Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 223

223 Notices of transfer and other matters—Act, s 201

(1) This section applies to a lot included in the community titles scheme if 1 or more of the following events happens—

(a) a person becomes the owner of the lot by transfer, transmission, or in another way;

(b) a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;

(c) the owner of the lot engages a person to act for the owner in the letting or leasing of the lot;

(d) the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;

(e) the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;

(f) an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.

(2) The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event.

Penalty—

Maximum penalty—20 penalty units.

(3) The notice must—

(a) for an event mentioned in subsection (1) (a) —

(i) be given by the person who becomes the owner of the lot; and

(ii) state the person’s name and residential or business address; and

(iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and

(iv) give brief details about the way the person became the owner of the lot; and

(b) for an event mentioned in subsection (1) (b) —

(i) be given by the owner of the lot; and

(ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and

(iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and

(iv) for the termination of a leasehold interest—state when the interest was terminated; and

(c) for an event mentioned in subsection (1) (c) —

(i) be given by the owner of the lot; and

(ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and

(d) for an event mentioned in subsection (1) (d) —

(i) be given by the owner of the lot; and

(ii) state when the engagement of the person was terminated; and

(e) for an event mentioned in subsection (1) (e) or (f) —

(i) be given by the registered mortgagee; and

(ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.