Here is a (long) excert from a Community Management Statement for a small 14 lot Body Corporate Scheme that I created recently. You can see where we have outlined why the entitlements are different.
SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS
Lot Contribution Interest
1 101 101
2 94 94
3 105 105
4 107 107
5 104 104
6 108 108
7 105 105
8 100 100
9 94 94
10 107 107
11 139 139
12 134 134
13 134 134
14 134 134
TOTALS 1,566 1,566
The Contribution Schedule Lot Entitlements (CSLE) for the scheme are not equal. As required by s48 of the Body Corporate and Community Management Act 1997 (Qld), the CSLE for the scheme have been allocated having regard to:
(i) The structure of the scheme;
(ii) The nature, features and characteristics of the lots in the scheme; and
(iii) The purpose for which the lots are used.
On the basis of these factors it is just and equitable for there to be a variation in the CSLE for the Scheme. The relative difference in lot entitlements recognises that the factors stated above do not impact on how much each lot should contribute to certain Body Corporate costs such as secretarial fees, audit fees, printing postage and outlays, but the structure of the scheme and the features and characteristics of the lots result in a differential burden on the costs of the Body Corporate for repair and maintenance of the common property.
When allocating the lot entitlements to be included in the CSLE, each of the above factors stated above impacts on the allocation in the following ways:
1. Structure of the Scheme
The scheme is not part of a Layered scheme and does not have mixed use lot, therefore the structure of the scheme does not effect the CSLE.
2. Nature, Feature and Characteristics of the Lots in the Scheme
The Body Corporate is part of a Building Format Plan and is responsible for the repair and maintenance of common property within the scheme. This includes the foyers, external walls and windows, roof, utility infrastructure and utility services. In allocating the CSLE the following features or characteristics of lots in the scheme increase the burden that the lot places on the Body Corporate expenditure for the maintenance, cleaning and repair of the common property on the following basis:
(i) The external surface area of the lot. Additional entitlements are added depending on whether the lot has small, medium, large or extra large external surface area.
(ii) The level of the building on which the lot is situated. Additional entitlements are added depending on the level of the building in which the lot is located. The higher the lot in the building, the higher the cost of maintaining, cleaning and repairing windows and external walls.
(iii) Accommodation costs. Not all lots are expected to have the same number of occupants. Larger lots that can cater for a greater number of occupants have the potential to place a greater burden on common property and additional entitlements are added to reflect this.
3. The Purpose for which the Lots are Used
Each of the lots in the scheme are used for residential purposes and consequently this factor does not contribute to any differences in the lot entitlements.
