Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 185

185 Preliminary procedure for application by owner and occupier for resolution of dispute

(1) This section applies if—

(a) a dispute exists between—

(i) the owner or occupier of a lot included in a community titles scheme (the
"complainant" ) and the owner or occupier of another lot included in the scheme (the
"accused person" ); or

(ii) the owner or occupier of a lot (also the
"complainant" ) included in a community titles scheme (
"scheme A" ) in a layered arrangement of community titles schemes and the owner or occupier of a lot included in another scheme (
"scheme B" ) in the layered arrangement (also the
"accused person" ) and the dispute relates to by-laws that are binding on both; and

(b) the dispute arises because the complainant reasonably believes that—

(i) the accused person has contravened a provision of the by-laws for the scheme that are binding on both the complainant and the accused person; and

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

(2) For a complainant who is the owner or occupier of a lot mentioned in subsection (1) (a) , other than an owner of a lot in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—

(a) the complainant has, in the approved form, asked the accused person’s body corporate to give the accused person a contravention notice for the contravention the subject of the dispute; and

(b) the accused person’s body corporate does not advise the complainant, as required under section 182 (3) , 182A (4) , 183 (3) or 183AA (4) , that the contravention notice has been given to the accused person.

(3) For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—

(a) if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or

(b) if the complainant is an occupier of a lot included in the scheme—

(i) the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and

(ii) the lot owner does not advise the complainant, as required under section 183C (4) or 183D (4) , that the contravention notice has been given to the accused person.

(4) This section is subject to section 186 .

(5) In this section—

"accused person’s body corporate" means the body corporate for the community titles scheme that includes the accused person’s lot.

"owner or occupier" , of a lot, does not include an owner that—

(a) is a body corporate that is the owner of a lot included in a community titles scheme in a layered arrangement of community titles schemes; and

(b) has given an accused person—

(i) a continuing contravention notice under section 182A (2) for a contravention the subject of the dispute; or

(ii) a future contravention notice under section 183AA (2) for a contravention the subject of the dispute.