Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 38

38 Creating common property by subdivision (no new scheme)

(1) This section applies if—

(a) a lot included in a community titles scheme (
"scheme A" ) is subdivided by a plan of subdivision; and

(b) the lots created under the plan of subdivision become lots in scheme A.

(2) Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.

(3) However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the
"higher scheme" ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.