Queensland Consolidated Acts

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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 38

Creating common property by subdivision (no new scheme)

38 Creating common property by subdivision (no new scheme)

(1) This section applies if—
(a) a lot included in a community titles scheme (
"scheme A" ) is subdivided by a plan of subdivision; and
(b) the lots created under the plan of subdivision become lots in scheme A.
(2) Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A.
(3) However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the
"higher scheme" ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.



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