Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 18

18 Meaning of layered arrangement of community titles schemes

(1) A
"layered arrangement of community titles schemes" is a grouping of community titles schemes—

(a) in which there is 1 community titles scheme (the
"principal scheme" ) that—

(i) is not a lot included in another community titles scheme; and

(ii) is made up of—

(A) the scheme land for all other community titles schemes in the grouping; and

(B) its own common property; and

(C) each lot (if any) that is not a community titles scheme, but that is included in the scheme; and

(b) in which there is at least 1 basic scheme; and

(c) in which there may or may not be 1 or more community titles schemes located between the principal scheme and each basic scheme.

Note—

See schedule 1 , parts 2 and 3 for examples of layered arrangements of community titles schemes.

(2) Each community titles scheme, other than the principal scheme, in a layered arrangement of community titles schemes—

(a) is a subsidiary scheme for the principal scheme; and

(b) unless it is a lot included in the principal scheme—may also be a subsidiary scheme for another community titles scheme forming part of the layered arrangement.

(3) A
"subsidiary scheme" , for a community titles scheme (
"scheme A" ), is a community titles scheme the scheme land for which forms part of the scheme land for scheme A.

(4) In this Act, the expression
"included in" , if used in the context of the inclusion of a lot in a community titles scheme, establishes the relationship the lot has to the scheme and, in general terms, is used to establish that the lot is directly a part of the scheme, rather than only indirectly a part of the scheme.

(5) The diagram and notes in schedule 1 , part 3 illustrate more comprehensively how the expression ‘included in’ is used.