Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 53

53 Notices to be given by proprietors and mortgagees

(1) An original proprietor and any person who, under this section, has given notice of an address for the service of notices on him or her may give notice in writing to the body corporate of an address or change of address for the service of notices on him or her.

(2) After delivery to a transferee of a lot of an instrument or instruments of transfer in the name of the transferee duly executed and capable of immediate registration, the transferor shall give to the body corporate written notice which shall identify the lot and—

(a) specify the name of the transferee in full, the address for the service of notices on the transferee, the address for the service of notices on the transferor and the date upon which the instrument was or instruments were so delivered; and

(b) bear written confirmation by the transferee of the accuracy of the information contained in the notice.

(2A) Where a transferor of a lot fails to comply with subsection (2) , the transferee of the lot may give to the body corporate written notice which shall identify the lot and specify the transferee’s name in full, address for service of notices and the date upon which the instrument was or instruments were delivered to the transferee.

(3) After the delivery to a first mortgagee of an executed bill of mortgage of a lot, the mortgagee may give to the body corporate written notice of the mortgage which shall identify the lot and—

(a) specify the name of the mortgagee in full and the address for the service of notices on the mortgagee and the date on which the bill of mortgage was so delivered; and

(b) bear written confirmation by the mortgagor of the accuracy of the information contained in the notice.

(4) After the delivery to a mortgagor of a discharge of a bill of mortgage of a lot the mortgagor may give to the body corporate written notice of the discharge which shall identify the lot and the mortgage that has been discharged and—

(a) specify the date on which the discharge was so delivered; and

(b) bear written confirmation by the mortgagee of the discharge of the bill of mortgage.

(5) After the delivery by a first mortgagee of a transfer of a bill of mortgage of a lot, the transferee may give to the body corporate written notice of the transfer which shall identify the lot and—

(a) specify the name of the transferee in full and the address for the service of notices on the transferee and the date on which the transfer was so delivered; and

(b) bear written confirmation by the transferor of the accuracy of the information contained in the notice.

(6) After the entry into possession of a lot by a first mortgagee, the mortgagee may give to the body corporate written notice which shall identify the lot and specify the date on which the mortgagee entered into possession.

(7) After granting a lease or sublease of a lot or part of a lot, a lessor, to whom this subsection applies, shall give to the body corporate written notice of the granting of the lease which shall identify the lot, specify the name of the lessee in full and the address for the service of notices on the lessee and the address for the service of notices on the lessor.

(7A) Subsection (7) applies to a lessor who grants a lease or sublease of a lot or part of a lot for a period of not less than 6 months except where the body corporate by resolution without dissent determines, either generally or in a particular case, that this subsection shall not apply.

(8) After the termination or assignment of any lease or sublease of a lot or part of a lot notice of which lease or sublease has, pursuant to subsection (7) , been given to the body corporate, the lessor shall give to the body corporate written notice of the termination or assignment which shall identify the lot and the lease or sublease that has been terminated or assigned and—

(a) specify the date of the termination or assignment; and

(b) in the case of an assignment—

(i) specify the name of the assignee in full and the address for the service of notices on the assignee; and

(ii) bear written confirmation by the assignee of the accuracy of the information contained in the notice.

(9) After a person becomes entitled, otherwise than as a transferee, to be registered under the Land Title Act 1994 as the proprietor of a lot, the person may give to the body corporate written notice, in the form of a statutory declaration, which shall identify the lot and specify—

(a) by what right the person became entitled to the lot; and

(b) the person’s name, in full, the address for the service of notices on the person and the date upon which the person became entitled to the lot.

(10) Where—

(a) a body corporate believes that a person, under this section, may or is required to give a notice to it; and

(b) the body corporate has not received that notice;

the body corporate may serve a notice on that person specifying the capacity in which it believes the person is entitled to give the notice and requiring the person—

(c) to state, within 14 days, whether or not the person is a person entitled or required to give a notice in that capacity; and

(d) if the person is such a person—to give that notice.

(11) Where a body corporate has served a notice under subsection (10) on a person whom it believes to be a person entitled to give a notice to the body corporate under this section that person is not entitled to cast a vote at any meeting of the body corporate until the person gives the required notice.

(12) A vote cast at a meeting of a body corporate by or on behalf of a company nominee of a corporation has no effect unless the body corporate has been given notice in writing specifying the company nominee of the corporation.

(13) A notice referred to in subsection (12) may be included in any other notice that the corporation to which it relates or any other person is entitled under this section to give to the body corporate.

(14) A proprietor who appoints a real estate agent or resident letting agent under the Property Occupations Act 2014 as the proprietor’s agent for the purpose of letting (within the meaning of that Act) of the lot shall forthwith give notice in writing to the body corporate of the name and business address of the agent and, upon cessation of the appointment, shall give forthwith notice in writing to the body corporate.