Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (COMMERCIAL MODULE) REGULATION 2008 No. 271 - SECT 95

(1) The body corporate may, by ordinary resolution, give a person (a property occupier) who is a service contractor or letting agent an authority (an occupation authority) to occupy a particular part of the common property for particular purposes necessary to enable--

(a) if the property occupier is a service contractor--the property occupier to perform obligations under the property occupier's engagement as a service contractor; or

(b) if the property occupier is a letting agent--the property occupier to operate as a letting agent.

Example--

The body corporate might authorise a letting agent to occupy a particular part of the common property as a reception area, or a caretaker to occupy a shed on the common property for storage of tools and garden implements.

(2) The body corporate may include in the terms of the engagement of a person (also a property occupier) as a service contractor, authority (also an occupation authority) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to perform obligations under the property occupier's engagement as a service contractor.

(3) The body corporate may include in the terms of the authorisation of a person (also a property occupier) as a letting agent, authority (also an occupation authority) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to operate as a letting agent.

(4) The body corporate may give an occupation authority only if the occupation of the part of the common property under the occupation authority would not interfere to an unreasonable extent with the use and enjoyment of a lot or the common property by an occupier of a lot.

(5) An occupation authority--

(a) may include conditions with which the property occupier must comply; and

(b) if given under subsection (1), is taken to be a term of--

(i) for a property occupier who is a service contractor--the property occupier's engagement as a service contractor; or

(ii) for a property occupier who is a letting agent--the property occupier's authorisation as a letting agent; and

(c) may give the property occupier a right to exclusive occupation of the part of the common property the occupation authority relates to; and

(d) must not be amended or terminated without the agreement of the property occupier--

(i) for a property occupier who is a service contractor--during the term of the engagement of the property occupier as a service contractor; or

(ii) for a property occupier who is a letting agent--during the term of the authorisation of the property occupier as a letting agent; and

(e) terminates immediately on--

(i) for a property occupier who is a service contractor--the engagement of the property occupier as a service contractor coming to an end or being terminated; or

(ii) for a property occupier who is a letting agent--the authorisation of the property occupier as a letting agent coming to an end or being terminated.

(6) Despite subsection (5)(c), a right a property occupier may have to exclusive occupation of a part of the common property is subject to the body corporate's right to authorise access to the part by others if the extent of the access does not unreasonably interfere with the occupation of the part by the property occupier.

(7) A service contractor or letting agent may acquire rights to occupy part of the common property for the purpose of the service contractor's engagement or letting agent's authorisation, only under this section.