Queensland Consolidated Acts
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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 41
Exemption from certain provisions of Act
41 Exemption from certain provisions of Act
(1) Where all of the proprietors of lots contained in a plan reside
permanently in their respective lots the body corporate may by
resolution without dissent resolve that any one or more of the following
provisions of this Act shall not apply to that body corporate—
section 74 (a) and (b) ;
(b) schedule 2 , part 2 , sections 1 (4) (d) , (5) ,
(6) , (7) , (8) and (10) , 4 (b) , 5 (b) , 6 and 8 ;
(c) schedule 4 ,
section 10 (f) insofar as that section casts a duty upon a secretary of the
body corporate and any regulation prescribing any procedure for the carrying
out of that duty.
(1A) A resolution pursuant to subsection (1) shall cease to
be a resolution of the body corporate if the proprietor of any lot ceases to
reside permanently therein.
(2) Where subsections (1) and (1A) do not apply
to a body corporate, it may by resolution without dissent resolve to make an
application on any 1 or more of the prescribed grounds to the referee for an
order that any 1 or more of the provisions of this Act specified in subsection
(1) shall not apply to that body corporate.
(3) An application made by a
body corporate pursuant to subsection (2) shall be in the approved form, be
accompanied by the prescribed fee (if any) and specify the grounds upon which
the application is made.
(4) Where the referee considers that the grounds
specified in an application made pursuant to subsection (2) justify the making
of an order the referee may make an order specifying which provision or
provisions of this Act specified in subsection (1) shall not apply to the
body corporate which made the application.
(4A) Where, upon an application by
a proprietor or the body corporate for an order under this subsection, a
referee considers that such an order should be made, the referee may by
(a) revoke an order made under subsection (4) ; or
(b) vary an order
made under subsection (4) ; or
(c) determine that the order made under
subsection (4) shall apply or shall not apply to the extent indicated in the
order and either generally or in respect of the applicant.
(5) The provisions
of part 5 shall so far as applicable apply to the making of an order under
(6) For so long as a resolution made under subsection (1) or an
order made under subsection (4) or (4A) subsists, the provisions of this Act
the subject of the resolution or, as the case may be, order shall not apply to
the extent indicated in the resolution or order.
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