Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 242

242 Time limit on certain adjudication applications

(1) This section applies to an adjudication application for an order declaring void—

(a) a meeting of the committee for the body corporate, or a general meeting of the body corporate; or

(b) a resolution of the committee or body corporate; or

(c) a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or

(d) the election of an executive or other member of the committee.

(2) The adjudication application must be made within 3 months after—

(a) if subsection (1) (a) applies—the meeting; or

(b) if subsection (1) (b) applies—the meeting at which the resolution was passed or purported to be passed; or

(c) if subsection (1) (c) applies—the day when the lot owner agreement was made; or

(d) if subsection (1) (d) applies—the meeting at which the executive or other member was elected.

(3) A person is taken to have complied with subsection (2) for a dispute if the person made a conciliation application for the same dispute within the time mentioned in the subsection for the dispute.

(4) However, if the making of the adjudication application does not comply with subsection (2) —

(a) the commissioner must deal with the application (including making a dispute resolution recommendation for the application) as if the making of the application complied with subsection (2) ; and

(b) an adjudicator to whom the application is referred for specialist or department adjudication may, for good reason, waive the noncompliance.