Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 198

198 Effect of scheme change on liability for charges etc.

(1) If a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme arises and, before the amount of the liability is paid, the scheme is changed so that the lot or part of the lot is incorporated with another lot included in, or common property for, the scheme, the liability is enforceable jointly and severally against—

(a) the person who was the owner of the lot when the liability arose; and

(b) if the lot or part of the lot is incorporated with another lot included in the scheme—the owner of the other lot; and

(c) if the lot or part of the lot is incorporated with common property—the body corporate.

(2) If a liability to pay charges, levies, rates or taxes on a lot included in a community titles scheme (
"scheme A" ) arises and, before the amount of the liability is paid, scheme A is changed so that the lot or part of the lot becomes scheme land for another community titles scheme (
"scheme B" ) that is a subsidiary scheme for scheme A, the liability is enforceable jointly and severally against—

(a) the person who was the owner of the lot when the liability arose; and

(b) the body corporate for scheme B.

(3) This section does not apply to a rate or charge owing to a local government, to the extent that it is inconsistent with arrangements in force under the Local Government Act 2009 and the local laws of the local government.

(4) Also, this section does not apply to an amount owing to MEDQ to the extent this section is inconsistent with the Economic Development Act 2012 .