Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 81N

81N Applications to court about termination plan

(1) Each of the following persons may apply to the court for an order under this subdivision to be made in relation to a termination plan—

(a) the body corporate for a community titles scheme the subject of the termination plan;

(b) each owner of a lot included in the scheme;

(c) a person appointed as the facilitator;

(d) each person who has a leasehold interest in a lot, or other scheme land, created by a lease or sublease for a term of 6 months or more;

(e) the caretaking service contractor for the scheme;

(f) the letting agent for the scheme.

(2) The application to the court must be made within—

(a) 90 days after the day the body corporate gives a person notice under section 81L ; or

(b) another period allowed by the court.

(3) The body corporate may only apply to the court for an order that the termination plan—

(a) if a termination resolution was considered but not passed—be implemented; or

(b) be varied in accordance with the application.

(4) The owner of a lot included in the scheme may only apply to the court for an order—

(a) if a termination resolution was considered but not passed—that the termination plan be implemented; or

(b) if a termination resolution was passed—

(i) that the resolution should not have been passed; or

(ii) that the termination plan not be implemented; or

(iii) that the termination plan be varied in accordance with the application.

(5) A person mentioned in subsection (1) (d) to (f) may only apply to the court for an order that the termination plan be varied in accordance with the application.

(6) A facilitator may apply to the court for an order —

(a) to terminate a lease of a lot or other scheme land, on a day not earlier than the day of settlement for the contract for the sale of the community titles scheme; or

(b) to require an occupier or a lessee of a lot or other scheme land to vacate the lot or scheme land on the day stated in the application; or

(c) to require that each lot in the scheme be sold under the termination plan.