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A Sunshine Coast body corporate has successfully prosecuted the developer of its staged development for failing to give notice of its intention to change the community titles scheme.*
Under section 29 of the Queensland Body Corporate and Community Management Act 1997 if –
- a community title scheme is intended to be developed progressively; and
- the developer intends to change the scheme in a way inconsistent with the development approval that would affect the nature of the development or the staging,
then the developer must give a written notice of the change as required by the section.
Failure to comply is an offence and carries a current maximum penalty of $43,125.00. More to the point, this case is a reminder of the need for attention to the often-complex issues which confront real estate development, as well as the need for competent members of the development consulting team.
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* Body corporate of the Gympie Pines Fairway Villas v Corella Rd Dev Pty Ltd [2002] QMC
