Property law review – Lot entitlements under the Body Corporate and Community Management Act 1997 - Final Recommendations

摘要

Final recommendations following the lot entitlements issues paper.ududududThe history of lot entitlements in Queensland is complex and there is no perfect solution that will please all stakeholders. Behind the history of lot entitlement adjustments and reversions, the underlying issue has been the allocation of expenses within community titles schemes.ududIn order to create greater certainty for stakeholders, greater flexibility for developers and increased transparency for purchasers and lot owners, the recommends changes to the current provisions for allocating expenses within community titles schemes. ududThe allocation of expenses in a community titles scheme should reflect both the cost burden that each lot creates on the expenses of the body corporate and the benefit t hat each lot receives from the expenditure of the body corporate. Expenses should be allocated directly, rather than indirectly , through contribution schedule lot entitlements. ududParticular expenses of a body corporate benefit all lots. Where appropriate, these expenses should be shared equally. Where inappropriate to share these expenses equally, they should be shared on the basis of the interest schedule lot entitlement. ududOther expenses of a body corporate benefit some, but not all, lots. Where appropriate, these expenses should be shared equally among the lots that benefit from the expense. Where inappropriate to share these expenses equally, they should be shared among the lots that benefit from the expense on the basis of the interest schedule lot entitlement.