Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 47AB

47AB Procedural matters for application under s 47AA

(1) This section applies if an owner of a lot included in a community titles scheme makes an application under section 47AA (3) .

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

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 .

(3) If the owner applies under section 47AA (3) (a) for an order of a specialist adjudicator under chapter 6 —

(a) at the election of another owner of a lot 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.

(4) An owner of a lot included in the scheme who elects, under subsection (3) (a) , to become a respondent to the application must give written notice of the election to the body corporate.