Queensland Numbered Acts Queensland Numbered ActsChapter 3, part 1—
insert—
'This division provides—
(a) that particular provisions of this chapter about management structures and arrangements for a community titles scheme do not apply to a specified two-lot scheme; and
(b) for a simplified decision-making process by which the body corporate for a specified two-lot scheme may make a decision or may be taken to have made a decision; and
(c) for a person to act as the representative of an owner of a lot included in a specified two-lot scheme.
'(1) A specified two-lot scheme means a community titles scheme to which all of the following apply—
(a) there are only 2 lots included in the scheme;
(b) the scheme is not part of a layered arrangement of community titles schemes;
(c) there is no letting agent for the scheme;
(d) the lots included in the scheme are residential lots.
'(2) A community titles scheme is also a specified two-lot scheme if subsection (1)(a) to (c) apply to the scheme and either—
(a) all of the following apply to the scheme—
(i) the lots included in the scheme are not residential lots;
(ii) the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identified the specified two-lot schemes module as the regulation module applying to the scheme;
(iii) when that community management statement was recorded, the lots included in the scheme were intended to be residential lots; or
Example of circumstances in which paragraph (a) may apply—
Lots included in a community titles scheme were offered for sale as residential lots, but the buyers chose not to use them as residential lots.
(b) all of the following apply for the scheme—
(i) the lots included in the scheme have previously been, but are no longer, residential lots;
(ii) when the lots included in the scheme last stopped being residential lots, the community management statement for the scheme identified the specified two-lot schemes module as the regulation module applying to the scheme;
(iii) since the lots included in the scheme last stopped being residential lots, each community management statement (if any) recorded for the scheme has identified the specified two-lot schemes module as the regulation module applying to the scheme.
'(3) In this Act, a reference to a specified two-lot scheme is a reference to a community titles scheme—
(a) that is a specified two-lot scheme within the meaning of subsection (1) or (2); and
(b) whose community management statement identifies the specified two-lot schemes module as the regulation module applying to the scheme.
'(4) In this section—
residential lot means a lot that is used for residential purposes, and includes a lot that is—
(a) the subject of a lease or letting for accommodation for long or short term residential purposes; or
(b) immediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes.
'Divisions 2 to 4 do not apply to a specified two-lot scheme.
'(1) A lot owner agreement for a specified two-lot scheme is an agreement between the owners of the lots included in the scheme about a matter—
(a) related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and
(b) for which the body corporate is required or permitted to make a decision under this Act or the community management statement.
'(2) A lot owner agreement for a specified two-lot scheme is a decision of the body corporate.
'(1) A lot owner agreement for a specified two-lot scheme must be entered into in the way prescribed under the specified two-lot schemes module.
'(2) Without limiting subsection (1), the regulation module may include provisions about the following—
(a) a representative for an owner of a lot included in the scheme entering into a lot owner agreement on behalf of the owner;
(b) circumstances in which, if there is more than 1 owner of a lot included in the scheme, the owners of the lot are taken to have entered into a lot owner agreement.
'(1) This section applies if a provision of this Act or the community management statement requires or permits the body corporate for a community titles scheme to make a decision about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement—
(a) in any of the following ways—
(i) by resolution without dissent;
(ii) by special resolution;
(iii) by majority resolution;
(iv) by ordinary resolution; or
(b) without stating the way in which the decision is to be made.
'(2) The body corporate may only make the decision by a lot owner agreement.
'(1) The owner of a lot included in a specified two-lot scheme may ask the owner of the other lot included in the scheme to enter into a lot owner agreement about a proposed decision.
'(2) A request under subsection (1) must—
(a) be made in the way prescribed under the specified two-lot schemes module; and
(b) state a reasonable period for the owner of the lot to whom the request is made to enter into a lot owner agreement about the proposed decision.
'(3) If the owner of the lot to whom the request is made does not enter into a lot owner agreement about the proposed decision within the period stated, the body corporate is taken to have decided against making the proposed decision contained in the request.
'(4) Subsection (3) applies despite section 111G(2).
'(5) In this section—
proposed decision means a proposed decision—
(a) about a matter related to the carrying out of the functions given to the body corporate under this Act and the community management statement; and
(b) that the body corporate is required or permitted to make under this Act or the community management statement.
'A decision of the body corporate for a specified two-lot scheme made by a lot owner agreement may be amended or revoked by another lot owner agreement.
'(1) A person may act as a representative for an owner of a lot included in a specified two-lot scheme in the circumstances prescribed under the specified two-lot schemes module.
'(2) Without limiting subsection (1), the regulation module may include provisions about the following—
(a) authorisation of a representative to act for an owner of a lot included in the scheme, and amendment and revocation of that authorisation;
(b) functions and powers of a representative authorised to act for an owner of a lot included in the scheme.'.