Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (Qld)

An Act to amend the Body Corporate and Community Management Act 1997, the Building Units and Group Titles Act 1980, the Land Sales Act 1984, the Land Title Act 1994 and the South Bank Corporation Act 1989 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Body Corporate and Community Management and Other Legislation Amendment Act 2023.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) sections 4 to 25 and 27 to 45; (b) part 5.

Part 2 Amendment of Body Corporate and Community Management Act 1997

3 Act amended This part amends the Body Corporate and Community Management Act 1997.

4 Omission of s 34 (Body corporate's seal) Section 34— omit.

5 Amendment of s 47 (Application of lot entitlements) Section 47(3)(b), before 'the lot owner's interest'— insert— if the scheme is terminated under chapter 2, part 9, division 2 or 3—

6 Amendment of s 59 (Taking effect of community management statement) Section 59(3)— omit, insert— (3) Subsection (2) has effect as if the community management statement included mutual covenants to observe its provisions entered into by each person bound by it.

7 Replacement of ch 2 , pt 9 (Termination of community titles schemes) Chapter 2, part 9— omit, insert—

Part 9 Termination of community titles schemes—basic schemes

Division 1 Preliminary

76 Purpose of part The purpose of this part is to provide for— (a) the process for the termination of a community titles scheme that is a basic scheme; and Note— A community titles scheme that is not a basic scheme would need to become a basic scheme in order to be terminated under this part. (b) the dissolution of the body corporate for the scheme.