Queensland Consolidated Acts

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MIXED USE DEVELOPMENT ACT 1993 - SECT 179

179 Notices to be given by members

(1) The original applicant must give to the community body corporate a written notice specifying the original applicant's name in full and address for service.

Maximum penalty—4 penalty units

(2) The transferor of a community development lot, precinct development lot or balance precinct development lot must give to the body corporate written notice within 7 days after delivery to the transferee of the instrument of transfer in a form capable of immediate registration.

Maximum penalty—4 penalty units.

(3) The notice must—

(a) identify the lot; and
(b) specify the transferee's name in full and an address for service; and
(c) specify an address for service for the transferor; and
(d) specify the day on which the instrument of transfer was delivered to the transferee; and
(e) contain a confirmation by the transferee that the information contained in the notice is accurate.

(4) If the transferor fails to comply with subsection (2), the transferee may give to the body corporate a written notice that—

(a) identifies the lot; and
(b) specifies the transferee's name in full and an address for service; and
(c) specifies the day on which the instrument was delivered to the transferee.

(5) If a person becomes entitled (otherwise than as transferee) to be registered under the Real Property Acts as the proprietor of a lot within the site, the person must give to the body corporate written notice of the entitlement within 7 days of becoming entitled.

(6) The notice must—

(a) be in the form of a statutory declaration; and
(b) identify the lot; and
(c) specify the person's name in full and an address for service; and
(d) specify by what right the person became entitled to be registered as the proprietor of the lot; and
(e) specify the day on which the person became entitled to be registered.

(7) If—

(a) a community development lot, precinct development lot or balance precinct development lot is subdivided by a building units or group titles plan; or
(b) a community stratum lot or a precinct stratum lot is subdivided by a building units plan;

the corporation created must notify the body corporate of—

(c) its name; and
(d) its address for service; and
(e) the date it became a corporation.

(8) If a person has given written notice under this section of an address for service and the address is no longer appropriate, the person must give written notice to the body corporate of a new address for service.

(9) If—

(a) a body corporate believes that a person was required to give notice to it under another provision of this section; and
(b) the body corporate has not received the notice;

the body corporate may serve a notice on the person under this subsection.

(10) The notice must—

(a) specify the capacity in which the body corporate believes the person was required to give the notice under this section; and
(b) require the person to state within 14 days whether or not the person was required to give the notice in the capacity; and
(c) if the person was required to give the notice—require the person to give the notice even though the time for giving the notice has expired.

(11) A person on whom a notice under subsection (9) is served is not entitled to cast a vote at a meeting of the body corporate until the person gives effect to the requirements of the notice.



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