Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 178

178 Review of exclusive use by-law

(1) This section applies if—

(a) an exclusive use by-law is in force for a community titles scheme; and

(b) the owner of the lot to which the exclusive use by-law attaches stops being a body corporate manager, service contractor or letting agent for the scheme; and

(c) the exclusive use by-law is not for the continuing engagement or authorisation of the lot owner as a body corporate manager, service contractor or letting agent for the scheme; and

(d) there is a dispute about whether the exclusive use by-law should continue in force.

(2) The body corporate for the scheme may apply—

(a) under chapter 6 , for an order of a specialist adjudicator to resolve the dispute; or

(b) as provided under the QCAT Act , for an order of QCAT exercising the tribunal’s original jurisdiction to resolve the dispute.

(3) The order must have regard especially to the interests of all owners of lots included in the scheme in the use and enjoyment of their lots and of the common property for the scheme.

(4) The order may include provision for either or both of the following—

(a) the lodging of a request for the recording of a new community management statement for the scheme, omitting the exclusive use by-law;

(b) the payment by the body corporate of compensation to the owner of the lot to which the exclusive use by-law attaches.