QLD - does anyone know much about the State Housing Act, section 23B?

Discussion in 'Legal Issues' started by jaybean, 15th Apr, 2017.

Join Australia's most dynamic and respected property investment community
  1. jaybean

    jaybean Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    4,752
    Location:
    Here!
    I made an offer an apartment today, owned by an old woman that just moved into a nursing home.

    In one of the documents I was given by the agent included this:

    [​IMG]

    I was curious and looked up the State Housing Act, section 23B is on page 39:

    https://www.legislation.qld.gov.au/LEGISLTN/REPEALED/S/StateHousA45_03B.pdf

    And it has me really confused. This is how I've interpreted the letter (at least the last few paragraphs) - it used to be classified for pensioner use only (maybe it was an old age care facility?) but it no longer is, and it has been opened up for general purpose use. Does this sound like a correct interpretation of the letter?
     
    Last edited: 15th Apr, 2017
  2. Magnet

    Magnet Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    375
    Location:
    Sydney
    That is the way I interpret it...but I have no legal qualifications so probably best you get a conveyancer to have a look over it!
     
    Whitecat likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,229
    Location:
    Sydney or NSW or Australia
    (6) The commission may upon such terms and conditions as the commission thinks fit sell a lot that is the subject of a reservation referred to in subsection (1) to a person if the commission is satisfied that— (a) that person is of limited means; and (b) that person is a pensioner or the spouse of a pensioner; and (c) that person has attained the age of 55 years; and (d) that person intends to use the lot as a home for— (i) himself or herself; or (ii) himself or herself and his or her spouse; or (iii) himself or herself and 1 other person; and for no other person; and (e) except in circumstances approved by the commission, none of the persons for whom the lot is intended to be used as a home owns any other dwelling house in Queensland or elsewhere.

    I note that 6d) and more importantly 6e) may still apply if the property is being sold by the commission.
     
    ellejay likes this.

Property Investors! Ready to Pay Less Tax? Estimate how much Property Depreciation you can claim on your Investment Property. Washington Brown's calculator is the first calculator to draw on real properties to determine an accurate estimate.