Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT LEGISLATION AMENDMENT REGULATION 2024 - REG 59

59 Insertion of new ch 8, pt 3

Chapter 8 —
insert—

Part 3 - Transitional provision for Body Corporate and Community Management Legislation Amendment Regulation 2024

86 Disposal of interest in and leasing or licensing of common property—executed document

(1) This section applies if—

(a) before the commencement, a body corporate had executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a
"transaction" ) had been authorised as required under former section 33(4)(a); and

(b) immediately before the commencement, an instrument (the
"instrument" ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2) Former section 33 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .

87 Disposal of interest in and leasing or licensing of common property—unexecuted document

(1) This section applies if—

(a) before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a
"transaction" ) was authorised or otherwise permitted under former section 33; and

(b) immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 33(4)(a).

(2) New section 33 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

88 Easements over common property—executed document

(1) This section applies if—

(a) before the commencement, a body corporate had, under former section 34, executed a lot owner agreement in relation to common property (the
"transaction" ); and

(b) immediately before the commencement, an instrument had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2) Former section 34 continues to apply in relation to the copy of the lot owner agreement that must accompany the instrument lodged for registration under the Land Title Act 1994 .

89 Easements over common property—unexecuted document

(1) This section applies if—

(a) before the commencement, a grant or surrender of an easement over or affecting common property (a
"transaction" ) was authorised under former section 34; and

(b) immediately before the commencement, the body corporate had not executed a lot owner agreement authorising the transaction under former section 34(3)(a).

(2) New section 34 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

90 Original owner’s return of body corporate property—particular circumstances

(1) This section applies if, before the commencement, an original owner—

(a) was, under former section 67, required to provide documents and materials to a body corporate; and

(b) had not provided the documents or materials.

(2) New section 75 does not apply to the original owner.