Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 29

29 Levies by principal body corporate on members

(1) The principal body corporate may levy the contributions determined by it in accordance with section 33 (1) (h) and the amount (if any) determined pursuant to section 33 (2) in respect thereof by serving on its members notice in writing of the contributions payable by them.

(2) Contributions levied by the principal body corporate shall be levied in respect of—

(a) each initial lot which has not been subdivided into secondary lots; and

(b) each secondary lot;

and shall be payable, subject to this section, by the proprietors of those initial lots and secondary lots in shares proportional to the initial lot entitlements or, as the case may be, secondary lot entitlements of their respective lots at the time when the contribution was levied.

(3) In respect of a contribution levied under subsection (1) , a proprietor of an initial lot or a secondary lot is liable, jointly and severally with any person who was liable to pay that contribution when that proprietor became the proprietor of that initial lot or, as the case may be, that secondary lot, to pay such part of that contribution as was unpaid when the proprietor became the proprietor of that lot.

(4) A contribution levied in respect of an initial lot or a secondary lot under this section—

(a) becomes due and payable to the principal body corporate in accordance with the decision of the principal 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 33 (2) (if any); and

(c) may be recovered, as a debt, by the principal body corporate in any court of competent jurisdiction.

(5) Nothing in this section shall be construed to prevent the principal body corporate, in general meeting, either generally or in a particular case, determining that a contribution may be reduced as provided in subsection (4) (b) notwithstanding that the contribution is not paid as prescribed in that subsection.