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BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 9 - SECT 23

23 Amendment of s 185 (Preliminary procedure for application by owner and occupier for resolution of dispute)

(1) Section 185(2), 'The'—

omit, insert—

'For a complainant who is the owner or occupier of a lot included in a community titles scheme other than a specified two-lot scheme, the'.

(2) Section 185—

insert—

'(2A) For a complainant who is the owner or occupier of a lot included in a specified two-lot scheme, the complainant may make an application under chapter 6 for resolution of the dispute only if—

(a) if the complainant is an owner of a lot included in the scheme—the complainant has given the accused person a contravention notice for the contravention the subject of the dispute; or
(b) if the complainant is an occupier of a lot included in the scheme—
(i) the complainant has, in the approved form, asked the owner of the lot they occupy to give the accused person a contravention notice for the contravention the subject of the dispute; and
(ii) the lot owner does not advise the complainant, as required under section 183C(4) or 183D(4), that the contravention notice has been given to the accused person.'.

(3) Section 185(2A) and (3)—

renumber as section 185(3) and (4).



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