Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 404

404 Request to give effect to relevant decision—specified two-lot scheme

(1) This section applies to a community titles scheme—

(a) to which this subdivision applies; and

(b) that is a specified two-lot scheme.

(2) The owner of a lot included in the scheme may give written, dated notice (the
"notice" ) to the owner (the
"other owner" ) of the other lot included in the scheme, proposing an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the decided entitlements for the scheme, as modified, if applicable, under subdivision 5.

(3) The notice must—

(a) identify the decided entitlements for the scheme; and

(b) be accompanied by written evidence of the relevant decision; and

(c) state the modification, if any, required to be made under subdivision 5 to the decided entitlements; and

(d) invite the other owner to identify in writing, within 28 days (the
"submission period" ) after the date of the notice, what modification, if any, is required to be made to the decided entitlements under subdivision 5.

(4) Within 90 days after the submission period ends, the body corporate must, after considering any written statement received during the submission period, decide what modification, if any, is required to be made under subdivision 5 to the decided entitlements for the scheme.

(5) Within 30 days after making its decision under subsection (4), the body corporate must lodge a request to record a new community management statement for the scheme incorporating the decided entitlements, as modified, if applicable, under subdivision 5 (the
"changed entitlements" ).

Penalty—

Maximum penalty—100 penalty units.

Note—

Under section 46(10), a change to a lot entitlement takes effect on the recording of a new community management statement incorporating the change.

(6) However, subsection (5) does not apply if, before the end of the 30 day period—

(a) an owner of a lot included in the scheme makes an application under section 405; and

(b) the specialist adjudicator or QCAT makes an order under section 406.