Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 185

185 Easements over common property—Act, s 155

(1) This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property.

(2) The body corporate may, if authorised by a resolution without dissent—

(a) grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or

(b) surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.

(3) An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by—

(a) a copy of the resolution, or resolutions, signed by—

(i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or

(ii) otherwise—

(A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or

(B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or

(C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and

(b) other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.

(4) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions.

(5) In this section—

"representative" , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.