Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 113

113 No consideration for engagement or authorisation

(1) The body corporate for a community titles scheme must not seek or accept the payment of an amount, or the conferral of a benefit, for—

(a) the engagement of a person as a service contractor for the scheme (including a replacement or renewal of an engagement of the person as a service contractor); or

(b) the authorisation of a person as a letting agent for the scheme (including a replacement or renewal of an authorisation of the person as a letting agent); or

(c) extending the term of—

(i) an engagement of a person as a service contractor for the scheme; or

(ii) an authorisation of a person as a letting agent for the scheme.

(2) Subsection (1) (b) does not apply to the first authorisation given after the original owner control period ends if—

(a) the amount or benefit sought or accepted for the authorisation represents fair market value for the authorisation; and

(b) no authorisation was given during the original owner control period.

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