Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 184

184 Preliminary procedure for application by body corporate for resolution of dispute

(1) This section applies if—

(a) a dispute exists between—

(i) the body corporate for a community titles scheme (the
"aggrieved body corporate" ) and the owner or occupier of a lot included in the scheme; or

(ii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the
"aggrieved body corporate" ) and another body corporate in the layered arrangement and the dispute relates to by-laws that are binding on both; or

(iii) the body corporate for a community titles scheme in a layered arrangement of community titles schemes (also the
"aggrieved body corporate" ) and an owner or occupier of a lot in a community titles scheme in the layered arrangement and the dispute relates to by-laws that are binding on both; and

(b) the dispute arises because the aggrieved body corporate reasonably believes—

(i) that—

(A) the owner or occupier has contravened a provision of the by-laws for the scheme; or

(B) the other body corporate in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; or

(C) the owner or occupier of a lot in a community titles scheme in the layered arrangement of community titles schemes has contravened a provision of the by-laws that are binding on both; and

(ii) the circumstances of the contravention make it likely the contravention will continue or be repeated.

(2) The body corporate may make an application under chapter 6 for resolution of the dispute only if the body corporate has given the owner or occupier, or other body corporate, a contravention notice for the contravention the subject of the dispute.

(3) This section is subject to section 186 .