a)under section 236 as a department adjudicator; or

(b)under chapter 6, part 8, as a specialist adjudicator.

adjustment order—

(a)for chapter 8, part 9, division 4, see section 378; and

(b)for chapter 8, part 10, division 3, see section 400.

affected person, for an application, means a person, other than a party to the application, who would be directly and materially affected by the outcome sought by the application.

Examples—

1For an application by the owner of a lot in a community titles scheme against the body corporate about a body corporate decision relating to a service contract, the service contractor could be an affected person.

2For an application by the owner of a lot in a community titles scheme against the body corporate about proposed body corporate expenditure of a significant nature, other lot owners are likely to be affected persons.

3For an application by the owner of a lot in a community titles scheme against the body corporate seeking waiver of a penalty for late payment of a contribution, other lot owners are unlikely to be affected persons.

aggrieved person—

(a)for chapter 6, part 11, see section 289(1)(c); or

(b)for chapter 7, part 1, see section 303.

agreed allocation see section 171(1)(b)(ii).

alternative insurance, for a body corporate for a community titles scheme, means insurance that is not—

(a)the insurance required under the regulation module applying to the scheme; or

(b)the body corporate’s self-insurance.

alternative insurance order see section 189(4)(a)(ii).

amended chapter 5, for chapter 8, part 8, see section 368.

amending Act—

(a)for chapter 8, part 6, see section 357; and

(b)for chapter 8, part 10 and schedule 5A, see section 397.

annual general meeting, for the body corporate for a community titles scheme, means a general meeting by that name held under the regulation module applying to the scheme.

appeal body ...

appeal entity—

(a)for chapter 8, part 9, division 3, see section 376(4); and

(b)for chapter 8, part 10 and schedule 5A, see section 397.

appeal tribunal means the appeal tribunal under the QCAT Act.

application—

(a)for chapter 6, means—

(i)generally, an adjudication application or a conciliation application; and

(ii)for part 4, division 2, subdivision 2, see section 242B; or

(b)for chapter 7, part 1, see section 303.

appropriately qualified, for the delegation of a power to a person, includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

approved form see section 320.

approved reinstatement process means a process for reinstating a building approved under section 72 or 74.

assistance dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.

associate of a person means someone else with whom the person is associated under section 309.

attach ...

auditor, for an audit for a community titles scheme—

(a)means a person who—

(i)is a registered company auditor; or

(ii)has the qualifications and experience in accountancy approved under the regulation module applying to the community titles scheme; and

(b)includes an unincorporated body of auditors.

authorised allocation see section 171(1)(b)(i).

base allocation period see section 174.

basic scheme see section 10.

basic utility service means any of the following utility services—

(a)water reticulation or supply;

(b)gas reticulation or supply;

(c)electricity;

(d)telephone;

(e)computer data or television;

(f)a sewer system;

(g)drainage.

body corporate means a body corporate created under this Act for a community titles scheme.

body corporate assets see section 11.

body corporate certificate see section 205(4).

body corporate contract, for a community titles scheme, see section 342.

body corporate information certificate ...

body corporate lessee see section 40.

body corporate manager see section 14.

building includes a fixed structure.

building format see the Land Title Act, schedule 2.

building format lot see the Land Title Act, schedule 2.

by-laws see section 168.

cadastral surveyor, for chapter 5, part 2, see section 211A.

caretaking service contractor, for a community titles scheme, means a service contractor for the scheme who is also—

(a)a letting agent for the scheme; or

(b)an associate of the letting agent.

CCT ...

CCT Act ...

ceiling ...

changed entitlements, for chapter 8, part 9, division 4, see section 378.

code contravention notice, see section 139(1).

code of conduct means—

(a)for a committee voting member—the code in schedule 1A; or

(b)for a body corporate manager or caretaking service contractor—the code in schedule 2; or

(c)for a letting agent—the code in schedule 3.

commencement—

(a)for chapter 8, part 1, see section 326; or

(b)for chapter 8, part 8, see section 368; or

(c)for chapter 8, part 9, see section 374; or

(d)for chapter 8, part 10 and schedule 5A, see section 397; or

(e)for chapter 8, part 11, see section 427.

commissioner means the commissioner for body corporate and community management.

committee, for a body corporate, means a committee established under this Act for the body corporate.

committee voting member see section 101B(1).

common property see section 10.

community management statement see section 12.

community management statement notation see section 60.

community titles scheme see section 10.

complex dispute means—

(a)a matter for which an application mentioned in section 47AA(3)(a), 47B(3)(a), 48(1)(a), 81G, 385(8)(a), 387(6)(a), 405(2)(a) or 412(2)(a) is, or may be, made; or

(b)a dispute mentioned in section 133, 149A, 149B or 178.

conciliation application means an application made under chapter 6, part 4 for the resolution of a dispute by department conciliation.

consent order, for an application made under chapter 6, means an order made with the consent of each party to the application.

constructing authority see the Acquisition of Land Act 1967, section 2.

continuing contravention notice means a continuing contravention notice under section 182, 182A or 183C.

contract, for chapter 3, part 2, division 4, means the contract or other arrangement under which a person is engaged as a service contractor, or authorised as a letting agent, for a community titles scheme.

contractor, for a contract, for chapter 3, part 2, division 4 means a person who, under the contract, is engaged as a service contractor, or authorised as a letting agent.

contractual matter, about an engagement or authorisation of a body corporate manager, service contractor or letting agent, means—

(a)a contravention of the terms of the engagement or authorisation; or

(b)the termination of the engagement or authorisation; or

(c)the exercise of rights or powers under the terms of the engagement or authorisation; or

(d)the performance of duties under the terms of the engagement or authorisation.

contravention notice means a continuing contravention notice or a future contravention notice.

contribution schedule see section 46.

contribution schedule lot entitlement see section 46.

contribution schedule principle means a principle under section 46 applicable to deciding the contribution schedule lot entitlements for the lots included in a community titles scheme.

court, for chapter 2, part 9, see section 77.

damage, to property, includes destruction of the property.

debt dispute see section 229A(7).

decided entitlements see section 400.

deciding principle, for lot entitlements, means the principle on which the lot entitlements were decided, whether or not the principle is or has been identified as an applicable principle for deciding the lot entitlements under this Act as in force from time to time.

decision, for chapter 7, part 1, see section 303.

decision maker ...

department adjudication means adjudication of a dispute under chapter 6 by a department adjudicator.

department adjudicator means a person holding appointment as a department adjudicator under section 236(1) or (3)(b).

department conciliation means conciliation of a dispute under chapter 6 by a department conciliator.

department conciliation session includes action taken for making arrangements for a department conciliation session or in the follow-up of the session.

department conciliator means a person holding appointment as a department conciliator under section 236(1) or (3)(b).

deposit see the Land Title Act, schedule 2.

developer, for a community titles scheme intended to be developed progressively, means the original owner or other person responsible for developing the scheme.

development includes—

(a)the enlargement, erection, refurbishment or rebuilding of, or the making of structural alterations to, a building; or

(b)the carrying out of work in, on, over or under land or water; or

(c)the use of land or water or of a building, or work on, over or under land or water; or

(d)the subdivision or amalgamation of land.

development approval means—

(a)a development approval under the Planning Act; or

(b)a PDA development approval under the Economic Development Act 2012.

disclosure statement, for chapter 5, see section 205A.

dispute—

(a)generally, includes complaint; and

(b)for chapter 6, see section 227.

dispute resolution centre see the Dispute Resolution Centres Act 1990, section 2.

dispute resolution officer means a department conciliator, specialist mediator, specialist conciliator or an adjudicator, appointed under the dispute resolution provisions.

dispute resolution process means—

(a)department conciliation; or

(b)dispute resolution centre mediation; or

(c)specialist mediation; or

(d)specialist conciliation; or

(e)department adjudication; or

(f)specialist adjudication.

dispute resolution provisions means the provisions of chapter 6.

dispute resolution service means the service provided for in chapter 6 for resolving disputes.

division 4 dispute see section 397.

division 4 dispute decision see section 397.

economic reasons for termination, for chapter 2, part 9, division 4, see section 81A.

economic reasons resolution, for chapter 2, part 9, division 4, see section 81.

electronic communication ...

enforceable money order see the Uniform Civil Procedure Rules 1999, section 793.

equality principle, in relation to contribution schedule lot entitlements, see section 46A(1).

exclusive use by-law see section 170.

executive member, of the committee for a body corporate for a community titles scheme, means the chairperson, secretary or treasurer of the body corporate.

exempted provisions, for a body corporate contract for a community titles scheme, see section 342.

existing 1980 Act plan see section 326.

existing scheme—

(a)for chapter 8, part 9, division 4, see section 378; and

(b)for chapter 8, part 10, division 3, see section 400.

existing service contract means a service contract—

(a)entered into on or after 13 July 1997 and before the commencement of section 130; and

(b)to which, under section 344, the exempted provisions for a body corporate contract for a community titles scheme do not apply.

existing statement, for a community titles scheme, means the community management statement recorded for the scheme.

extended allocation period see section 174.

facilitator, appointed by a body corporate, for chapter 2, part 9, division 4, see section 81M(2).

financed contract means a contract for which there is a financier.

financial year, of the body corporate for a community titles scheme (other than a community titles scheme established for an existing 1980 Act plan under the transitional provisions), means—

(a)the period from the establishment of the scheme until the end of the month immediately before the month when the first anniversary of the establishment of the scheme falls, and each successive period of 1 year from the end of the first financial year; or

(b)if an adjudicator changes the financial year of the body corporate—the period fixed by the adjudicator as the financial year and each successive period of 1 year from the end of the period; or

(c)if, under section 321A, the body corporate changes the financial year—the period adopted by the body corporate as the financial year under that section and each successive period of 1 year from the end of the period; or

(d)if the period of the financial year is changed by both the adjudicator and the body corporate—the period commencing from the most recent change and each successive period of 1 year from the end of the period.

financier, for chapter 3, part 2, division 4, see section 123.

formal acquisition, affecting a community titles scheme, means an acquisition, including an acquisition by agreement, that—

(a)is made of a lot included in, or common property for, the scheme; and

(b)is made under the Acquisition of Land Act 1967 by a constructing authority for a purpose set out in the schedule to that Act.

former, for chapter 8, part 10 and schedule 5A, see section 397.

future 1980 Act plan see section 326.

future contravention notice means a future contravention notice under section 183, 183AA or 183D.

general meeting, for the body corporate for a community titles scheme, means a meeting of that type held under the regulation module applying to the scheme.

given, to the commissioner, in relation to an application or submission mentioned in chapter 6, means the application or submission is actually received by the commissioner.

guide dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.

hearing dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.

improvement includes—

(a)the erection of a building; and

(b)a structural change; and

(c)a non-structural change, including, for example, the installation of air conditioning.

Note—

Change includes addition—see the Acts Interpretation Act 1954, schedule 1, definition change.

included in see section 18.

incomplete adjustment matter see section 397.

indefeasible title see the Land Title Act, schedule 2.

insurer, of a building, means a person who has given a policy of insurance for insuring the building against loss or damage.

interested person (layered arrangement), for a community titles scheme included in a layered arrangement of community titles schemes, means the following—

(a)the body corporate for another scheme that is included in the layered arrangement;

(b)the owner or occupier of a lot included in another scheme that is included in the layered arrangement.

interest schedule see section 46.

interest schedule lot entitlement see section 46.

internal dispute resolution means the resolution of a dispute by the parties to the dispute using informal processes or the community titles scheme’s body corporate processes.

Examples—

•by the parties communicating with each other

•by writing to the committee for the body corporate

•by presenting a motion for consideration at a general meeting of the body corporate

Land Title Act means the Land Title Act 1994.

last adjustment order see section 400.

last adjustment order entitlements see section 400.

law practice, for chapter 5, part 2, see section 211A.

layered arrangement, for chapter 2, part 11, see section 89.

layered arrangement of community titles schemes see section 18.

lease, for chapter 2, part 9, see section 77.

lease-back scheme see section 17.

lease-back scheme operator see section 17.

leasehold interest, for chapter 2, part 9, see section 77.

lessee, for chapter 2, part 9, see section 77.

lessee common property see section 41.

letting agent see section 16.

letting agent business see section 16.

lodge see the Land Title Act, schedule 2.

lot means—

(a)a lot under the Land Title Act, but if the lot is included in a community titles scheme other than a basic scheme, the lot could be another community titles scheme; or

(b)for chapter 5, part 3, see section 220.

lot entitlement see section 46.

lot entitlement schedule, in a community management statement, means—

(a)the contribution schedule in the statement; or

(b)the interest schedule in the statement.

lot owner agreement see section 111E.

made, to the commissioner, in relation to an application or submission mentioned in chapter 6, means the application or submission is actually received by the commissioner.

majority resolution means a resolution under section 107.

management rights, of a letting agent for a community titles scheme, means—

(a)the letting agent business for the scheme, including the letting agent authorisation; and

(b)the business conducted by the letting agent under a service contract for the scheme, including the service contract; and

(c)the letting agent’s interest in a lot used for conducting a business mentioned in paragraph (a) or (b); and

(d)any right of the letting agent to use and occupy a part of the common property for a business mentioned in paragraph (a) or (b).

market value principle, in relation to interest schedule lot entitlements, see section 46B(1).

material change—

1

A material change, for a community titles scheme, is a change that has, or may have, a significant effect on the contribution schedule lot entitlements for the lots included in the scheme, including, for example—

(a)the addition of 1 or more lots, other than by a subdivision not involving the addition of a subsidiary scheme; or

(b)the removal of 1 or more lots, other than by an amalgamation.

2

However, if a community titles scheme is intended to be developed progressively, a change arising from development proposed in the community management statement for the scheme is not a material change for the scheme.

mediator means a person appointed as a specialist mediator under the dispute resolution provisions.

MEDQ means MEDQ under the Economic Development Act 2012.

mortgage includes a charge on a lot, or an interest in a lot, for securing money or money’s worth.

mortgagee in possession, of a lot included in a community titles scheme, means a mortgagee who has taken steps to enforce a mortgage of the lot and has notified the body corporate of the intention to enforce the mortgage (whether or not the mortgagee has actually gone into possession of the lot), but does not include a mortgagee who has notified the body corporate of a decision not to proceed with enforcement of the mortgage.

new scheme, for chapter 8, part 1, see section 326.

notification day see section 342.

obstruct includes hinder, resist and attempt to obstruct.

occupier, of a lot included in a community titles scheme—

(a)means—

(i)a resident owner or resident lessee of the lot, or someone else who lives on the lot; or

(ii)a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot; and

(b)for chapter 3, part 4, see section 164; and

(c)for chapter 6, see section 226.

order, for an application under chapter 6 for the resolution of a dispute, includes—

(a)an order dismissing the application; and

(b)for chapter 6, part 11, see section 288A.

ordinary resolution means—

(a)if no poll is requested—a resolution under section 108; or

(b)if a poll is requested—a resolution under section 110.

original owner—

(a)generally, see section 13; and

(b)for chapter 8, part 1, division 6, see section 342.

original owner control period means the period in which—

(a)the body corporate is constituted solely by the original owner; or

(b)the original owner owns, or has an interest in, the majority of lots in the scheme or, in any other way, controls the voting of the body corporate.

owner, of a lot (other than a lot that is a community titles scheme) included in a community titles scheme, means—

(a)the person who is, or is entitled to be, the registered owner of the lot, and includes—

(i)a mortgagee in possession of the lot; and

(ii)if, under the Land Title Act, 2 or more persons are the registered owners, or are entitled to be the registered owners, of the lot—each of the persons; and

(b)for chapter 6, see section 226.

parties ...

party, to an application, means the applicant or the respondent to the application.

PDA by-law means a by-law made by MEDQ under the Economic Development Act 2012.

Planning Act means the Planning Act 2016.

planning scheme ...

plan of subdivision see the Land Title Act, schedule 2.

power, for sections 119 to 121 and 353, includes doing an act or making a decision for the purpose of performing a function.

pre-adjustment order entitlements—

(a)for chapter 8, part 9, division 4, see section 378; and

(b)for chapter 8, part 10 and schedule 5A, see section 397.

pre-amended provisions, for chapter 8, part 8, see section 368.

pre-amendment contract, for chapter 8, part 8, see section 368.

pre-amendment non-residential contract, for chapter 8, part 8, see section 368.

pre-amendment residential contract, for chapter 8, part 8, see section 368.

pre-commencement adjustment action see section 376(1).

prescribed trust account, for chapter 5, part 2, see section 211A.

president means the president under the QCAT Act.

pre-termination report, for chapter 2, part 9, division 4, see section 81C.

principal registrar means the principal registrar under the QCAT Act.

principal scheme see section 18.

priority development area means a priority development area under the Economic Development Act 2012.

proportionate, in relation to the contribution schedule or interest schedule lot entitlement of a lot included in a scheme, means the proportion the lot entitlement of the lot bears to the total contribution schedule lot entitlements, or total interest schedule lot entitlements, of all lots included in the scheme.

proposed lot, for chapter 5, part 2, see section 211A.

public trustee, for chapter 5, part 2, see section 211A.

QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2) for the decision.

real estate agent, for chapter 5, part 2, see section 211A.

reallocation agreement means an agreement in writing under which 2 or more owners of lots for which allocations are in place under an exclusive use by-law agree to redistribute the allocations between the lots.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably considers means considers on grounds that are reasonable in all the circumstances.

recognised entity, for chapter 5, part 2, see section 211A.

recorded, for a community management statement, means recorded by the registrar under the Land Title Act.

records, for a body corporate, means the rolls, registers and other documents kept by the body corporate under this Act (including under the regulation module applying to the scheme).

Note—

See the Acts Interpretation Act 1954, schedule 1, definition document, for what may constitute a document.

registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act, part 9.2.

registered mortgagee, of a lot included in a community titles scheme, means a person who is a registered proprietor of the lot as a mortgagee.

registered owner see the Land Title Act, schedule 2.

registered proprietor see the Land Title Act, schedule 2.

registered valuer means a valuer registered under the Valuers Registration Act 1992.

registrable lease means a lease capable of registration under the Land Title Act.

registrar means the registrar of titles.

regulation module see section 21.

related dispute, to a debt dispute, see section 229A(6).

relativity principle, in relation to contribution schedule lot entitlements, see section 46A(2) and (3).

relevant decision—

(a)for chapter 8, part 9, division 4, see section 378; or

(b)for chapter 8, part 10, division 3, see section 400.

relevant person, for an application, means a person mentioned in section 227(1) as a party to the dispute the subject of the application.

residential property—

(a)for chapter 5, see section 205A; or

(b)for chapter 8, part 8, see section 368.

resolution without dissent means a resolution under section 105.

respondent, to an application, means—

(a)for an application for an order mentioned in section 47B(3)(a), 48(1)(a), 385(8)(a) or 387(6)(a)—

(i)the body corporate for the community titles scheme to which the application relates; and

(ii)each owner of a lot who is joined as a respondent to the application under section 47B(5)(a), 48(3)(a) or 388(3)(a); or

(b)for another application—the person against whom the application is made.

reviewable terms, for a service contract—

(a)for chapter 3, part 2, division 7, see section 131; or

(b)for chapter 3, part 2, division 8, means the terms of the contract that provide for—

(i)the functions and powers of the letting agent as a service contractor; or

(ii)the remuneration payable to the letting agent as a service contractor.

review advice, about a service contract, for chapter 3, part 2, division 8, means written advice about whether the contract’s reviewable terms—

(a)are currently fair and reasonable; and

(b)if the reviewable terms are not currently fair and reasonable—how the reviewable terms should be changed to ensure they are fair and reasonable.

review criteria, for chapter 3, part 2, division 7, means the criteria stated in section 134.

reviewing party see section 130.

review motion see section 147(1)(b).

review period means—

(a)

for a service contract entered into after the commencement of section 130 (the commencement) for a term of not longer than 3 years—the first of the following periods to end—

(i)the period of the term;

(ii)the period ending immediately before the contract is first extended or varied; or

(b)for a service contract entered into after the commencement that is for a term longer than 3 years—the later of the following periods to end—

(i)3 years after the start of the term;

(ii)1 year after the annual general meeting next held after the original owner control period ends; or

(c)for an existing service contract that is for a term ending after the commencement—the first of the following periods to end—

(i)the period ending 31 December 2004;

(ii)the period ending immediately before the service contract is first extended or varied after the commencement.

scheme A, for a layered arrangement, see section 91(1).

scheme B, for a layered arrangement, see section 91(1).

scheme C, for a layered arrangement, see section 91(1) and (2).

scheme land see section 10.

service contract means a contract entered into with a person for the engagement of the person as a service contractor for a community titles scheme.

service contractor see section 15.

service easement, for a community titles scheme, means a statutory easement for—

(a)supplying basic utility services to lots included in, and common property for, the scheme; or

(b)establishing and maintaining utility infrastructure for supplying the services.

services location diagram means a diagram, complying with the registrar’s directions about its required format, showing the location of service easements for a community titles scheme.

short lease, for chapter 2, part 9, see section 77.

small scheme means a community titles scheme to which all of the following apply—

(a)the scheme is a basic scheme;

(b)there is no letting agent for the scheme;

(c)there are no more than 6 lots included in the scheme;

(d)the Body Corporate and Community Management (Small Schemes Module) Regulation 2008.

smoking product has the meaning given by the Tobacco and Other Smoking Products Act 1998, schedule, definition smoking product, paragraph (c).

specialist adjudication means adjudication of a dispute under chapter 6 by a specialist adjudicator.

specialist adjudicator means a person to whom an application is referred under section 267.

specialist conciliation means conciliation of a dispute under chapter 6 by a specialist conciliator.

specialist conciliator means a person to whom an application is referred under section 258 for specialist conciliation.

specialist mediation means mediation of a dispute under chapter 6 by a specialist mediator.

specialist mediator means a person to whom an application is referred under section 258 for specialist mediation.

special resolution means a resolution under section 106.

specified Act see section 326.

specified two-lot scheme see section 111C.

specified two-lot schemes module means a regulation module under this Act that may apply to only specified two-lot schemes within the meaning of section 111C(1) or (2).

standard format see the Land Title Act, schedule 2.

standard format lot see the Land Title Act, schedule 2.

statutory easement means an easement provided for in the Land Title Act, part 6A, division 5.

subsidiary scheme see section 18.

termination issues, for chapter 2, part 9, see section 77.

termination plan, for chapter 2, part 9, division 4, see section 81B(1).

termination plan resolution, for chapter 2, part 9, division 4, see section 81.

termination resolution, for chapter 2, part 9, division 4, see section 81.

term limitation provision see section 342.

transfer notice, for chapter 3, part 2, division 8, see section 140(b).

transitional provisions means the provisions of chapter 8, part 1.

UDA by-law ...

urban development area ...

urban land development authority ...

utility infrastructure means—

(a)cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are supplied with utility services; and

(b)a device for measuring the reticulation or supply of a utility service.

utility service means—

(a)water reticulation or supply; or

(b)gas reticulation or supply; or

(c)electricity supply; or

(d)air conditioning; or

(e)a telephone service; or

(f)a computer data or television service; or

(g)a sewer system; or

(h)drainage; or

(i)a system for the removal or disposal of garbage or waste; or

(j)another system or service designed to improve the amenity, or enhance the enjoyment, of lots or common property.

utility service provider means the supplier of a utility service to scheme land.

volumetric format see the Land Title Act, schedule 2.

volumetric format lot see the Land Title Act, schedule 2.

wall includes a door, window or other structure forming part of the wall.

warning statement ...

writing, for exercising or confirming a vote, includes an electronic communication.