Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (SPECIFIED TWO-LOT SCHEMES MODULE) REGULATION 2011 No. 305 - SECT 5

(1) A lot owner agreement for a specified two-lot scheme must—

(a) be in writing; and

(b) be dated or contain evidence of the date the agreement is entered into; and

(c) state details of the body corporate matters the owners of the lots included in the scheme are in agreement about; and

(d) either—

(i) if the lot owner agreement is entered into by way of electronic communication—contain evidence of the approval or consent of the owners of the lots included in the scheme; or

(ii) otherwise—be signed by the owners of the lots included in the scheme.

Examples of lot owner agreement being entered into—

An owner of a lot included in a specified two-lot scheme is given a request to enter into a lot owner agreement that complies with the requirements of section 6. The owner could—

sign and date the document in which the request is contained; or

give the owner who made the request a document in response to the request that is dated and signed or, if the document is made by way of electronic communication, that is dated, or contains evidence of a date, and contains evidence of the owner's approval or consent to the request.

(2) Subsection (3) applies if—

(a) there are 2 or more co-owners of a lot included in a specified two-lot scheme; and

(b) 1 or more of the co-owners enters into a lot owner agreement; and

(c) the lot owner agreement complies with subsection (1).

(3) All of the co-owners of the lot are taken to have entered into the lot owner agreement as the owner of the lot.

(4) An electronic communication made under this section must be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001.

(5) In this section—

body corporate matter means a matter—

(a) related to the carrying out of the functions given to the body corporate under the Act or the community management statement; and

(b) for which the body corporate is required or permitted to make a decision under the Act or the community management statement.