The amendments to the Queensland Body Corporate and
Community Management Act that undo changes made in April 2011
by the previous Government took effect at the start of the month.
Body Corporates and their committees should be ready to deal with
requests from owners to undo changes made under the April 2011
This may affect your building if:
An owner obtained an adjustment order from the adjudicator to
change the contribution entitlements; and
After April 2011 another owner made an application to change
them back to the original contribution entitlements.
It is now open for an owner to write to the body corporate
requesting the entitlements revert back to the adjustment order
The body corporate must then follow the procedure in the Act
which principally consists of identifying the correct adjustment
order entitlements, providing a copy to all owners informing them
of the proposal to return the scheme to those entitlements and
allowing owners at least 28 days to make submissions. The committee
must consider those submissions and then amend the CMS to reflect
the adjustment order entitlements.
Whilst owner's submissions need to be considered, the only
basis the Act allows for departure from the adjustment order is
where in the intervening period lots has been subdivided or
amalgamated. In those cases, the necessary adjustments need to be
made; otherwise the adjudicator's orders should be reinstated.
The amended CMS should then be registered and with the changes
taking effect from the date of registration.
Finally the State Government has indicated that the Body
Corporate and Community Management Act is up for review and
submissions from interested parties will be sort for in due course.
If your committee believes that there are issues with the regime
that need to be changed then it should begin articulating those
issues and preparing to make a submission at a relevant time.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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