Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 317

317 Restriction on irrevocable powers of attorney

(1) This section applies if a power is conferred on, or exercisable by, a relevant person for a community titles scheme under a power of attorney that—

(a) is given by the owner of a lot included in the scheme; and

(b) is stated to be irrevocable.

(2) The relevant person must not exercise, or purport to exercise, the power for any matter relating to the scheme, including the owner’s rights under this Act.

Penalty—

Maximum penalty—100 penalty units.

(3) However, the relevant person does not contravene subsection (2) if—

(a) the owner gives the power of attorney under section 211 or 219 ; or

(b) the power of attorney is contained in a registered security document, including a mortgage registered under the Land Title Act , and the power is exercised solely for acting under the security.

(4) In this section—

"relevant person" , for a community titles scheme, means 1 of the following who is not a relative of the lot owner—

(a) the original owner;

(b) a body corporate manager, service contractor or letting agent;

(c) an associate of a person mentioned in paragraph (a) or (b) .