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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 405
Application for order of specialist adjudicator or QCAT in relation to decision under s 403 or 404
405 Application for order of specialist adjudicator or QCAT in relation to
decision under s 403 or 404
(1) This section applies if— (a) the committee for a body corporate or the
body corporate makes a decision under section 403 or 404; and
(b) an owner of
a lot included in the scheme believes the changed entitlements decided by the
committee or the body corporate under section 403 or 404 do not reflect the
decided entitlements for the scheme, as modified, if applicable, under
subdivision 5.
(2) Within 60 days after the committee or the body corporate
makes its decision under section 403 or 404, the owner may apply— (a) under
chapter 6 for an order of a specialist adjudicator for an adjustment of the
contribution schedule lot entitlements for the lots included in the scheme, to
reflect the decided entitlements as modified, if applicable, under subdivision
5; or
(b) as provided under the QCAT Act, for an order of QCAT, exercising
the tribunal’s original jurisdiction, for an adjustment of the contribution
schedule lot entitlements for the lots included in the scheme to reflect the
decided entitlements, as modified, if applicable, under subdivision 5.
(3)
Despite any other law or statutory instrument, the respondent to the
application is the body corporate for the scheme. Note— The body corporate
must be given notice of the application under— (a) for an application to a
specialist adjudicator under chapter 6†”section 243; or
(b) for an
application to QCAT as provided under the QCAT Act—the QCAT Act, section 37
.
(4) However, if the owner of a lot included in a scheme that is not a
specified two-lot scheme applies under chapter 6 for an order of a specialist
adjudicator— (a) at the election of another owner of a lot included in the
scheme, the other owner may be joined as a respondent to the application; and
(b) each party to the application is responsible for the party’s own costs
of the application; and
(c) an owner who elects under paragraph (a) to become
a respondent to the application must give written notice of the election to
the body corporate.
(5) Except as provided in this section and section 406—
(a) an owner of a lot included in a scheme may not make any application under
chapter 6, or to QCAT, in relation to a dispute about changed entitlements
decided by a committee or a body corporate under section 403 or 404; and
(b)
QCAT, a department adjudicator or specialist adjudicator under chapter 6, has
no jurisdiction to hear and determine any application in relation to a dispute
about changed entitlements decided by a committee or a body corporate under
section 403 or 404, including any application about whether the body corporate
acted reasonably under section 94(2).
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