Chapter 7 Miscellaneous

In this part—

aggrieved person, for a decision, means—

(a) the applicant for the application for which the decision was made; or

(b) for a decision substituting a person as a relevant person for the application—the person who is the substitute.

application means an application made under chapter 6 for the resolution of a dispute.

decision means any of the following actions taken by the commissioner on an application—

(a) the rejection of the application;

(b) the withholding of permission to change the application;

(c) the imposition of conditions on permission to change the application;

(d) the substitution of a person as a relevant person for the application.

decision maker...

The aggrieved person for a decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

An application for review to QCAT must be made within 6 weeks after the aggrieved person receives a QCAT information notice.

Part 2 Other matters

(1) For this Act, a person is associated with someone else if—

(a) a relationship of a type to which this section applies exists between them; or

(b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons.

(2) This section applies to relationships of the following types—

(a) marriage, de facto relationship or civil partnership;

(b) the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;

(c) partnership;

(d) the relationship of employer and employee;

(e) a fiduciary relationship;

(f) the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;

(g) the relationship of a corporation and executive officer of the corporation;

(h) the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.

(3) Despite subsection (2)(e) and (f), the owner of a lot in a community titles scheme and a letting agent for the scheme are not associated merely because of their relationship as owner and letting agent.

(4) In subsection (2)—

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

(1) This section applies in a proceeding for an offence against this Act.

(2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b) the representative had the state of mind.

(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4) In this section—

representative means—

(a) of an individual—an employee or agent of the individual; or

(b) of an unincorporated body—a member of the body, or an employee or agent of the body; or

(c) of a partnership—a partner, employee or agent of the partnership; or

(d) of a corporation—an executive officer, employee or agent of the corporation.

state of mind, of a person, includes—

(a) the person’s knowledge, intention, opinion, belief or purpose; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

If a person, honestly and without notice of an irregularity, enters into a transaction with a member of the committee for the body corporate for a community titles scheme or a person who has apparent authority to bind the body corporate, the transaction is valid and binding on the body corporate.

(1) The body corporate for a community titles scheme is taken to be the owner of the scheme land for the following Acts—

• Land Act 1994

• Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

(2) For applying subsection (1) to a layered arrangement of community titles schemes, the body corporate for the principal scheme for the arrangement, and not the bodies corporate for the community titles schemes that are subsidiary schemes for the principal scheme, is taken to be the owner of scheme land for the principal scheme.

(3) However, for the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, owners of adjoining lots included in a community titles scheme are taken to be the owners of adjoining land.

Examples—

A layered arrangement of community titles schemes consists of a principal scheme (scheme A) which in turn includes 2 basic schemes (scheme B and scheme C), and, of course, the common property for scheme A.

• If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme A and a lot (lot X) that is not scheme land for scheme A or another community titles scheme, the owners are the body corporate for scheme A and the registered owner of lot X.

• If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between scheme land for scheme B and scheme land for scheme C, the owners are the body corporate for scheme B and the body corporate for scheme C. This will apply even if the length of boundary that is of concern happens also to be the boundary between a lot included in scheme B and a lot included in scheme C.

• If a matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 concerns a boundary between a lot (lot Y) included in scheme B and another lot (lot Z) included in scheme B, the owners are the owner of lot Y and the owner of lot Z.

(1) The body corporate for a community titles scheme may start a proceeding only if the proceeding is authorised by—

(a) if the scheme is a specified two-lot scheme—a lot owner agreement for the scheme; or

(b) otherwise—special resolution by the body corporate.

(2) However, an owner of a lot included in a specified two-lot scheme may bring or start a prescribed proceeding on behalf of the body corporate even though the body corporate has not decided, by a lot owner agreement, to bring or start the proceeding.

(3) Also, the body corporate for a community titles scheme other than a specified two-lot scheme does not need a special resolution to bring or start a prescribed proceeding.

(4) In this section—

prescribed proceeding, for a community titles scheme, means—

(a) a proceeding for the recovery of a liquidated debt against the owner of a lot included in the scheme; or

(b) a counterclaim, third-party proceeding or other proceeding, in a proceeding to which the body corporate is already a party; or

(c) a proceeding for an offence under chapter 3, part 5, division 4; or

(d) a proceeding, including a proceeding for the enforcement of an adjudicator’s order or an appeal against an adjudicator’s order, under chapter 6.

(1) The body corporate for a community titles scheme may represent the owners of lots included in the scheme in a proceeding under the Planning Act or the Planning and Environment Court Act 2016.

(2) However, this section does not prevent a lot owner who wants to be separately represented in the proceeding from exercising a right to be separately represented.

(1) This section applies if a provision of this Act enables an owner or occupier of a lot included in a community titles scheme to apply—

(a) under chapter 6 for the resolution of a dispute; or

(b) under the QCAT Act for an order of QCAT for the resolution of a dispute.

(2) A group of owners or occupiers of lots included in the scheme each of whom may make an application as mentioned in the provision for resolution of a dispute arising out of the same or similar facts or circumstances may make a joint application for resolution of the dispute.

(1) In a proceeding by or against the body corporate for a community titles scheme, a court may order that an amount payable under a judgment or order against the body corporate be paid by the owners of particular lots included in the scheme in proportions fixed by the court.

(2) If an order is sought under subsection (1) against the owner of a lot who is not a party to the proceeding, the owner must be joined as a party.

(1) A notice, legal process or other document is served personally on the body corporate for a community titles scheme if served personally on—

(a) for the body corporate for a specified two-lot scheme—1 or more of the owners of the lots included in the scheme; or

(b) for the body corporate for another community titles scheme—the secretary or, in the absence of the secretary, another member of the committee for the body corporate.

(2) The body corporate must—

(a) give the registrar notice of the body corporate’s address for service; and

(b) if the address for service changes—give the registrar notice of the new address within 30 days after the change.

(2A) The address for service of the body corporate is the address given to the registrar under subsection (2) and recorded by the registrar on the indefeasible title for the common property as the body corporate’s address for service.

(3) However, if the body corporate does not give the registrar notice of the body corporate’s address for service, the body corporate’s address for service is the address of the scheme land.

(4) The address for service of the owner of a lot included in the scheme (other than a lot that is a community titles scheme) is the owner’s address as recorded in the records of the body corporate or, if no address is recorded, the address of the lot.

Note—

The Acts Interpretation Act 1954, section 39 also makes provision for service.

(1) This section applies if, under this Act, a body corporate for a community titles scheme must give a document or other information to an owner of a lot or other person whose address for service is required to be given to the body corporate under the Act.

(2) The document or information must be given to the owner or other person in the way prescribed under the regulation module applying to the scheme.

(1) A local government or other entity authorised under an Act to enter a lot included in a community titles scheme to exercise a power conferred on it may enter the common property for the scheme if it is necessary to do so to exercise the power.

(2) An employee or agent of a utility service provider may enter the common property at all reasonable times if the entry is necessary to—

(a) install, repair, remove, replace or inspect the service provider’s infrastructure on the property; or

(b) read an infrastructure supply measuring device on the property; or

(c) investigate the future placement, removal, repair or replacement of utility service infrastructure on the property.

(1) This section applies if a power is conferred on, or exercisable by, a relevant person for a community titles scheme under a power of attorney that—

(a) is given by the owner of a lot included in the scheme; and

(b) is stated to be irrevocable.

(2) The relevant person must not exercise, or purport to exercise, the power for any matter relating to the scheme, including the owner’s rights under this Act.

Maximum penalty—100 penalty units.

(3) However, the relevant person does not contravene subsection (2) if—

(a) the owner gives the power of attorney under section 211 or 219; or

(b) the power of attorney is contained in a registered security document, including a mortgage registered under the Land Title Act, and the power is exercised solely for acting under the security.

(4) In this section—

relevant person, for a community titles scheme, means 1 of the following who is not a relative of the lot owner—

(a) the original owner;

(b) a body corporate manager, service contractor or letting agent;

(c) an associate of a person mentioned in paragraph (a) or (b).

A person can not waive, or limit the exercise of, rights under this Act or contract out of the provisions of this Act.

(1) The fees prescribed under a regulation are payable under this Act.

(2) In particular, fees prescribed under a regulation module are payable under this Act for matters about a community titles scheme to which the regulation module applies.

(3) The commissioner may, for proper reason, remit a fee payable on an application to the commissioner under this Act.

The chief executive may approve forms for use under this Act.

In this Act, a reference to a person as a body corporate manager or service contractor includes a reference to the person’s personal representatives, successors and assignees.

(1) A body corporate for a community titles scheme may, by ordinary resolution at a general meeting, change the financial year for the body corporate and adopt a new 12-month period (the new period) as the financial year for the body corporate.

(2) However, a body corporate may only adopt a new period once within a five-year period.

(3) For subsection (2), the five-year period commences on the day the new period commences.

(1) The Governor in Council may make regulations under this Act.

(2) A regulation may impose a penalty of not more than 20 penalty units for a contravention of a provision of a regulation.

(3) However, a regulation may impose a penalty of not more than 150 penalty units for a contravention of a provision about the following—

(a) misusing a proxy or otherwise voting on behalf of a person without authority;

(b) failure of an original owner to comply with obligations relating to the first annual general meeting;

(c) failure of an original owner for a specified two-lot scheme to comply with obligations relating to handing over documents and materials to the body corporate after the original owner stops being an owner of a lot included in the scheme.

The regulation module applying to a lease-back scheme may provide for—

(a) the assignment of the powers and functions of the owners of lots included in the scheme to the lease-back scheme operator; or

(b) the extent to which the powers and functions of the owners of lots included in the scheme may be assumed by the lease-back scheme operator.

Part 3 [Expired]

323A [Expired]

323B [Expired]

323C [Expired]

323D [Expired]

323E [Expired]

323F [Expired]

323G [Expired]

323H [Expired]

323I [Expired]