Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 235

235 Return of body corporate property

(1) This section applies if—

(a) a person has possession or control of any of the following property (the
"specified property" )—

(i) a body corporate asset for a community titles scheme;

(ii) a record or other document of a body corporate;

(iii) a body corporate seal; and

(b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as—

(i) a member, or an associate of a member, of the body corporate or of the committee; or

(ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; and

(c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to—

(i) a member of the committee who is named in the notice; or

(ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.

(2) The person must comply with the notice.

Penalty—

Maximum penalty—20 penalty units.

(3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) or (iii) .

(4) In this section—

"prescribed notice" means—

(a) a notice of a resolution of the committee; or

(b) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.