Legislation Definitions

Body corporate legislation definitions


This content is a list of terms used in the Body Corporate and Community Management Act 1997 (PDF)and definitions of their meanings. This is not meant to be a list of all body corporate related terms.

For more body corporate definitions see the dictionary section of Schedule 6 of the Act.
 

Click on each definition to expand

For contribution schedule lot entitlements, an adjustment order is an order of a court, tribunal or specialist adjudicator, made before 14 April 2011, providing for an adjustment of the contribution schedule for an existing scheme.

An adjustment order does not include an order of a court or tribunal giving effect to a decision that is not made by the court or tribunal or another court or tribunal (including a decision that is not, but is taken to have been, made by a court or tribunal).

For example:

An order giving effect to the terms of the settlement of a dispute between a lot owner in an existing scheme and the body corporate, if the terms provide for the adjustment of the contribution schedule for the scheme.
A written agreement between a lot owner in an existing scheme and the body corporate which provides for the adjustment of the contribution schedule for the scheme, is filed in the registry of a court or tribunal, and is enforceable as an order of the court or tribunal.
  •  

Any real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property. Body corporate assets may be any property an individual is capable of acquiring.

For example:

  • an air-conditioning unit may be a body corporate asset when bought by a body corporate, but it will become part of common property when it is installed as a fixture
  • a lot in the scheme acquired by the body corporate for the use of the letting agent freehold land
  • a lease
  • a licence to use land for a particular purpose
  • a billiard table
  • gardening equipment.
Freehold land forming part of the community titles scheme land but not forming part of a lot included in the scheme.‚Äč

A complex dispute is a dispute that can only be decided by a specialist adjudicator or the Queensland Civil and Administrative Tribunal in its original jurisdiction—or the appeal of a decision of a specialist adjudicator or the Queensland Civil and Administrative Tribunal.

Complex disputes include:

  • An application by an owner about whether a body corporate decision to change the contribution schedule lot entitlements was not consistent with the relevant deciding principle (section 47AA(3)(a) of the Act).
  • An application by an owner seeking to adjust the contribution schedule lot entitlement because of a material change to the scheme (section 47B(3)(a) of the Act).
  • An application by an owner seeking to adjust the interest schedule lot entitlements (section 48(1)(a) of the Act).
  • An application by an owner to relating to the reversion of contribution schedule lot entitlements (sections 385(8)(a), 387(6)(a), 405(2)(a), or 412(2)(a) of the Act).
  • A dispute about a review of the terms of a service contract (section 133 of the Act).
  • A dispute about the transfer of letting agent’s management rights (section 149A of the Act).
  • A dispute about a contractual matter about the engagement of a body corporate manager’s caretaking service contractor or the authorisation of a letting agent (section 149B of the Act).
  • An application by a body corporate to review of an exclusive use by law of a former body corporate manager, service contractor or letting agent (section 178 of the Act).

A community management statement is a document registered with Registrar of Titles that sets out the identification of a community titles scheme.

The community management statement identifies matters such as the:

  • scheme land
  • regulation module applying to the scheme
  • lot entitlement schedules
  • by-laws applying to the scheme.

A community titles scheme is scheme land and the single community management statement identified with the Registrar of Titles identifying that scheme land.

A community titles scheme comprises:

  • at least 2 lots
  • common property
  • a single body corporate
  • a single community management statement.

Body corporate manager

A body corporate manageris a person or entity engaged by a body corporate (other than as an employee of the body corporate) to supply administrative services to the body corporate. A body corporate manager may or may not be engaged to carry out the functions of a committee, and the executive members of a committee, for a body corporate.

Caretaking service contractor

A caretaking service contractor is a service contractor for a scheme who is also a letting agent for the scheme, or an associate of the letting agent.

Service contractor

A service contractoris a person or entity engaged by the body corporate (other than as an employee of the body corporate) for a term of at least 1 year to supply services (other than administrative services) to the body corporate for the benefit of the common property or lots included in the scheme.

Services that a service contractor might provide include:

  • caretaking services
  • pool cleaning services.

Debt dispute

A debt dispute is a dispute between a body corporate and a lot owner in the scheme about the recovery, by the body corporate from the owner, of a debt under this Act.

Related debt dispute

A dispute is a related disputeto a debt dispute if:

  • the subject matter of the dispute is related to the subject matter of the debt dispute
  • there are proceedings in a court or before QCAT about the debt dispute
  • the commissioner considers the disputes are connected in a way that makes it inappropriate for the dispute to be dealt with by one of our dispute resolution processes.