Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 189

189 Acquisition of amenities for benefit of lot owners—Act, s 156

(1) This section states the way and the extent that the body corporate may acquire, and enter into agreements about the use of, real and personal property.

(2) The body corporate may, in the name of the body corporate, do any of the following—

(a) acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme;

(b) acquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme;

(c) acquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset;

(d) acquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme.

Example—

The body corporate may under subsection (2) (c) acquire rights to establish or use moorings for vessels.

(3) The body corporate may exercise its powers under this section only if authorised by a resolution without dissent if the proposal is—

(a) to acquire freehold land; or

(b) to enter into a lease of more than 3 years.

(4) The body corporate may exercise its powers under this section only if authorised by a special resolution if the proposal is—

(a) to enter into a lease of 3 years or less, or a licence, concession or agreement; or

(b) to acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts—

(i) $1,000;

(ii) an amount worked out by multiplying the number of lots included in the scheme by $200.

(5) In this section—

"non-freehold land" see the Land Act 1994 , schedule 6 .