Community titles schemes Essay

7714 WordsApr 2, 200931 Pages
Community Titles Schemes LEGISLATIVE STRUCTURE Several different Acts and Regulations impact on the creation, management, occupancy and sale of community titles schemes in Queensland. The main ones are: (i) Body Corporate and Community Management Act 1997 (the BCCM Act) – This Act governs the creation of community titles schemes and their management. It also covers: • termination of schemes and amalgamation • the creation of the body corporate, its powers and functions, financial and property matters, and the obligation to keep specified records • by-laws, including exclusive use by-laws • insurance • sale of lots • dispute resolution procedures (ii) Regulation modules made under the BCCM Act: • Section 322 of the Act authorises the Governor-in-Council to make regulations under the Act. • Section 21 of the Act deals with Regulation Modules made under the Act. • Pursuant to those sections, four different Regulation Modules have been passed which cover different types of community title schemes. • In many instances, the Act provides the source of power while the relevant Regulation Module provides the detail regarding the particular power or function in question. • For example, s 189 states that the Regulation Module applicable to the scheme may require the body corporate to take out insurance for the scheme. It is then necessary to go to the applicable Regulation Module to determine the specific obligations of the body corporate to take out insurance. • Every community titles scheme is governed by only one Regulation Module at any one time (s 21(4)). (It is possible in some circumstances for a body corporate to change the Regulation Module that applies to the community titles scheme.) • Due to the amendments to the BCCM Act in 2003, amendments will also be made to the Regulation Modules, but at the time of writing, no such

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