Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 412

412 Application for order of specialist adjudicator or QCAT in relation to decision under s 410 or 411

(1) This section applies if—

(a) the committee for a body corporate or the body corporate makes a decision under section 410 or 411; and

(b) an owner of a lot included in the scheme believes the changed entitlements decided by the committee or the body corporate under section 410 or 411 do not reflect the last adjustment order entitlements for the scheme, as modified, if applicable, under subdivision 5.

(2) Within 60 days after the committee or the body corporate makes the decision under section 410 or 411, the owner may apply—

(a) under chapter 6 for an order of a specialist adjudicator for an adjustment of the contribution schedule for the lots included in the scheme, to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5; or

(b) as provided under the QCAT Act , for an order of QCAT, exercising the tribunal’s original jurisdiction, for an adjustment of the contribution schedule lot entitlements for the lots included in the scheme to reflect the last adjustment order entitlements, as modified, if applicable, under subdivision 5.

(3) Despite any other law or statutory instrument, the respondent to the application is the body corporate for the scheme.

Note—

The body corporate must be given notice of the application under—

(a) for an application to a specialist adjudicator under chapter 6†”section 243; or

(b) for an application to QCAT as provided under the QCAT Act—the QCAT Act, section 37 .

(4) However, if the owner of a lot included in a scheme that is not a specified two-lot scheme applies under chapter 6 for an order of a specialist adjudicator—

(a) at the election of another owner of a lot included in the scheme, the other owner may be joined as a respondent to the application; and

(b) each party to the application is responsible for the party’s own costs of the application; and

(c) an owner who elects under paragraph (a) to become a respondent to the application must give written notice of the election to the body corporate.

(5) Except as provided in this section and section 413—

(a) an owner of a lot included in a scheme may not make any application under chapter 6, or to QCAT, in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411; and

(b) QCAT, or a department adjudicator or specialist adjudicator under chapter 6, has no jurisdiction to hear and determine any application in relation to a dispute about changed entitlements decided by a committee or a body corporate under section 410 or 411, including any application about whether the body corporate acted reasonably under section 94(2).