Contribution Entitlement Analyses – QLD only
The Queensland Body Corporate and Community Management Act 1997 controls how the contribution entitlements for new schemes are set. It also controls when and how lot owners can change their existing contribution entitlements.
- The legislation allows all bodies corporate to change their contribution entitlements by passing a resolution without dissent. Any lot owner can seek to have inequitable contribution entitlements changed by requesting the body corporate pass a resolution without dissent approving the adjustment.
- In certain bodies corporate the contribution entitlements may also be changed by applying to the Queensland Civil and Administrative Tribunal (QCAT) or a specialist adjudicator for a contribution entitlement adjustment order. A lot owner may be entitled to apply for an adjustment order if they are in a body corporate that was established after 14 April 2011 (and the equity principle was used to set the contribution entitlements) or that has undergone an adjustment trigger change.
Whichever method you are using to adjust your contribution entitlements, we can provide you with an expert body corporate cost analysis report. The report will substantiate your resolution without dissent or a contribution entitlement adjustment application (if this is appropriate).
If you are a developer setting the initial contribution entitlements using the equity principle we can calculate your entitlements to comply with the Act.
*Note: before 14 April 2011 all lot owners could also apply to the Queensland Civil and Administrative Tribunal or a specialist adjudicator for an order to change the contribution entitlements. This right has now been substantially removed for most lot owners. It is important that you check how the legislation applies to your particular scheme carefully before you consider taking legal action. Not sure what or how to check? Call us and we will be happy to assist.
Kaylene Arkcoll is one of Queensland’s foremost consultants in this area. She has prepared formal contribution lot entitlement analysis reports for over one hundred and fifty strata schemes and has provided advice and report review services for many others. Her reports have formed the basis of District Court, CCT, QCAT and specialist adjudication entitlement adjustment orders.
If you would like to find out more about an entitlement adjustment for your property, contact Kaylene Arkcoll on: Free call: 1800 808 991 or email: firstname.lastname@example.org.