Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 32

32 Levies by body corporate on proprietors

(1) A body corporate may levy the contributions determined by it in accordance with section 38A (1) and (2) and contributions referred to in section 38A (3) and the amount (if any) determined pursuant to section 38A (4) in respect thereof by serving on the proprietors notice in writing of the contributions payable by them in respect of their respective lots.

(2) Contributions levied under subsection (1) by a body corporate shall be levied in respect of each lot and shall be payable, subject to this section, by the proprietors in shares proportional to the lot entitlements of their respective lots.

(3) In respect of a contribution levied under subsection (1) a proprietor of a lot is, subject to section 40 (4) , liable, jointly and severally with any person who was liable to pay that contribution when that proprietor became the proprietor of that lot, to pay such part of that contribution as was unpaid when he or she became the proprietor of that lot.

(4) Regular periodic contributions to the administrative fund and sinking fund of a body corporate referred to in section 38A (5) shall be deemed to have been duly levied on a proprietor of a lot notwithstanding that notice levying the contributions was not served on the proprietor.

(5) Without affecting the liability of a proprietor of a lot in respect of a contribution levied under this section, where a mortgagee is in possession (whether by himself, herself or any other person) of a lot the mortgagee shall be liable jointly and severally with the proprietor of the lot of which the mortgagee is in possession for a contribution levied on that proprietor in accordance with this Act but shall not be so liable in respect of a contribution, other than regular periodic contributions to the administrative fund and sinking fund referred to in section 38A (5) , unless notice in writing of the levy of the contribution has been served on the mortgagee.

(5A) A notice of the levy of contributions to a proprietor of a lot shall—

(a) if an amount has been determined pursuant to section 38A (4) in respect of the contributions—state the amount of the contribution attributable to that amount of discount; and

(b) state the date when the contribution becomes due and payable; and

(c) be served or deemed to be served on the proprietor before the date when the contributions become due and payable.

(6) A contribution levied in respect of a lot under this section—

(a) becomes due and payable to the body corporate in accordance with the decision of the body corporate to make the levy; and

(b) if paid within 30 days after the date when it becomes due and payable—shall be reduced by that part of the contribution attributable to the amount determined pursuant to section 38A (4) (if any); and

(c) must be paid to the body corporate as a monetary amount;

and any part of a contribution attributable to the amount determined pursuant to section 38A (4) so paid shall form part of the fund to which the contribution upon which the amount was determined belongs.

(7) Nothing in this section shall be construed to prevent a body corporate, in general meeting or the committee, either generally or in a particular case, determining that a contribution may be reduced as provided in subsection (6) (b) notwithstanding that the contribution is not paid as prescribed in that subsection.

(8) Despite subsection (6) (c) , a contribution levied by a body corporate in relation to a lot is taken to be paid in full or part if it is satisfied in full or part by an offset arrangement between the body corporate and the proprietor of the lot.

(9) Subsection (8) applies only if—

(a) the terms of the offset arrangement were approved by resolution of the body corporate at a general meeting before the arrangement was completed; and

(b) the fair value of land, goods or services provided as an offset under the offset arrangement equals the value of the contribution sought to be satisfied in full or part by the offset arrangement.

(10) Neither the proprietor nor an associate of the proprietor is entitled to vote on the motion for the resolution mentioned in subsection (9) (a) .