Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 85

85 Approval for amalgamations

(1) Scheme A and scheme B may be amalgamated if the body corporate for scheme A and the body corporate for scheme B each agree, by resolution without dissent, to—

(a) the amalgamation; and

(b) the community management statement to be recorded for scheme C.

(2) If scheme A and scheme B are subsidiary schemes, the body corporate for the community titles scheme that includes scheme A and scheme B as lots must also consent to the amalgamation, but by ordinary resolution.

(3) Alternatively, scheme A and scheme B may be amalgamated if the District Court, on the application of the owner of a lot included in scheme A or scheme B, or the body corporate for scheme A or scheme B, decides it is just and equitable to amalgamate the schemes, and makes an order for amalgamating them.

(4) If schemes A and B are, or are to be, amalgamated under subsection (1) or (3) , the District Court may make an order, if it considers it is just and equitable to make the order, about—

(a) the contents of the community management statement for scheme C; or

(b) the disposition of liabilities that, immediately before the amalgamation, were liabilities of the body corporate for scheme A or scheme B.

(5) The court may make an order under subsection (4) on application by the body corporate for scheme A or B.