Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT LEGISLATION AMENDMENT REGULATION 2024 - REG 18

18 Insertion of new ch 10, pt 2, div 3

Chapter 10 —
insert—

Division 3 - Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024

246 Definitions for part In this part—

"former" , for a provision of this regulation, means the provision as in force from time to time before the commencement.

"new" , for a provision of this regulation, means the provision as in force from the commencement.

247 Motions or requests submitted before commencement

(1) This section applies if—

(a) before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and

(b) immediately before the commencement, the motion has not been decided.

(2) If the body corporate or the committee considers the motion after the commencement, the motion must be decided under the former regulation.

(3) In this section—

"former regulation" means this regulation as in force immediately before the commencement.

248 Particular minutes and records of motions

(1) This section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property—

(a) submitted for consideration to the committee before the commencement; and

(b) in relation to which, on the commencement—

(i) a decision or deemed decision has not yet been made; or

(ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.

(2) Former section 63 continues to apply to the minutes and other records in relation to the motion or request.

(3) In this section—

"communication by the secretary" , in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 63.

"deemed decision" , in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee.

"full and accurate minutes" see former section 63(6).

"minutes and other records" , of a committee, means the full and accurate minutes and the records of motions for the committee.

"record of motions" see former section 63(6).

249 Disposal of interest in and leasing or licensing of common property—executed document

(1) This section applies if—

(a) before the commencement, a body corporate had executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a
"transaction" ) had been authorised as required under former section 174(5)(a); and

(b) immediately before the commencement, an instrument (the
"instrument" ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2) Former section 174 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .

250 Disposal of interest in and leasing or licensing of common property—unexecuted document

(1) This section applies if—

(a) before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a
"transaction" ) was authorised or otherwise permitted under former section 174; and

(b) immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 174(5)(a).

(2) New section 174 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

251 Easements over common property—executed document

(1) This section applies if—

(a) before the commencement, a body corporate had, under former section 175—

(i) authorised a transaction in relation to common property (the
"transaction" ); and

(ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and

(b) immediately before the commencement, an instrument (the
"instrument" ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2) Former section 175 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .

252 Easements over common property—unexecuted document

(1) This section applies if—

(a) before the commencement, a grant or surrender of an easement over or affecting common property (a
"transaction" ) was authorised under former section 175; and

(b) immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 175(3)(a).

(2) New section 175 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

253 Original owner’s return of body corporate property—particular circumstances

(1) This section applies if, before the commencement, an original owner—

(a) was, under former section 86, required to provide documents and materials to a body corporate; and

(b) had not provided the documents or materials.

(2) New section 224 does not apply to the original owner.