Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 182A

182A Continuing contravention notice—layered arrangement of community titles schemes

(1) This section applies if a body corporate for a community titles scheme in a layered arrangement of community titles schemes reasonably believes that—

(a) any of the following (each the
"person" ) is contravening a provision of the by-laws for the scheme that is binding on the person—

(i) an owner or occupier of a lot in the scheme;

(ii) an owner or occupier of a lot in another community titles scheme in the layered arrangement of community titles schemes;

(iii) another body corporate of a community titles scheme in the layered arrangement of community titles schemes; and

(b) the circumstances of the contravention make it likely that the contravention will continue.

(2) The body corporate may, by notice (a
"continuing contravention notice" ) given to the person, require the person to remedy the contravention.

(3) If the continuing contravention notice is given to the owner or occupier of a lot mentioned in subsection (1) (a) (ii) , the body corporate giving the notice must give a copy of the notice to the body corporate for the community titles scheme that includes the lot.

(4) If the continuing contravention notice is given following a request under section 185 (2) , the body corporate must, within 14 days after receiving the request, advise the person who made the request that the continuing contravention notice has been given.

(5) The continuing contravention notice must state—

(a) that the body corporate believes the person is contravening a provision of the by-laws; and

(b) the provision the body corporate believes is being contravened; and

(c) details sufficient to identify the contravention; and

(d) the reasonable period within which the person must remedy the contravention; and

(e) that if the person does not comply with the notice the body corporate may, without further notice—

(i) start proceedings in the Magistrates Court for the failure to comply with the notice; or

(ii) make an application under chapter 6 for resolution of the dispute; and

(f) other than for a notice given to a relevant person—how the body corporate is directly and materially affected by the contravention.

(6) The person must comply with the continuing contravention notice.

Penalty—

Maximum penalty—20 penalty units.

(7) However, the person does not commit an offence under subsection (6) if, when the continuing contravention notice is given to the person, the person is not contravening the provision mentioned in subsection (1) (a) in the way detailed for subsection (5) (c) .

(8) In this section—

"relevant person" means—

(a) if the body corporate for a community titles scheme gives a contravention notice—an owner or occupier of a lot included in the scheme; or

(b) if the body corporate is a lot included in another community titles scheme and the body corporate gives a contravention notice—

(i) the body corporate for the other community titles scheme; and

(ii) an owner or occupier of a lot included in the other scheme.