Body Corporate and Community Management (Accommodation Module) Regulation 1997 (QLD)

Queensland Body Corporate and Community Management Act 1997 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Reprinted as in force on 1 January 2008 Reprint No. 3F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 270 s 206

Information about this reprint This regulation is reprinted as at 1 January 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Body Corporate and Community Management (Accommodation Module) Regulation 1997 Contents Part 1 1 2 3 4 5 6 Part 2 7 Part 3 Division 1 8 9 Division 2 10 10A Division 3 11 Division 4 12 13 14 14A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Application of this regulation—Act, s 22 [SM, s 3] . . . . . . . . . . . . 11 Dictionary [SM, s 4] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 References [SM, s 5] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 References to standard module . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Community management statements Permitted inclusions—Act, s 66 [SM, s 6]. . . . . . . . . . . . . . . . . . . 14 Body corporate committee Preliminary Requirement for committee—Act, s 98 [SM, s 7] . . . . . . . . . . . . . 15 Purpose of pt 3 [SM, s 8] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Composition—Act, s 99 Composition of committee [SM, s 9]. . . . . . . . . . . . . . . . . . . . . . . 15 Non-voting members of committee [SM, s 9A] . . . . . . . . . . . . . . . 16 Eligibility—Act, s 99 Eligibility for committee membership [SM, s 10]. . . . . . . . . . . . . . 16 Choosing of committee—Act, s 99 When committee is chosen [SM, s 11] . . . . . . . . . . . . . . . . . . . . . 18 Election of committee [SM, s 12] . . . . . . . . . . . . . . . . . . . . . . . . . 19 Nomination procedures for election of committee other than at first annual general meeting [SM, s 13] . . . . . . . . . . . . . . . . . . . . 20 Requirements for nominations [SM, s 13A] . . . . . . . . . . . . . . . . . 21

2 Body Corporate and Community Management (Accommodation Module) Regulation 1997 15 16 17 17A 18 19 20 21 22 Division 4A 22A 22B 22C 22D Division 5 23 Division 5AA 23AA 23AB Division 5A 23A 23B 23C 23D 23E 23F Modified nomination procedures for election of committee at first annual general meeting [SM, s 14] . . . . . . . . . . . . . . . . . . . . Modified election procedures for election of committee at first annual general meeting [SM, s 15]. . . . . . . . . . . . . . . . . . . . . . . . Conduct of elections for committee [SM, s 16] . . . . . . . . . . . . . . . Conduct of ballot—information to be forwarded with notice of meeting ........................................ Election of ordinary members of committee [SM, s 18] . . . . . . . . Conduct of ballot—general requirements [SM, s 19] . . . . . . . . . . Conduct of ballot—deciding executive member positions [SM, s 21] .......................................... Conduct of ballot—deciding ordinary member positions [SM, s 22] ......................................... Conduct of ballot—declaration of voting results [SM, s 23] . . . . . Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 Definitions for div 4A [SM, s 24] . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to call extraordinary general meeting [SM, s 24A] . Appointment of committee member at extraordinary general meeting [SM, s 24B] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engagement of body corporate manager under div 10 at extraordinary general meeting [SM, s 24C] . . . . . . . . . . . . . . . . . Term of office of committee—Act, s 99 Term of office [SM, s 25]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removing committee voting member for breaching code of conduct—Act, section 101B Notice for breach of code of conduct . . . . . . . . . . . . . . . . . . . . . . Removal of member at general meeting . . . . . . . . . . . . . . . . . . . Filling casual vacancies on committee—Act, s 99 Application of div 5A [SM, s 25A] . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of member removed from office by body corporate [SM, s 25B]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee must appoint new member or call general meeting of body corporate [SM, s 25C] . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for notice of general meeting [SM, s 25D]. . . . . . . Election of committee member at general meeting [SM, s 25E] . Engagement of body corporate manager under div 10 at general meeting [SM, s 25F] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 23 23 24 24 25 25 27 28 29 29 29 30 31 32 33 33 33 34 34 36

3 Body Corporate and Community Management(Accommodation Module) Regulation 1997 Division 6 24 Division 7 25 26 27 28 29 30 30A 30B Division 8 31 32 33 Division 9 34 35 Division 10 Subdivision 1 35A 35B 35C Subdivision 2 35D Subdivision 3 35E Part 4 Division 1 36 Division 2 37 Restricted issues Restricted issues for committee—Act, s 100 [SM, s 26] . . . . . . . Administrative arrangements for committee meetings—Act, s 101 Who may call committee meetings [SM, s 27] . . . . . . . . . . . . . . . Notice of committee meetings [SM, s 28]. . . . . . . . . . . . . . . . . . . Place of committee meetings [SM, s 29] . . . . . . . . . . . . . . . . . . . Agenda for committee meetings [SM, s 30] . . . . . . . . . . . . . . . . . Chairing committee meetings [SM, s 31] . . . . . . . . . . . . . . . . . . . Quorum at committee meetings [SM, s 32] . . . . . . . . . . . . . . . . . Attendance at committee meetings—non-voting members [SM, s 32A] ........................................ Attendance at committee meetings—non-members [SM, s 32B]. Voting at committee meetings—Act, s 101 Voting at committee meetings [SM, s 33] . . . . . . . . . . . . . . . . . . . Conflict of interest [SM, s 34] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting outside committee meetings [SM, s 35]. . . . . . . . . . . . . . . General matters for committee meetings—Act, s 101 Minutes and other records of committee [SM, s 36] . . . . . . . . . . . Reporting particular payments to committee [SM, s 37A] . . . . . . Engagement of body corporate manager to carry out functions of committee and executive members Engagement of body corporate manager When body corporate manager may be engaged to carry out functions of a committee and its executive members [SM, s 37B] Form of engagement [SM, s 37C] . . . . . . . . . . . . . . . . . . . . . . . . Term of engagement [SM, s 37D]. . . . . . . . . . . . . . . . . . . . . . . . . Functions and powers of body corporate manager Functions and powers [SM, s 37E]. . . . . . . . . . . . . . . . . . . . . . . . Reports to body corporate Body corporate manager’s reports to body corporate [SM, s 37F] ....................................... General meetings Purpose of part Purpose of pt 4 [SM, s 38] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative arrangements for general meetings—Act, s 104 Types of general meetings [SM, s 39] . . . . . . . . . . . . . . . . . . . . . 36 38 39 40 40 41 41 41 42 43 44 45 46 47 48 50 50 51 51 53 53

38 39 40 40A 40B 40C 41 42 43 44 45 46 Division 3 47 47A 48 49 50 51 51A 51B 52 53 54 Division 4 55 56 57 Division 5 58 59 59A 4 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Who may call general meetings [SM, s 40] . . . . . . . . . . . . . . . . . Opportunity to submit agenda motions [SM, s 41] . . . . . . . . . . . . Notice of general meeting [SM, s 42] . . . . . . . . . . . . . . . . . . . . . . Requirements for voting papers [SM, s 42A] . . . . . . . . . . . . . . . . Motion with alternatives [SM, s 42B] . . . . . . . . . . . . . . . . . . . . . . Explanatory material accompanying voting paper [SM, s 42C] . . Time of general meetings [SM, s 43] . . . . . . . . . . . . . . . . . . . . . . Place of general meetings [SM, s 44]. . . . . . . . . . . . . . . . . . . . . . Agenda for general meeting [SM, s 45] . . . . . . . . . . . . . . . . . . . . Chairing general meetings [SM, s 46] . . . . . . . . . . . . . . . . . . . . . Power of person chairing meeting to rule motion out of order [SM, s 47] ...................................... Quorum for general meetings [SM, s 48] . . . . . . . . . . . . . . . . . . . Voting at general meetings—Act, s 104 Meaning of voter for general meeting [SM, s 49] . . . . . . . . . . . . . Displacement or disentitlement of right to vote [SM, s 49A] . . . . . Representation of body corporate [SM, s 50]. . . . . . . . . . . . . . . . Exercise of vote at general meetings [SM, s 51] . . . . . . . . . . . . . Voting at general meeting [SM, s 52] . . . . . . . . . . . . . . . . . . . . . . When motion must be decided by secret ballot [SM, s 53]. . . . . . How secret ballot must be conducted [SM, s 53A] . . . . . . . . . . . . Conduct of secret ballot—voting [SM, s 53B] . . . . . . . . . . . . . . . . Appointment and functions of returning officer [SM, s 54] . . . . . . Secretary to have available for inspection body corporate roll etc. [SM, s 55] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of voting results on motions [SM, s 56] . . . . . . . . . . . Procedures at general meeting—Act, s 104 Amendment of motions at general meetings [SM, s 57]. . . . . . . . Amendment or revocation of resolutions passed at general meeting [SM, s 58] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes of general meetings [SM, s 59] . . . . . . . . . . . . . . . . . . . . Other matters for general meetings—Act, s 104 Requirement for annual general meetings [SM, s 60] . . . . . . . . . Requirement for requested extraordinary general meeting [SM, s 61] ......................................... Failure to call requested extraordinary general meeting [SM, s 61A] ........................................ 53 54 55 56 57 58 61 61 61 62 63 64 65 67 67 68 69 70 71 73 74 75 75 76 77 77 78 78 79

59B Division 6 60 60A 61 Part 5 Division 1 62 Division 2 63 64 64A 65 66 67 68 Division 3 69 70 71 72 73 74 Part 6 Division 1 75 75A Division 2 75B 76 77 5 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 61B] . . . . . . . . . . . . . . . . First annual general meeting—Act, s 104 First annual general meeting [SM, s 62]. . . . . . . . . . . . . . . . . . . . First annual general meeting—scheme established by amalgamation [SM, s 62A] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 63] . . . . . . . . . . . . . . . . . . Proxies Purpose of part Purpose of pt 5 [SM, s 64] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for committee members—Act, s 102 Purpose of div 2 [SM, s 65] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment [SM, s 66] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on voting by proxy—committee for body corporate for principal scheme in layered arrangement [SM, s 66A] . . . . . . Restrictions on appointment [SM, s 67] . . . . . . . . . . . . . . . . . . . . Form of proxy [SM, s 68] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions about proxy use [SM, s 69]. . . . . . . . . . . . . . . Offence [SM, s 70] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for body corporate members—Act, s 103 Purpose of div 3 [SM, s 71] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment [SM, s 72] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of proxy [SM, s 73] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of proxy [SM, s 74] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions about proxy use [SM, s 75]. . . . . . . . . . . . . . . Offence [SM, s 76] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate managers, service contractors and letting agents Preliminary Purpose of pt 6 [SM, s 77] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 6 to part 3, division 10 engagements [SM, s 77A] ........................................ Requirements for engagements and authorisations—Act, s 122 Definition for div 2 [SM, s 77B] . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of engagement [SM, s 78]. . . . . . . . . . . . . . . . . . . . . . . . . . Form of authorisation [SM, s 79] . . . . . . . . . . . . . . . . . . . . . . . . . 79 80 81 82 84 84 84 85 85 85 86 86 86 86 87 88 89 90 91 91 91 92 92

78 79 80 81 Division 3 82 83 Division 4 84 84A 84B 84C Division 5 85 Division 6 85A 86 87 88 Division 7 89 89A Division 8 90 Part 7 Division 1 91 Division 2 92 92A 6 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Term of engagement of body corporate manager [SM, s 80] . . . . Term of engagement of service contractor [SM, s 81] . . . . . . . . . Term of authorisation of letting agent [SM, s 82] . . . . . . . . . . . . . Commencement of term of engagement or authorisation [SM, s 83] ......................................... Transferring engagements and authorisations—Act, s 122 Transferring engagements and authorisations [SM, s 84] . . . . . . Payment of amount on transfer [SM, s 85] . . . . . . . . . . . . . . . . . . Termination of engagements and authorisations—Act, s 122 Purpose of div 4 [SM, s 86] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination under the Act, by agreement etc. [SM, s 86A] . . . . . Termination for conviction of particular offences etc. [SM, s 86B] Termination for failure to comply with remedial action notice [SM, s 86C] .................................... Authority for engagements and authorisations—Act, s 122 Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 87] . . . . . . . . . . . . . . . . . . . Disclosure requirements—Act, s 122 Definition for div 6 [SM, s 87A] . . . . . . . . . . . . . . . . . . . . . . . . . . . Associate supplying goods or services [SM, s 88] . . . . . . . . . . . . Disclosure of associate contract [SM, s 89] . . . . . . . . . . . . . . . . . Disclosure of commission or other benefit [SM, s 90] . . . . . . . . . Occupation of common property—Act, s 122 Occupation of common property by service contractor or letting agent [SM, s 91] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupation of common property by service contractor may include right of access [SM, s 91A] . . . . . . . . . . . . . . . . . . . . . . . Review of remuneration—Act, s 129 Review of remuneration under engagement of service contractor [SM, s 92] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial management Purpose of part Purpose of pt 7 [SM, s 93] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budgets—Act, s 150 Budgets [SM, s 94] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjusting proposed budgets at annual general meeting [SM, s 94A] ......................................... 93 93 94 95 95 97 98 99 99 100 102 104 104 104 105 106 108 109 109 109 111

7 Body Corporate and Community Management(Accommodation Module) Regulation 1997 Division 3 93 94 95 96 Division 3A 97 Division 4 98 98A 99 99A Division 5 100 Division 6 101 102 103 Division 7 104 105 106 Part 8 Division 1 107 Division 2 108 109 110 111 112 113 Contributions levied by body corporate—Act, s 150 Contributions to be levied on owners [SM, s 95] . . . . . . . . . . . . . Notice of contribution payable [SM, s 96] . . . . . . . . . . . . . . . . . . . Discounts for timely payment [SM, s 97] . . . . . . . . . . . . . . . . . . . Penalties for late payment [SM, s 98] . . . . . . . . . . . . . . . . . . . . . . Payment and enforcement of body corporate debts Payment and recovery of body corporate debts [SM, s 99] . . . . . Administrative and sinking funds—Act, s 150 Administrative and sinking funds [SM, s 100]. . . . . . . . . . . . . . . . Administration of administrative or sinking fund by body corporate manager [SM, s 100A] . . . . . . . . . . . . . . . . . . . . . . . . . Application of administrative and sinking funds [SM, s 101]. . . . . Reconciliation statements [SM, s 101A]. . . . . . . . . . . . . . . . . . . . Borrowing—Act, s 150 Power to borrow [SM, s 102] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of spending—Act, s 150 Spending by committee [SM, s 103]. . . . . . . . . . . . . . . . . . . . . . . Quotes for major spending decided by body corporate [SM, s 104] ......................................... Quotes for major spending decided by committee . . . . . . . . . . . . Accounts and audit—Act, s 150 Accounts [SM, s 105] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit [SM, s 106] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auditing qualifications and experience—Act, sch 6 [SM, s 107]. . Property management Purpose of part Purpose of pt 8 [SM, s 108] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common property Duties of body corporate about common property—Act, s 152 [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mailbox and notice board—Act, s 153 [SM, s 110]. . . . . . . . . . . . Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . Easements over common property—Act, s 155 [SM, s 112] . . . . Improvements to common property by body corporate—Act, s 159 [SM, s 113] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements to common property by lot owner—Act, s 159 [SM, s 114] .................................... 112 114 114 115 116 117 118 119 120 121 121 122 123 124 125 127 127 128 130 130 132 132 133

Division 3 114 115 116 Division 4 117 Division 5 118 Division 6 119 Division 7 120 121 Division 8 122 123 124 Division 9 125 125A 126 127 128 129 130 131 132 133 134 135 136 8 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Body corporate assets Duties of body corporate about body corporate assets—Act, s 152 [SM, s 115] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition of amenities for benefit of lot owners—Act, s 156 [SM, s 116] .................................... Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 117] . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement with another body corporate Sharing facilities [SM, s 118] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Services for and obligations of owners and occupiers Supply of services by body corporate—Act, s 158 [SM, s 119] . . Condition of lot Obligations of owners and occupiers—Act, s 160 [SM, s 120]. . . Power to act for owners and occupiers Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 121] . . . . . . . . . . . . . . . . . . . . . . . . Body corporate’s power to take action to remedy defective building work—Act, s 162 [SM, s 122] . . . . . . . . . . . . . . . . . . . . . Exclusive use by-laws Conditions and obligations under exclusive use by-law—Act, s 173 [SM, s 123] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements—Act, s 173 [SM, s 124] . . . . . . . . . . . . . . . . . . . . Recovery of amount owed—Act, s 173 [SM, s 125] . . . . . . . . . . . Insurance—Act, s 189 Definitions for div 9 [SM, s 126] . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of insurance details at annual general meeting [SM, s 126A] ....................................... Insurance of common property and body corporate assets [SM, s 127] ........................................ Insurance of building including lots [SM, s 128] . . . . . . . . . . . . . . Insurance for buildings with common walls [SM, s 129] . . . . . . . . Premium [SM, s 130] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements affecting premium [SM, s 131] . . . . . . . . . . . . . . . Use affecting premium [SM, s 132] . . . . . . . . . . . . . . . . . . . . . . . Excess [SM, s 133]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance for buildings with no common walls [SM, s 134] . . . . . Combined policy of insurance [SM, s 135] . . . . . . . . . . . . . . . . . . Public risk insurance [SM, s 136] . . . . . . . . . . . . . . . . . . . . . . . . . Use of insurance money [SM, s 137] . . . . . . . . . . . . . . . . . . . . . . 134 134 136 137 137 138 139 139 140 141 141 142 142 143 144 145 146 147 148 148 149 151 151 152

Part 9 Division 1 137 Division 2 138 Division 3 139 140 141 Division 4 142 143 144 145 146 Division 5 147 148 149 150 Part 10 151 152 Part 11 153 154 155 156 157 158 159 9 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Administrative matters Purpose of part Purpose of pt 9 [SM, s 138] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate’s seal—Act, s 34 Body corporate’s seal [SM, s 139] . . . . . . . . . . . . . . . . . . . . . . . . Notices—Act, s 201 Notices for roll [SM, s 140] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address for service [SM, s 141] . . . . . . . . . . . . . . . . . . . . . . . . . . Change of address [SM, s 142] . . . . . . . . . . . . . . . . . . . . . . . . . . Rolls and registers—Act, s 204 Roll of lots and entitlements [SM, s 143] . . . . . . . . . . . . . . . . . . . Register of assets [SM, s 144] . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of engagements and authorisations [SM, s 145] . . . . . . Register of authorisations affecting the common property [SM, s 146] ........................................ Register of allocations under exclusive use by-law [SM, s 147] . . Documents and information Definitions for div 5 [SM, s 148] . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping and disposal of records—Act, s 204 [SM, s 149] . . . . . . Access to records—Act, s 204 [SM, s 150] . . . . . . . . . . . . . . . . . Fee for information given to interested persons—Act, s 205 [SM, s 151] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Return of body corporate property—Act, s 322 [SM, s 152] . . . . Documents in custody of body corporate manager—Act, s 322 [SM, s 153] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for BodyCorporateandCommunityManagementLegislationAmendmentRegulation(No.1)2003 Definitions for pt 11 [SM, s 154] . . . . . . . . . . . . . . . . . . . . . . . . . . Existing committees—composition [SM, s 155] . . . . . . . . . . . . . . Existing committee members—eligibility [SM, s 156] . . . . . . . . . . Existing decisions of committee about payment of remuneration etc. [SM, s 157] . . . . . . . . . . . . . . . . . . . . . . . . . . . General meetings of body corporate and committee meetings called before commencement [SM, s 158] . . . . . . . . . . . . . . . . . . Existing engagements and authorisations [SM, s 159] . . . . . . . . Application of new requirements to existing body corporate managers [SM, s 160] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 154 154 156 157 157 158 159 160 161 161 162 165 165 166 167 168 168 168 169 169 169 170

10 Body Corporate and Community Management (Accommodation Module) Regulation 1997 160 161 Part 12 162 Schedule Existing body corporate debts [SM, s 161]. . . . . . . . . . . . . . . . . . Existing policies of insurance [SM, s 162] . . . . . . . . . . . . . . . . . . Other transitional provisions Transitional provision for Audit Legislation Amendment Act 2006 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 171 171 172 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 176 177 177 178 179

s 1 11 s 3 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Body Corporate and Community Management (Accommodation Module) Regulation 1997 [as amended by all amendments that commenced on or before 1 January 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Body Corporate and Community Management (Accommodation Module) Regulation 1997 . 2 Commencement This regulation commences on 11 August 1997. 3 Application of this regulation—Act, s 22 [SM, s 3] (1) This regulation is a regulation module for the Act. (2) For this regulation to apply to a community titles scheme— (a) the lots included in the scheme must be predominantly accommodation lots; or (b) both of the following must apply for the scheme— (i) the lots included in the scheme are not predominantly accommodation lots; 1 (ii) when the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identifying this regulation as the regulation module applying to the scheme was 1 For example, although the lots were offered for sale as accommodation lots, the buyers might have chosen not to use them as accommodation lots.

s 3 12 s 3 Body Corporate and Community Management (Accommodation Module) Regulation 1997 recorded, the lots included in the scheme were intended to be predominantly accommodation lots; or (c) all of the following must apply for the scheme— (i) the lots included in the scheme have previously been, but are no longer, predominantly accommodation lots; (ii) when the lots included in the scheme last stopped being predominantly accommodation lots, the community management statement for the scheme identified this regulation as the regulation module applying to the scheme; (iii) since the lots included in the scheme last stopped being predominantly accommodation lots, each community management statement (if any) recorded for the scheme has identified this regulation as the regulation module applying to the scheme. 2 (3) In this section— accommodation lot means a lot that is either or both of the following— (a) the subject of a lease or letting for accommodation for long or short term residential purposes, or immediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes; (b) part of a hotel. hotel means an establishment organised and operated principally for providing accommodation in guest rooms or suites and offering food and drink, whether or not the establishment includes any of the following— (a) restaurants; (b) function rooms; 2 See also section 21 (Meaning of regulation module ) of the Act.

s 4 13 s 5 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (c) a nightclub or cabaret; (d) shops for tourists; (e) recreation facilities. 4 Dictionary [SM, s 4] The dictionary in the schedule defines particular words used in this regulation. 5 References [SM, s 5] (1) In a provision of this regulation about a community titles scheme, a reference to— (a) the committee, is a reference to the committee for the body corporate for the scheme; and (b) the chairperson, is a reference to the chairperson of the body corporate for the scheme; and (c) the secretary, is a reference to the secretary of the body corporate for the scheme; and (d) the treasurer, is a reference to the treasurer of the body corporate for the scheme. 3 (2) If, for a community titles scheme, a body corporate manager is acting under a part 3, division 10 engagement, a reference in this regulation to the committee, chairperson, secretary or treasurer of the body corporate for the scheme is, if the context permits, a reference to the body corporate manager. Example — Sections 24, 39(1)(b), 43, 101 and 103 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a part 3, division 10 engagement. 3 See also section 8 (References) of the Act.

s 6 14 s 7 Body Corporate and Community Management (Accommodation Module) Regulation 1997 6 References to standard module (1) The information included in square brackets after a section heading is a reference to a comparable section of the standard module. (2) The brackets and information do not form part of this regulation. Part 2 Community management statements 7 Permitted inclusions—Act, s 66 [SM, s 6] A community management statement may include the following— (a) arrangements for future connections to utility infrastructure necessary to accommodate progressive development; (b) provisions adopting and regulating the operation of an architectural and landscape code, including the establishment and operation of an architectural review committee; (c) if the scheme is the principal scheme in a layered arrangement of community titles schemes, or in a scheme intended to be developed progressively—arrangements or proposed arrangements with subsidiary schemes for the use, by the subsidiary schemes, of the common property or body corporate assets for the principal scheme. Example for paragraph (c) — The principal scheme might allow a subsidiary scheme to allocate carparks situated on the common property for the principal scheme.

s 8 15 s 10 Body Corporate and Community Management(Accommodation Module) Regulation 1997 Part 3 Body corporate committee Division 1 Preliminary 8 Requirement for committee—Act, s 98 [SM, s 7] (1) There must, unless subsection (2) applies, be a committee for the body corporate for a community titles scheme. (2) There is no committee for the body corporate if the body corporate engages, under division 10, a body corporate manager to carry out the functions of a committee and each executive member of a committee. 9 Purpose of pt 3 [SM, s 8] The purposes of this part are— (a) to provide for the composition of a committee for the body corporate for a community titles scheme, the choosing of members of the committee and meetings of the committee; and (b) to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee. Division 2 Composition—Act, s 99 10 Composition of committee [SM, s 9] (1) The committee consists of— (a) the persons chosen to be the executive members of the committee; and (b) if ordinary members are chosen for the committee—the ordinary members; and (c) each person who is a non-voting member of the committee.

s 10A 16 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 11 (2) The one person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (3) Subject to subsection (4), the committee must consist of the required number of members for the committee. (4) Subsection (3) does not apply to a committee mentioned in section 12(3) or (4). (5) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 4 of the Act to exercise some or all of the powers of an executive member of the committee. 10A Non-voting members of committee [SM, s 9A] (1) The following persons are, without further election or appointment, members of the committee— (a) a body corporate manager for the scheme; (b) a caretaking service contractor for the scheme. (2) A person who is a member under this section is a non-voting member of the committee. (3) Subsection (2) applies even if the person is a member of the body corporate. (4) A non-voting member is not entitled to vote at a meeting of the committee. Division 3 Eligibility—Act, s 99 11 Eligibility for committee membership [SM, s 10] (1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the 4 Section 119 (Schemes for which there is a committee for the body corporate) of the Act

s 11 17 s 11 Body Corporate and Community Management (Accommodation Module) Regulation 1997 committee by a member of the body corporate (the nominating entity ) and is also— (a) a member of the body corporate; or (b) a person of a following category— (i) if the nominating entity is an individual— (A) a member of the individual’s family; or (B) a person acting under the authority of a power of attorney given by the individual; (ii) if the nominating entity is a corporation—a director, secretary or other nominee of the corporation; (iii) if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a representative of the subsidiary scheme. (2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is not eligible to be a voting member of the committee if the person is— (a) a body corporate manager, service contractor or letting agent; or (b) an associate of a body corporate manager, service contractor or letting agent, other than a lot owner who is the associate of a letting agent only because the letting agent, in conducting the agent’s letting agent business, acts for the lot owner; or (c) a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme. (3) Also, a member of the body corporate— (a) is not eligible to be a voting member of the committee if the member owes a body corporate debt when the members of the committee are chosen; and (b) may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary.

s 12 18 s 12 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (4) Unless otherwise permitted under this regulation, 5 only 1 co-owner of a lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. (5) In this section— family , of a nominating entity who is an individual, means the following persons— (a) the individual’s spouse; (b) each of the children of the individual or the individual’s spouse who is 18 years or more, including a step child or an adopted child; (c) each of the individual’s parents, including a step parent; (d) a brother or sister of the individual. Division 4 Choosing of committee—Act, s 99 12 When committee is chosen [SM, s 11] (1) The choosing of the members of the committee must happen at each annual general meeting of the body corporate. (1A) Also, members of the committee may be chosen other than at an annual general meeting if they are chosen under division 4A or 5A. 6 (2) Subsection (1) does not apply for an annual general meeting if, when the annual general meeting is held— (a) there are only 2 lots included in the scheme, and the 2 lots are in identical ownership; or 5 See, for example— • section 21 (Conduct of ballot—deciding ordinary member positions) • section 22C (Appointment of committee member at extraordinary general meeting) • section 23E (Election of committee member at general meeting). 6 Division 4A (Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99) or 5A (Filling casual vacancies on committee—Act, s 99)

s 13 19 s 13 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (b) there are only 2 lots included in the scheme, and the 2 lots are in different ownership; or (c) there are 3 or more lots included in the scheme, and all of the lots are in identical ownership; or (d) there are 3 or more lots included in the scheme, and there are only 2 different owners for all the lots. (3) If subsection (2)(a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (4) If subsection (2)(b) or (d) applies, the committee consists of 2 individuals who are owners, or the nominees of owners, of lots, and they must decide between themselves who are to hold the positions of the executive members of the committee (and, if they cannot agree, the positions of the executive members are jointly held by both of them). (5) If, under subsection (3), at the first annual general meeting of the body corporate the committee formed at the meeting consists of only 1 individual, the committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. (6) This division applies to an extraordinary general meeting mentioned in subsection (5) as if the extraordinary general meeting was the next annual general meeting after the first annual general meeting. (7) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under division 10 a body corporate manager to carry out the functions of a committee and each executive member of a committee. 13 Election of committee [SM, s 12] (1) The members of the committee must be chosen by an election conducted in accordance with sections 14 to 21, unless the body corporate decides by special resolution that the members are to be elected in another way.

s 14 20 s 14 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (2) Unless otherwise provided under this regulation, 7 the election of a member must be by ballot. (3) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (4) For subsection (3), it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (5) A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. (6) This section does not apply to— (a) a member of a committee mentioned in section 12(3) or (4); or (b) a member of a committee chosen under division 4A or 5A. 14 Nomination procedures for election of committee other than at first annual general meeting [SM, s 13] (1) This section states how individuals are nominated for election (other than an election held at the first annual general meeting for the scheme) as chairperson, secretary, treasurer or ordinary member of the committee. (2) The secretary must serve a notice on each lot owner shown on the body corporate’s roll, inviting each lot owner— (a) if the lot owner is an individual—to nominate— (i) the lot owner; or (ii) another individual who is a lot owner or who may be nominated by the lot owner in accordance with section 11(1)(b)(i); or (b) if the lot owner is not an individual—to nominate an individual who is a lot owner or who may be nominated 7 See, for example, section 18 (Election of ordinary members of committee).

s 14A 21 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 14A by the lot owner in accordance with section 11(1)(b)(ii) or (iii). (3) The notice must state that— (a) the lot owner is not eligible to be a member of the committee if the lot owner owes a body corporate debt when the members of the committee are chosen; and (b) the lot owner may not nominate a person for membership of the committee if the lot owner owes a body corporate debt when the nomination is received by the secretary. (4) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. 8 (5) Nominations must comply with section 14A and must be given to the secretary by the end of the body corporate’s financial year. (6) As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging that the nomination has been received. 14A Requirements for nominations [SM, s 13A] (1) For section 14, a nomination must be made by written notice and— (a) if the nomination is from a lot owner nominating the lot owner—must be signed and dated by the lot owner; or (b) if the nomination is from a lot owner nominating an individual other than the lot owner— (i) must be signed and dated by the individual; and (ii) must be countersigned by the lot owner, or a person acting under the authority of the lot owner; and 8 See also section 39 (Opportunity to submit agenda motions).

s 15 22 s 16 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (iii) must state the lot owner’s lot number. (2) A nomination must contain each of the following details— (a) the surname and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; (b) the position or positions the candidate is nominated for; (c) whether the candidate is a lot owner; (d) if the candidate is not a lot owner— (i) the candidate’s residential or business address; and (ii) the category of person mentioned in section 11(1)(b) to which the candidate belongs; (e) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. Example of a payment for paragraph (e) — payment of the candidate’s expenses for travelling to committee meetings 15 Modified nomination procedures for election of committee at first annual general meeting [SM, s 14] (1) This section states how individuals are nominated for election as an executive or ordinary member of the committee if, under this division, an election must be held at the first annual general meeting for the scheme. (2) The nominations are to be given at the meeting, and must be given in either of the following ways— (a) orally from the floor of the meeting; (b) in writing handed to the person chairing the meeting. 16 Modified election procedures for election of committee at first annual general meeting [SM, s 15] (1) If, under this division, an election must be held at the first annual general meeting for the scheme the duties imposed on

s 17 23 s 17A Body Corporate and Community Management (Accommodation Module) Regulation 1997 the secretary under this division must be carried out by the original owner. (2) However, to be entitled to vote in the election, a person must be present at the meeting. 17 Conduct of elections for committee [SM, s 16] Except to the extent that procedures for ballots are stated in this division, ballots for the election of executive and ordinary members to the committee may be conducted in the way decided by the body corporate by ordinary resolution. 17A Conduct of ballot—information to be forwarded with notice of meeting (1) The secretary must forward, with the notices for an annual general meeting, the information stated in subsection (2) for each of the following for which a ballot is required— (a) chairperson; (b) secretary; (c) treasurer; (d) ordinary members of the committee. (2) For subsection (1), the information is a list of the candidates properly nominated for the position, showing for each candidate— (a) whether the candidate is a lot owner; and (b) if the candidate is not a lot owner— (i) the name and lot number of the lot owner who nominated the candidate; and (ii) the candidate’s residential or business address; and (iii) the category of person mentioned in section 11(1)(b) to which the candidate belongs; and (c) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.

s 18 24 s 19 Body Corporate and Community Management (Accommodation Module) Regulation 1997 18 Election of ordinary members of committee [SM, s 18] (1) A person nominated as an ordinary member of the committee becomes an ordinary member of the committee on the basis of the nomination unless it is necessary to have a ballot. (2) It is necessary to have a ballot for ordinary members of the committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the committee), plus the number of executive members of the committee, is more than the required number of members for the committee. 19 Conduct of ballot—general requirements [SM, s 19] (1) Unless section 35A(4) 9 applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. (2) The election of members takes effect immediately after the close of the meeting at which they are elected. (3) The ballots for the positions on the committee for which ballots are required must be conducted in the following order— • chairperson • secretary • treasurer • ordinary members. (4) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. (5) Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count. 9 Section 35A (When body corporate manager may be engaged to carry out functions of a committee and its executive members)

s 20 25 s 21 Body Corporate and Community Management (Accommodation Module) Regulation 1997 20 Conduct of ballot—deciding executive member positions [SM, s 21] (1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting must declare the person to have been elected unopposed. (2) If for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting must invite nominations for the position at the meeting, and must accept nominations made in either of the following ways— (a) by members of the body corporate who are present at the meeting and eligible for election to the position; (b) in writing, by members of the body corporate not present at the meeting, but who are eligible for election to the position. (3) A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position. (4) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 14 for a position on the committee. (5) If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected. (6) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. 21 Conduct of ballot—deciding ordinary member positions [SM, s 22] (1) The positions of the ordinary members of the committee are decided only after the executive member positions on the committee are filled. (2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member

s 21 26 s 21 Body Corporate and Community Management (Accommodation Module) Regulation 1997 of the committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting. (3) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is not more than the required number of members for the committee, the person chairing the meeting must declare the candidates to have been elected as ordinary members. (4) However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is less than the required number of members for the committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all committee members to not more than the required number of members for the committee. (5) If nominations are called for under subsection (4) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. (6) The person chairing the meeting must invite nominations for the position or positions at the meeting, and must accept nominations made in either of the following ways— (a) by members of the body corporate who are present at the meeting and eligible for election to the position; (b) in writing, by members of the body corporate not present at the meeting, but who are eligible for election to the position. (7) A member of the body corporate may nominate, under subsection (6), not more than 1 person for all ordinary member positions for which nominations are invited. (8) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 14 for a position on the committee.

s 22 27 s 22 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (9) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is more than the required number of members for the committee, the person chairing the meeting must proceed with the scrutiny of the ballot-papers relating to the ordinary member positions. (10) The persons who receive the highest numbers of votes, in descending order until the committee numbers the required number of members for the committee, must be declared elected as the ordinary members. (11) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. (12) For the counting of votes for positions of ordinary members of the committee on ballot-papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void. 22 Conduct of ballot—declaration of voting results [SM, s 23] (1) The person chairing a general meeting must declare the result of voting for an election. (2) When declaring the result of voting for an election, the person chairing the meeting must state the number of votes cast for each candidate. (3) The number of votes cast for each candidate must be recorded in the minutes of the general meeting. (4) The voting tally sheet kept for the general meeting must include, for each ballot conducted under this division, each of the following— (a) a list of the votes rejected from the count; (b) for each vote rejected—the reason for the rejection;

s 22A 28 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 22A (c) the total number of votes counted for each candidate. (5) The voting tally sheet may be inspected at the meeting by any of the following persons— (a) a person who is a voter for the meeting; (b) a candidate; (c) the returning officer, if any, appointed by the body corporate for the meeting; (d) the person chairing the meeting; (e) a scrutineer appointed by a candidate under section 19. Division 4A Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 22A Definitions for div 4A [SM, s 24] In this division— elected member , of a committee, means an executive or ordinary member of the committee elected at a relevant annual general meeting of the body corporate. relevant annual general meeting means an annual general meeting of a body corporate, other than an annual general meeting mentioned in section 12(2), at which— (a) at least 1 person is elected as an executive or ordinary member of the committee; and (b) either— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee elected is less than 3; and (c) the body corporate does not approve the engagement of a body corporate manager under division 10.

s 22B 29 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 22D 22B Requirement to call extraordinary general meeting [SM, s 24A] (1) Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. (2) The extraordinary meeting must be held within 2 months after the relevant annual general meeting. (3) Section 59 does not apply to the calling or holding of the extraordinary general meeting. 22C Appointment of committee member at extraordinary general meeting [SM, s 24B] (1) At an extraordinary general meeting called under this division, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. (2) If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. (3) A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the required number of members for the committee. 22D Engagement of body corporate manager under div 10 at extraordinary general meeting [SM, s 24C] (1) The agenda of an extraordinary general meeting of a body corporate held under this division must include a motion approving a person’s engagement as a body corporate manager under division 10. (2) The motion may be considered at the meeting only if, following any appointment of committee members under section 22C—

s 23 30 s 23 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (a) at least 1 executive member position on the committee is not filled; or (b) the total number of voting members of the committee is less than 3. (3) If the motion is considered at the meeting, it must be considered as the last item of business for the meeting. Division 5 Term of office of committee—Act, s 99 23 Term of office [SM, s 25] (1) The term of office of a member of the committee continues until another person is chosen for the position. (2) However, a member’s position becomes vacant if the member— (a) dies; or (b) becomes ineligible to hold the position; or (c) resigns by written notice given to the chairperson or secretary; or (d) is not present personally or by proxy at 2 consecutive meetings of the committee without the committee’s leave; or (e) is convicted (whether or not a conviction is recorded) of an indictable offence; or (f) is removed from office by ordinary resolution of the body corporate. (3) For subsection (2)(b), without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— (a) was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or

s 23AA 31 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 23AA (b) was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or (c) is engaged as a body corporate manager or service contractor, or authorised as a letting agent. (4) If the body corporate engages a body corporate manager under a part 3, division 10 engagement— (a) the term of office of a member of a committee for the body corporate ends; and (b) subsections (1) to (3) do not apply to the member. (5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee. Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B 23AA Notice for breach of code of conduct (1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a

s 23AB32 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 23AB written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. (2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. 23AB Removal of member at general meeting (1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 23AA(1); and (b) the period mentioned in section 23AA(1)(c) for the notice has ended. (2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 23AA(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. (3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).

s 23A 33 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 23C Division 5A Filling casual vacancies on committee—Act, s 99 23A Application of div 5A [SM, s 25A] (1) This division applies if the position of an executive or ordinary member of the committee becomes vacant under section 23(2). (2) However, this division does not apply to a person who becomes a member of the committee under section 12(3) or (4). 23B Replacement of member removed from office by body corporate [SM, s 25B] (1) If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate, the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. (2) It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1). 23C Committee must appoint new member or call general meeting of body corporate [SM, s 25C] (1) Within 1 month after the position of the member of the committee becomes vacant, the committee must— (a) if the number of its members has not fallen below the number required for a quorum— (i) appoint a person who is eligible to be a member of the committee to fill the vacancy; or (ii) call a general meeting of the body corporate to choose a person to fill the vacancy; or (b) if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy.

s 23D 34 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 23E (2) However, subsection (1) does not apply to a position that becomes vacant because the body corporate removes the member from office by ordinary resolution if the body corporate fills the vacancy under section 23B. 23D Requirements for notice of general meeting [SM, s 25D] (1) If a general meeting is called under section 23C, the notice of the meeting must be accompanied by an explanatory note prepared by the committee. (2) The explanatory note must state that— (a) a lot owner may nominate a person for election to a vacant executive or ordinary member position if the lot owner does not owe a body corporate debt at the time of the meeting; and (b) a nomination may be made— (i) orally from the floor of the meeting; or (ii) by giving, by hand, by post or by facsimile, a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and (c) a lot owner must be present personally at the general meeting to vote in the election. 23E Election of committee member at general meeting [SM, s 25E] (1) At a general meeting called under section 23C, the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. (2) Subject to subsections (3) to (11), the election must be conducted in in the way decided by the body corporate. (3) A way decided by the body corporate must be fair and reasonable in the circumstances of the scheme. (4) The person chairing the general meeting must—

s 23E 35 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 23E (a) invite nominations for all vacant executive or ordinary member positions at the meeting; and (b) accept the following nominations made by lot owners who do not owe a body corporate debt at the time of the meeting— (i) nominations made orally from the floor of the meeting; (ii) written nominations given by hand, by post or by facsimile to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. (5) The committee member mentioned in subsection (4)(b)(ii) must give the person chairing the meeting all nominations received before the election is conducted. (6) A lot owner may nominate not more than 1 person for election to any of the following— (a) a vacant executive member position; (b) all vacant ordinary member positions. (7) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. (8) To be entitled to vote in an election for a vacant executive or ordinary member position, a lot owner must be present personally at the general meeting. (9) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (10) Subsection (9) applies regardless of whether there are 2 or more owners of 1 or more of the lots. (11) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.

s 23F 36 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 24 23F Engagement of body corporate manager under div 10 at general meeting [SM, s 25F] (1) If a general meeting is called under section 23C, the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under division 10. (2) The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions conducted at the meeting under section 23E— (a) at least 1 executive member position on the committee is not filled; or (b) the total number of voting members of the committee is less than 3. (3) If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting. Division 6 Restricted issues 24 Restricted issues for committee—Act, s 100 [SM, s 26] (1) A decision is a decision on a restricted issue for the committee if it is a decision— (a) fixing or changing a contribution to be levied by the body corporate; or (b) to change rights, privileges or obligations of the owners of lots included in the scheme; or (c) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or (d) that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or (e) to start a proceeding, other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or

s 24 37 s 24 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or (iii) a proceeding for an offence under chapter 3, part 5, division 4 10 of the Act; or (iv) a prescribed chapter 6 proceeding; or (f) to pay remuneration, allowances or expenses to a member of the committee, unless the decision— (i) is made under the authority of an ordinary resolution of the body corporate; or (ii) is for the reimbursement of expenses incurred by the member in attending a committee meeting, if— (A) the amount is not more than $50; and (B) the reimbursement does not result in the member being reimbursed more than $200 in a 12 month period for committee meeting attendance. (2) For subsection (1)(f)(i)— (a) the motion before the body corporate about the payment must state— (i) the full amount of the remuneration, allowances or expenses; and (ii) if the payment relates to expenses—the reason the expenses were incurred; and (b) an explanatory schedule stating full details of the remuneration, allowances or expenses must accompany the voting paper stating the motion. Example for subsection (2) — For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre, and the reason for travel. (3) In this section— 10 Chapter 3 (Management of community titles schemes), part 5 (By-laws), division 4 (By-law contraventions) of the Act

s 25 38 s 25 Body Corporate and Community Management (Accommodation Module) Regulation 1997 prescribed chapter 6 proceeding — (a) means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 11 of the Act; but (b) does not include an appeal against an adjudicator’s order. Division 7 Administrative arrangements for committee meetings—Act, s 101 25 Who may call committee meetings [SM, s 27] (1) A meeting of the committee may be called by— (a) the secretary or, in the secretary’s absence, the chairperson; or (b) in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (2) The secretary or, in the secretary’s absence, the chairperson, must call a meeting if asked, in writing, to call the meeting by enough members of the committee to form a quorum 12 at a meeting of the committee. (3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call it. (4) If the meeting is not held within the 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (5) The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate, and no reply is received within 7 days. 11 Chapter 6 (Dispute resolution) of the Act 12 Section 30 (Quorum at committee meetings)

s 26 39 s 26 Body Corporate and Community Management (Accommodation Module) Regulation 1997 26 Notice of committee meetings [SM, s 28] (1) A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. (2) The notice must be given— (a) at least 7 days before the meeting; or (b) at least 2 days before the meeting, if all voting members of the committee— (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or (ii) agree in writing to the reduced notice period for the proposed meeting. (3) Also, advice of the proposed meeting— (a) if the body corporate maintains a notice board—must be placed on the notice board; and (b) must be given to each lot owner individually, other than a lot owner who— (i) has instructed the secretary that the lot owner does not wish to be given advice of committee meetings; and (ii) has not withdrawn the instruction. (4) The advice mentioned in subsection (3)— (a) must state when and where the meeting is to be held; and (b) must be accompanied by the agenda for the meeting; and (c) must be placed on the notice board and delivered to the residential or business address of a lot owner when notice of the meeting is given to committee members.

s 27 40 s 28 Body Corporate and Community Management (Accommodation Module) Regulation 1997 27 Place of committee meetings [SM, s 29] (1) The first meeting of the committee after the committee is formed must be held where the person calling the meeting decides. (2) Subject to subsection (1), a committee meeting must be held where the committee decides. (3) Despite subsections (1) and (2), a committee meeting must not be held more than 15km (measured in a straight line on a horizontal plane) from scheme land if members making up at least half of the number of committee members needed for a quorum object by written notice given to the secretary. 28 Agenda for committee meetings [SM, s 30] (1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (2) However, the committee may also consider other issues raised at the meeting. (3) The agenda must include the substance of the following motions— (a) if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; (b) if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. (4) In this section— relevant day means— (a) the day of the preceding meeting of the committee; or (b) if there has not been a previous meeting of the committee—the day the committee was formed.

s 29 41 s 30A Body Corporate and Community Management (Accommodation Module) Regulation 1997 29 Chairing committee meetings [SM, s 31] (1) The chairperson must chair all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. 30 Quorum at committee meetings [SM, s 32] (1) At a meeting of the committee a quorum is at least half the number of voting members of the committee. Examples of subsection (1) — 1 If there are 6 voting members of the committee, a quorum is 3. 2 If there are 7 voting members of the committee, a quorum is 4. (2) For deciding whether there is a quorum, a voting member who is present— (a) is counted as 1; or (b) if the member has the proxy of an absent voting member and the use of proxies for the meeting is not prohibited under section 64A—is counted as 2. (3) A non-voting member who is present is not counted for deciding whether there is a quorum. 30A Attendance at committee meetings—non-voting members [SM, s 32A] (1) A person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item— (a) a dispute between the body corporate and— (i) the person; or (ii) the owner or occupier of a lot included in the scheme; (b) the person’s engagement as body corporate manager or service contractor;

s 30B 42 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 30B (c) if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent. (2) Also, the person must not be present for— (a) a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (1); or (b) a vote taken by the committee on the item of business. (3) This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (1). 30B Attendance at committee meetings—non-members [SM, s 32B] (1) A person who is not a member of the committee may attend a meeting of the committee if the person is— (a) a lot owner who complies with subsection (2); or (b) another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting personally or by proxy. (2) A lot owner who wishes to attend a meeting of the committee under this section must give the secretary written notice of the lot owner’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting starts. (3) A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item— (a) a breach of the by-laws for the community titles scheme; (b) starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee; (c) a proceeding against the body corporate; (d) a dispute between the body corporate and—

s 31 43 s 31 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (i) the owner or occupier of a lot included in the scheme; or (ii) a body corporate manager; or (iii) a caretaking service contractor. (4) Also, the person must not be present for— (a) a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3); or (b) a vote taken by the committee on the item of business. (5) The person— (a) subject to subsections (3) and (4), may observe the meeting; and (b) may speak to the committee only if invited to speak by the committee. (6) An invitation to speak to the committee may be revoked by the committee at any time. (7) The committee may direct the person to leave the meeting if the person does not comply with subsection (5)(b). (8) The person must comply with a direction given to the person under subsection (7). Division 8 Voting at committee meetings—Act, s 101 31 Voting at committee meetings [SM, s 33] (1) At a meeting of the committee— (a) a question is decided by a majority of votes of the voting members present (either in person or by proxy) and entitled to vote on the question who are voting; and (b) each voting member entitled to vote on a question to be decided has 1 vote on the question.

s 32 44 s 32 Body Corporate and Community Management (Accommodation Module) Regulation 1997 (2) Without limiting subsection (1), if a quorum is present, a decision supported by a majority of the votes of the voting members present and entitled to vote on the decision is a decision of the committee. (3) To avoid doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer. 32 Conflict of interest [SM, s 34] (1) A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. (2) If a member required under subsection (1) to disclose an issue is a voting member, the member is not entitled to vote on the issue. (3) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. (4) A proxy holder required under subsection (3) to disclose an issue must not vote as the proxy on the issue. (5) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (2) not to vote on the issue. (6) A proxy holder required under subsection (5) to disclose an issue must not vote as the proxy on the issue.

s 33 45 s 33 Body Corporate and Community Management (Accommodation Module) Regulation 1997 33 Voting outside committee meetings [SM, s 35] (1) A resolution on a motion before the committee is a valid resolution of the committee, even though the motion is not passed at a meeting of the committee called and conducted under division 7, if— (a) notice of the motion is given to all committee members or, in an emergency, as many members as it is practicable to contact; and (b) a majority of all voting members of the committee entitled to vote on the motion agrees to the motion. (2) The notice must be given in writing, and the members’ agreement to the motion must be given in writing but, in an emergency, the notice may be given, and the member’s agreement expressed, orally or by another appropriate form of communication. (3) Advice of the motion must be given, at the time notice of the motion is given or, in an emergency, as soon as reasonably practicable, to each lot owner, other than a lot owner who— (a) has instructed the secretary that the lot owner does not wish to be given advice of committee meetings; and (b) has not withdrawn the instruction. (4) The notice and advice of the motion may be given by— (a) the secretary; or (b) another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice. (5) For the operation of section 32(1) and (2), the committee, in dealing with a resolution under this section, is taken to deal with the resolution at a meeting of the committee. (6) A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.

s 34 46 s 34 Body Corporate and Community Management(Accommodation Module) Regulation 1997 Division 9 General matters for committee meetings—Act, s 101 34 Minutes and other records of committee [SM, s 36] (1) The committee must ensure— (a) full and accurate minutes of its meetings are taken; and (b) a full and accurate record is kept of each motion voted on other than at a meeting. (2) The secretary must give a copy of the minutes of each meeting and of any resolution voted on other than at a meeting to the following persons— (a) each member of the committee; (b) each lot owner who is not a member of the committee. (3) Subsection (2)(b) does not apply to a lot owner who— (a) has given the secretary a written notice instructing the secretary that the lot owner does not wish to be given copies of the minutes of committee meetings and resolutions voted on other than at meetings; and (b) has not withdrawn the instruction. (4) The copy must be given to the person— (a) within 21 days after— (i) for a copy of minutes of a meeting—the holding of the meeting; or (ii) for a copy of a resolution voted on other than at a meeting—the passing of the resolution; and (b) in 1 of the following ways— (i) by handing it to the person; (ii) by sending it by mail; (iii) by sending it by facsimile; (iv) by sending it electronically. (5) In this section—

s 151 166 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 151 (3) The priority fee mentioned in subsection (2) must be refunded if the certificate is not supplied within 24 hours. Part 10 Miscellaneous 151 Return of body corporate property—Act, s 322 [SM, s 152] (1) This section applies if— (a) a person has possession or control of any of the following property (the specified property )— (i) a body corporate asset for a community titles scheme; (ii) a record or other document of a body corporate; (iii) a body corporate seal; and (b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— (i) a member, or an associate of a member, of the body corporate or of the committee; or (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; and (c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— (i) a member of the committee who is named in the notice; or (ii) if a body corporate manager is acting under a part 3, division 10 engagement—a member of the body corporate who is named in the notice. (2) The person must comply with the notice. Maximum penalty—20 penalty units.

s 152 167 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 152 (3) The person may not claim a lien on specified property mentioned in subsection (1)(a)(ii) or (iii). (4) In this section— prescribed notice means— (a) a notice of a resolution of the committee; or (b) if a body corporate manager is acting under a part 3, division 10 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme. 152 Documents in custody of body corporate manager—Act, s 322 [SM, s 153] (1) This section applies if— (a) a person (the person ) engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and (b) the person holds the document in photographic or electronic image form; and (c) the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end. (2) The body corporate may require the person— (a) to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced (with or without the aid of another article or device), if the form is immediately accessible by the body corporate; or (b) to reproduce, and give to the body corporate, the document in paper form. (3) The person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2). Maximum penalty for subsection (3)—20 penalty units.

s 153 168 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 155 Part 11 Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation (No. 1) 2003 153 Definitions for pt 11 [SM, s 154] In this part— amending regulation means the amending regulation made under the Act that included the insertion of this part. commencement means the commencement of this part. next annual general meeting , of a body corporate, means the first annual general meeting of the body corporate to be both called and held after the commencement. previous , for a provision of this regulation, means the provision as in force immediately before the commencement. 154 Existing committees—composition [SM, s 155] (1) Previous section 10 continues to apply to a committee for a body corporate until the next annual general meeting of the body corporate. (2) Section 10A does not apply to the committee until the next annual general meeting. 155 Existing committee members—eligibility [SM, s 156] (1) This section applies to a person who— (a) holds office as a member of a committee for a body corporate immediately before the commencement and was validly chosen as a member of the committee; or (b) is validly chosen as a member of the committee at a general meeting of the body corporate mentioned in section 157.

s 156 169 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 158 (2) Until the next annual general meeting of the body corporate, the person is taken to be eligible to be a member of the committee despite anything to the contrary in section 11. 156 Existing decisions of committee about payment of remuneration etc. [SM, s 157] Section 24(1)(f), as amended by the amending regulation, does not apply to a decision of a committee to pay remuneration, allowances or expenses to a member of the committee if the decision— (a) was made before the commencement; and (b) complied with previous section 24(f). 157 General meetings of body corporate and committee meetings called before commencement [SM, s 158] (1) This section applies to a general meeting of a body corporate, or a meeting of the committee, called but not held before the commencement. (2) A procedural step taken to call the meeting is taken to comply with this regulation if the step was validly taken under this regulation as in force when the step was taken. (3) The meeting must be conducted as if the amending regulation had not commenced. (4) For this section, an annual general meeting of a body corporate is taken to have been called if at least 1 of the following has happened— (a) the secretary has served a notice on each lot owner inviting the lot owner to nominate a person for election, at the meeting, as a member of the committee; (b) notice of the meeting has been given. 158 Existing engagements and authorisations [SM, s 159] Section 85, as inserted by the amending regulation, does not apply to any of the following approved by the body corporate,

s 159 170 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 160 as required under previous section 85, before the commencement— (a) an engagement of a person as a body corporate manager or service contractor; (b) an authorisation of a person as a letting agent; (c) an amendment of an engagement or authorisation mentioned in paragraph (a) or (b). 159 Application of new requirements to existing body corporate managers [SM, s 160] (1) This section applies to a person engaged as a body corporate manager under an engagement approved by the body corporate before the commencement. (2) Unless the body corporate and the person agree otherwise, the person is not required to comply with the new body corporate manager requirements. (3) Subsection (2) applies until the end of the term of the engagement. (4) In this section— new body corporate manager requirements means the requirements a body corporate manager must comply with under section 35, 98A or 99A. 48 160 Existing body corporate debts [SM, s 161] Section 97, other than subsection (2), applies to a body corporate debt owed to the body corporate on the commencement. 48 Section 35 (Reporting particular payments to committee), 98A (Administration of administrative or sinking fund by body corporate manager) or 99A (Reconciliation statements)

s 161 171 Body Corporate and Community Management(Accommodation Module) Regulation 1997 s 162 161 Existing policies of insurance [SM, s 162] (1) A policy of insurance held by a body corporate and in force on the commencement is, to the extent the policy complied with the requirements under previous part 8, division 9, taken to continue to comply with part 8, division 9. (2) Subsection (1) applies only until the policy is next renewed after the commencement. Part 12 Other transitional provisions 162 Transitional provision for Audit Legislation AmendmentAct 2006 (1) This section applies if— (a) before the commencement, a body corporate appointed a person with qualifications and experience in accountancy mentioned in pre-amended section 106, to audit its statement of accounts for a financial year; and (b) either of the following apply— (i) the financial year has ended before the commencement and the person has not performed the audit; (ii) the financial year ends on, or within 12 months after, the commencement. (2) For the purpose of the person performing the audit, pre-amended section 106 continues to apply as if the AuditLegislation Amendment Act 2006 had not commenced. (3) In this section— commencement means commencement of this section. pre-amended , in relation to section 106, means the section as in force before the commencement.

172 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Schedule Dictionary section 4 address for service , of a person in relation to a community titles scheme, means the person’s address for service as most recently advised to the body corporate under this regulation. amending regulation , for part 11, see section 153. body corporate debt means a following amount owed by a lot owner to the body corporate— (a) a contribution or instalment of a contribution; (b) a penalty for not paying a contribution or instalment of a contribution by the date for payment; (c) another amount associated with the ownership of a lot. Examples of another amount for paragraph (c) — • an annual payment for parking under an exclusive use by-law • an amount owing to the body corporate for lawn mowing services arranged by the body corporate on behalf of the lot owner candidate , for election as a member of a committee, see section 14A(2). commencement , for part 11, see section 153. corporate owner , of a lot included in a community titles scheme ( scheme A ), means a corporation that is the owner of the lot, (other than the body corporate for another community titles scheme that is a lot included in scheme A, in its capacity as the body corporate for a subsidiary scheme for scheme A). 49 49 Nevertheless, the body corporate for a community titles scheme ( scheme A ) could be a corporate owner of a lot included in another community titles scheme ( scheme B ) if the lot included in scheme B is not itself a community titles scheme, and the body corporate for scheme A merely holds the lot as a body corporate asset for scheme A.

173 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Schedule (continued) corporate owner nominee , for a lot included in a community titles scheme for which the owner is a corporate owner, means the nominee of the corporate owner for representing the corporate owner on the body corporate. date for payment see section 94(1)(c). elected member , for part 3, division 4A, see section 22A. executive member , of the committee for the body corporate of a community titles scheme, means the chairperson, secretary or treasurer of the body corporate. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 50 applies to the indictable offence. minor improvement means an improvement with an installed value of $250 or less. motion with alternatives see section 40B(2)(a). next annual general meeting , for part 11, see section 153. non-freehold land see the Land Act 1994 , schedule 6. 51 non-voting member , of the committee for the body corporate for a community titles scheme, see section 10A(2). non-voting member see section 10A(2). occupation authority see section 89. open motion means a motion decided by the body corporate other than by secret ballot. ordinary member , of the committee for the body corporate for a community titles scheme, means a member of the committee other than an executive member or a person who is a non-voting member. 50 Criminal Code, section 659 (Effect of summary conviction for indictable offences) 51 Land Act 1994 , schedule 6— non-freehold land means all land that is not freehold land.

174 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Schedule (continued) part 3, division 10 engagement means an engagement of a body corporate manager under part 3, division 10 to carry out the functions of a committee and its executive members. previous , for part 11, see section 153. proposed budget amount means the amount of a proposed administrative or sinking fund budget accompanying the notice of an annual general meeting of a body corporate. reconciliation statement see section 99A(2). recurrent , for expenditure, means normally made annually or more frequently. reinstatement insurance means insurance taken out under section 127 or 128. relevant annual general meeting , for part 3, division 4A, see section 22A. relevant limit for committee spending , for a community titles scheme, means an amount worked out by multiplying the number of lots included in the scheme by— (a) if paragraph (b) does not apply—$125; or (b) if the body corporate has by special resolution decided an amount greater than $125 but not greater than $450—the amount decided. relevant limit for major spending , for a community titles scheme, means an amount worked out by multiplying the number of lots included in the scheme by $250. relevant person , for part 6, division 6, see section 85A. requested extraordinary general meeting see section 59. required number , of members for a committee, means at least 3, but not more than the following number of, voting members— (a) if the scheme includes 7 or more lots—7; (b) if the scheme includes fewer than 7 lots—the number equalling the number of lots.

175 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Schedule (continued) residential or business address , of a person in relation to a community titles scheme, means the following address most recently notified to the body corporate under this regulation— (a) for an individual—the person’s residential address; (b) for a corporation—the person’s business address. roll , of a body corporate, means the roll prepared and kept by the body corporate under section 142. secret voting paper see section 40A(2). standard module means the Body Corporate and CommunityManagement (Standard Module) Regulation 1997 . statutory motion , for an annual general meeting, means a motion about a following matter— (a) presenting the body corporate’s accounts for the financial year; (b) appointing an auditor of the body corporate’s accounts for the next financial year, or not auditing the accounts; (c) adopting administrative fund and sinking fund budgets for the financial year; (d) fixing contributions to be paid by the owners of lots for the next financial year; (e) reviewing each insurance policy held by the body corporate. subsidiary scheme representative see section 48. unexpired term , for part 6, division 2, see section 75B. voluntary insurance scheme see section 133. voter , for a general meeting of a body corporate, see section 47. voting member , of the committee for the body corporate for a community titles scheme, means a member of the committee other than a non-voting member.

176 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .176 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .177 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .177 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .178 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2008. Future amendments of the Body Corporate and Community Management (Accommodation Module) Regulation 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

177 Body Corporate and Community Management (Accommodation Module) Regulation 1997 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 Amendments to none 1997 SL No. 482 Effective 11 August 1997 22 December 1997 Reprint date 15 August 1997 5 January 1998 Reprint No. 3 3A 3B 3C 3D 3E 3F Amendments included 2003 SL No. 263 2004 SL No. 103 2005 SL No. 135 2006 Act No. 9 2006 SL No. 162 2007 SL No. 148 2007 SL No. 328 Effective 1 December 2003 1 July 2004 1 July 2005 15 March 2006 1 July 2006 1 July 2007 1 January 2008 Notes

178 Body Corporate and Community Management (Accommodation Module) Regulation 1997 5 List of legislation Body Corporate and Community Management (Accommodation Module) Regulation 1997 SL No. 248 made by the Governor in Council on 7 August 1997 notfd gaz 8 August 1997 pp 1742–3 ss 1–2 commenced on date of notification remaining provisions commenced 11 August 1997 (see s 2) exp 31 August 2008 (see SIA s 56A(1)(b) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Body Corporate and Community Management Legislation Amendment Regulation(No. 1) 1997 SL No. 482 pts 1–2 notfd gaz 19 December 1997 pp 1770–77 ss 1–2 commenced on date of notification remaining provisions commenced 22 December 1997 (see s 2) Body Corporate and Community Management Legislation Amendment Regulation(No. 1) 2003 SL No. 263 pts 1–2, s 3 sch pt 1 notfd gaz 31 October 2003 pp 691–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2003 (see s 2) Note—An explanatory note was prepared Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Audit Legislation Amendment Act 2006 No. 9 pt 1, s 53 sch date of assent 15 March 2006 commenced on date of assent Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2006 SL No. 162 ss 1–2, 3 sch notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Body Corporate and Community Management and Other Legislation AmendmentRegulation (No. 1) 2007 SL No. 148 pts 1–2 notfd gaz 29 June 2007 pp 1157–65

179 Body Corporate and Community Management(Accommodation Module) Regulation 1997 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Plumbing and Drainage and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 328 pts 1, 4 notfd gaz 14 December 2007 pp 2131–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2008 (see s 2) 6 List of annotations Application of this regulation—Act, s 22 [SM, s 3] prov hdg amd 1997 SL No. 482 s 4 s 3 amd 1997 SL No. 482 s 4; 2003 SL No. 263 s 3 sch pt 1 Dictionary [SM, s 4] s 4 amd 2003 SL No. 263 s 3 sch pt 1 References [SM, s 5] s 5 amd 2003 SL No. 263 s 4; 2003 SL No. 263 ss 3–4 sch pt 1 References to standard module s 6 amd 1997 SL No. 482 s 5 Permitted inclusions—Act, s 66 [SM, s 6] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 7 amd 2003 SL No. 263 s 5 Requirement for committee—Act, s 98 [SM, s 7] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 8 amd 2003 SL No. 263 s 6 Purpose of pt 3 [SM, s 8] s 9 sub 2003 SL No. 263 s 7 PART 3—BODY CORPORATE COMMITTEE Division 2—Composition—Act, s 99 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Composition of committee [SM, s 9] s 10 amd 1997 SL No. 482 s 6; 2003 SL No. 263 s 8 Non-voting members of committee [SM, s 9A] s 10A ins 2003 SL No. 263 s 9 Division 3—Eligibility—Act, s 99 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Eligibility for committee membership [SM, s 10] s 11 amd 1997 SL No. 482 s 7; 2003 SL No. 263 s 10 Division 4—Choosing of committee—Act, s 99 div hdg amd 2003 SL No. 263 s 3 sch pt 1

180 Body Corporate and Community Management (Accommodation Module) Regulation 1997 When committee is chosen [SM, s 11] s 12 sub 1997 SL No. 482 s 8 amd 2003 SL No. 263 s 11 Election of committee [SM, s 12] s 13 sub 1997 SL No. 482 s 8 amd 2003 SL No. 263 s 12 Nomination procedures for election of committee other than at first annual general meeting [SM, s 13] s 14 sub 2003 SL No. 263 s 13 Requirements for nominations [SM, s 13A] s 14A ins 2003 SL No. 263 s 13 Conduct of elections for committee [SM, s 16] s 17 amd 2003 SL No. 263 s 3 sch pt 1 Conduct of ballot—information to be forwarded with notice of meeting s 17A ins 2003 SL No. 263 s 14 Election of ordinary members of committee [SM, s 18] s 18 amd 1997 SL No. 482 s 9; 2003 SL No. 263 s 15 Conduct of ballot—general requirements [SM, s 19] s 19 amd 2003 SL No. 263 s 16 Conduct of ballot—deciding executive member positions [SM, s 21] s 20 amd 2003 SL No. 263 s 17 Conduct of ballot—deciding ordinary member positions [SM, s 22 ] s 21 amd 2003 SL No. 263 s 18 Conduct of ballot—declaration of voting results [SM, s 23] s 22 amd 1997 SL No. 482 s 10; 2003 SL No. 263 s 19 Division 4A—Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 div 4A (ss 22A–22D) ins 2003 SL No. 263 s 20 Division 5—Term of office of committee—Act, s 99 div hdg amd 1997 SL No. 482 s 11; 2003 SL No. 263 s 3 sch pt 1 Term of office [SM, s 25] prov hdg amd 1997 SL No. 482 s 12(1) s 23 amd 1997 SL No. 482 s 12(2)–(4); 2003 SL No. 263 s 21 Division 5AA—Removing committee voting member for breaching code of conduct—Act, section 101B div 5AA (ss 23AA–23AB) ins 2007 SL No. 148 s 4 Division 5A—Filling casual vacancies on committee—Act, s 99 div 5A (ss 23A–23F) ins 2003 SL No. 263 s 22

181 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Restricted issues for committee—Act, s 100 [SM, s 26] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 24 amd 2003 SL No. 263 s 23 Division 7—Administrative arrangements for committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Who may call committee meetings [SM, s 27] s 25 amd 2003 SL No. 263 s 24 Notice of committee meetings [SM, s 28] prov hdg amd 2003 SL No. 263 s 25(1) s 26 amd 2003 SL No. 263 s 25 (2)–(5) Agenda for committee meetings [SM, s 30] s 28 amd 2003 SL No. 263 s 26 Chairing committee meetings [SM, s 31] s 29 amd 2003 SL No. 263 s 27 Quorum at committee meetings [SM, s 32] s 30 amd 2003 SL No. 263 s 28 Attendance at committee meetings—non-voting members [SM, s 32A] s 30A ins 2003 SL No. 263 s 29 Attendance at committee meetings—non-members [SM, s 32B] s 30B ins 2003 SL No. 263 s 29 Division 8—Voting at committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Voting at committee meetings [SM, s 33] s 31 amd 2003 SL No. 263 s 30 Conflict of interest [SM, s 34] s 32 amd 2003 SL No. 263 s 31 Voting outside committee meetings [SM, s 35] s 33 amd 1997 SL No. 482 s 13; 2003 SL No. 263 s 32 Division 9—General matters for committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Minutes and other records of committee [SM, s 36] s 34 sub 2003 SL No. 263 s 33 Reporting particular payments to committee [SM, s 37A] s 35 sub 2003 SL No. 263 s 33 Division 10—Engagement of body corporate manager to carry out functions of committee and executive members div hdg ins 2003 SL No. 263 s 34 Subdivision 1—Engagement of body corporate manager subdiv 1 (ss 35A–35C) ins 2003 SL No. 263 s 34

182 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Subdivision 2—Functions and powers of body corporate manager subdiv 2 (s 35D) ins 2003 SL No. 263 s 34 Subdivision 3—Reports to body corporate subdiv 3 (s 35E) ins 2003 SL No. 263 s 34 PART 4—GENERAL MEETINGS Division 2—Administrative arrangements for general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Who may call general meetings [SM, s 40] s 38 amd 2003 SL No. 263 s 35 Opportunity to submit agenda motions [SM, s 41] s 39 sub 1997 SL No. 482 s 14; 2003 SL No. 263 s 36 Notice of general meeting [SM, s 42] s 40 amd 1997 SL No. 482 s 15; 2003 SL No. 263 s 37 Requirements for voting papers [SM, s 42A] s 40A ins 2003 SL No. 263 s 38 Motion with alternatives [SM, s 42B] s 40B ins 2003 SL No. 263 s 38 Explanatory material accompanying voting paper [SM, s 42C] s 40C ins 2003 SL No. 263 s 38 Agenda for general meeting [SM, s 45] s 43 amd 1997 SL No. 482 s 16; 2003 SL No. 263 s 39; 2007 SL No. 148 s 5 Chairing general meetings [SM, s 46] s 44 amd 1997 SL No. 482 s 17; 2003 SL No. 263 s 40 Power of person chairing meeting to rule motion out of order [SM, s 47] s 45 amd 1997 SL No. 482 s 18; 2003 SL No. 263 s 41 Quorum for general meetings [SM, s 48] s 46 amd 1997 SL No. 482 s 19; 2003 SL No. 263 s 42 Division 3—Voting at general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Meaning of “voter” for general meeting [SM, s 49] s 47 amd 1997 SL No. 482 s 20 sub 2003 SL No. 263 s 43 Displacement or disentitlement of right to vote [SM, s 49A] s 47A ins 2003 SL No. 263 s 43 Exercise of vote at general meetings [SM, s 51] s 49 amd 2003 SL No. 263 s 44 Voting at general meeting [SM, s 52] s 50 amd 2003 SL No. 263 s 45

183 Body Corporate and Community Management (Accommodation Module) Regulation 1997 When motion must be decided by secret ballot [SM, s 53] s 51 sub 2003 SL No. 263 s 46 How secret ballot must be conducted [SM, s 53A] s 51A ins 2003 SL No. 263 s 46 Conduct of secret ballot—voting [SM, s 53B] s 51B ins 2003 SL No. 263 s 46 Appointment and functions of returning officer [SM, s 54] s 52 sub 2003 SL No. 263 s 47 Secretary to have available for inspection body corporate roll etc. [SM, s 55] s 53 amd 2003 SL No. 263 s 48 Declaration of voting results on motions [SM, s 56] s 54 amd 2003 SL No. 263 s 49 Division 4—Procedures at general meeting—Act, s 104 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Amendment of motions at general meetings [SM, s 57] s 55 amd 2003 SL No. 263 s 50 Amendment or revocation of resolutions passed at general meeting [SM, s 58] s 56 sub 2003 SL No. 263 s 51 Minutes of general meetings [SM, s 59] s 57 amd 2003 SL No. 263 s 52 Division 5—Other matters for general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Requirement for requested extraordinary general meeting [SM, s 61] s 59 amd 1997 SL No. 482 s 21; 2003 SL No. 263 s 53 Failure to call requested extraordinary general meeting [SM, s 61A] s 59A ins 2003 SL No. 263 s 54 Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 61B] s 59B ins 2003 SL No. 263 s 54 Division 6—First annual general meeting—Act, s 104 div hdg amd 2003 SL No. 263 s 3 sch pt 1 First annual general meeting [SM, s 62] s 60 amd 1997 SL No. 482 s 22; 2003 SL No. 263 ss 3, 55 sch pt 1 First annual general meeting—scheme established by amalgamation [SM, s 62A] s 60A ins 2003 SL No. 263 s 56 Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 63] s 61 amd 2003 SL No. 263 s 57

184 Body Corporate and Community Management(Accommodation Module) Regulation 1997 PART 5—PROXIES Division 2—Proxies for committee members—Act, s 102 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Appointment [SM, s 66] s 64 amd 2003 SL No. 263 s 58 Prohibition on voting by proxy—committee for body corporate for principal scheme in layered arrangement [SM, s 66A] s 64A ins 2003 SL No. 263 s 59 Restrictions on appointment [SM, s 67] s 65 amd 2003 SL No. 263 s 60 Special provisions about proxy use [SM, s 69] s 67 amd 2003 SL No. 263 s 61 Division 3—Proxies for body corporate members—Act, s 103 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Appointment [SM, s 72] s 70 amd 2003 SL No. 263 s 62 Form of proxy [SM, s 73] s 71 amd 1997 SL No. 482 s 23 Use of proxy [SM, s 74] s 72 amd 1997 SL No. 482 s 24; 2003 SL No. 263 s 63 Special provisions about proxy use [SM, s 75] s 73 amd 2003 SL No. 263 s 64 Offence [SM, s 76] s 74 amd 1997 SL No. 482 s 25 PART 6—BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS Division 1—Preliminary div hdg sub 2003 SL No. 263 s 65 Application of pt 6 to part 3, division 10 engagements [SM, s 77A] s 75A ins 2003 SL No. 263 s 66 Division 2—Requirements for engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Definition for div 2 [SM, s 77B] s 75B ins 2003 SL No. 263 s 67 Form of engagement [SM, s 78] s 76 amd 2003 SL No. 263 s 68 Form of authorisation [SM, s 79] s 77 amd 2003 SL No. 263 s 69 Term of engagement of body corporate manager [SM, s 80] s 78 amd 2003 SL No. 263 s 70

185 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Term of engagement of service contractor [SM, s 81] s 79 amd 2003 SL No. 263 s 71 Term of authorisation of letting agent [SM, s 82] s 80 amd 2003 SL No. 263 s 72 Division 3—Transferring engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Transferring engagements and authorisations [SM, s 84] s 82 amd 2003 SL No. 263 s 73 Payment of amount on transfer [SM, s 85] s 83 amd 2003 SL No. 263 s 3 sch pt 1 Division 4—Termination of engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Purpose of div 4 [SM, s 86] s 84 sub 2003 SL No. 263 s 74 Termination under the Act, by agreement etc. [SM, s 86A] s 84A ins 2003 SL No. 263 s 74 Termination for conviction of particular offences etc. [SM, s 86B] s 84B ins 2003 SL No. 263 s 74 Termination for failure to comply with remedial action notice [SM, s 86C] s 84C ins 2003 SL No. 263 s 74 Division 5—Authority for engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 87] s 85 sub 2003 SL No. 263 s 75 Division 6—Disclosure requirements—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Definition for div 6 [SM, s 87A] s 85A ins 2003 SL No. 263 s 76 Associate supplying goods or services [SM, s 88] s 86 amd 2003 SL No. 263 s 77 Disclosure of associate contract [SM, s 89] s 87 amd 2003 SL No. 263 s 78 Disclosure of commission or other benefit [SM, s 90] s 88 amd 2003 SL No. 263 s 79 Division 7—Occupation of common property—Act, s 122 div hdg amd 2003 SL No. 263 s 3 sch pt 1

186 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Occupation of common property by service contractor may include right of access [SM, s 91A] s 89A ins 2003 SL No. 263 s 80 Division 8—Review of remuneration—Act, s 129 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Review of remuneration under engagement of service contractor [SM, s 92] s 90 amd 2003 SL No. 263 s 81 PART 7—FINANCIAL MANAGEMENT Division 2—Budgets—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Budgets [SM, s 94] s 92 amd 2003 SL No. 263 s 82 Adjusting proposed budgets at annual general meeting [SM, s 94A] s 92A ins 2003 SL No. 263 s 83 Division 3—Contributions levied by body corporate—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Contributions to be levied on owners [SM, s 95] s 93 amd 1997 SL No. 482 s 26; 2003 SL No. 263 s 84 Division 3A—Payment and enforcement of body corporate debts div hdg ins 2003 SL No. 263 s 85 Payment and recovery of body corporate debts [SM, s 99] s 97 sub 2003 SL No. 263 s 85 Division 4—Administrative and sinking funds—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Administrative and sinking funds [SM, s 100] s 98 amd 2003 SL No. 263 s 86 Administration of administrative or sinking fund by body corporate manager [SM, s 100A] s 98A ins 2003 SL No. 263 s 87 Reconciliation statements [SM, s 101A] s 99A ins 2003 SL No. 263 s 88 Division 5—Borrowing—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Power to borrow [SM, s 102] s 100 amd 2003 SL No. 263 s 3 sch pt 1 Division 6—Control of spending—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Spending by committee [SM, s 103] s 101 amd 2003 SL No. 263 s 89

187 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Quotes for major spending decided by body corporate [SM, s 104] s 102 amd 1997 SL No. 482 s 27; 2003 SL No. 263 s 90 Quotes for major spending decided by committee s 103 amd 1997 SL No. 482 s 28; 2003 SL No. 263 s 91 Division 7—Accounts and audit—Act, s 150 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Accounts [SM, s 105] s 104 amd 2003 SL No. 263 s 92 Audit [SM, s 106] s 105 amd 1997 SL No. 482 s 29; 2003 SL No. 263 s 93 Auditing qualifications and experience—Act, sch 6 [SM, s 107] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 106 amd 1997 SL No. 482 s 30; 2003 SL No. 263 s 3 sch pt 1 sub 2006 Act No. 9 s 53 sch PART 8—PROPERTY MANAGEMENT Duties of body corporate about common property—Act, s 152 [SM, s 109] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 108 amd 2003 SL No. 263 s 94; 2007 SL No. 328 s 19 Mailbox and notice board—Act, s 153 [SM, s 110] s 109 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 111] prov hdg amd 2003 SL No. 263 ss 3, 95(1) sch pt 1 s 110 amd 2003 SL No. 263 s 95(2)–(6) Easements over common property—Act, s 155 [SM, s 112] s 111 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Improvements to common property by body corporate—Act, s 159 [SM, s 113] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 112 amd 2003 SL No. 263 s 96 Improvements to common property by lot owner—Act, s 159 [SM, s 114] s 113 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Duties of body corporate about body corporate assets—Act, s 152 [SM, s 115] s 114 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Acquisition of amenities for benefit of lot owners—Act, s 156 [SM, s 116] s 115 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Dealing with (including disposal of) body corporate assets—Act, s 157 [SM, s 117] s 116 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Supply of services by body corporate—Act, s 158 [SM, s 119] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 118 amd 2003 SL No. 263 s 3 sch pt 1

188 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Obligations of owners and occupiers—Act, s 160 [SM, s 120] s 119 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Body corporate may carry out work required of owners and occupiers—Act, s 161 [SM, s 121] s 120 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Body corporate’s power to take action to remedy defective building work—Act, s 162 [SM, s 122] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 121 amd 2003 SL No. 263 s 97 Conditions and obligations under exclusive use by-law—Act, s 173 [SM, s 123] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 122 amd 2003 SL No. 263 s 98 Improvements—Act, s 173 [SM, s 124] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 123 amd 2003 SL No. 263 s 99 Recovery of amount owed—Act, s 173 [SM, s 125] s 124 prov hdg amd 2003 SL No. 263 s 3 sch pt 1 Division 9—Insurance—Act, s 189 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Definitions for div 9 [SM, s 126] s 125 amd 2003 SL No. 263 s 100 Disclosure of insurance details at annual general meeting [SM, s 126A] s 125A ins 2003 SL No. 263 s 101 Insurance of common property and body corporate assets [SM, s 127] s 126 amd 2003 SL No. 263 s 102 Premium [SM, s 130] s 129 amd 2003 SL No. 263 s 103 Improvements affecting premium [SM, s 131] s 130 amd 2003 SL No. 263 s 104 Insurance for buildings with no common walls [SM, s 134] s 133 amd 2003 SL No. 263 s 105 Public risk insurance [SM, s 136] s 135 amd 2003 SL No. 263 s 106 Use of insurance money [SM, s 137] s 136 amd 2003 SL No. 263 s 107 PART 9—ADMINISTRATIVE MATTERS Division 2—Body corporate’s seal—Act, s 34 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Body corporate’s seal [SM, s 139] s 138 amd 2003 SL No. 263 s 108

189 Body Corporate and Community Management(Accommodation Module) Regulation 1997 Division 3—Notices—Act, s 201 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Address for service [SM, s 141] s 140 amd 2003 SL No. 263 s 109 Change of address [SM, s 142] s 141 amd 1997 SL No. 482 s 31; 2003 SL No. 263 s 110 Division 4—Rolls and registers—Act, s 204 div hdg amd 2003 SL No. 263 s 3 sch pt 1 Roll of lots and entitlements [SM, s 143] s 142 amd 1997 SL No. 482 s 32; 2003 SL No. 263 s 111 Register of engagements and authorisations [SM, s 145] s 144 amd 2003 SL No. 263 s 112 Register of authorisations affecting the common property [SM, s 146] s 145 amd 2003 SL No. 263 s 3 sch pt 1 Definitions for div 5 [SM, s 148] s 147 amd 1997 SL No. 482 s 33; 2003 SL No. 263 s 113 Keeping and disposal of records—Act, s 204 [SM, s 149] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 148 amd 2003 SL No. 263 s 114 Access to records—Act, s 204 [SM, s 150] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 149 amd 2003 SL No. 263 s 115 Fee for information given to interested persons—Act, s 205 [SM, s 151] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 150 amd 2003 SL No. 263 ss 3, 116 sch pt 1 sub 2004 SL No. 103 s 3 sch sub 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch amd 2007 SL No. 148 s 6 Return of body corporate property—Act, s 322 [SM, s 152] s 151 amd 1997 SL No. 482 s 34 sub 2003 SL No. 263 s 117 Documents in custody of body corporate manager—Act, s 322 [SM, s 153] prov hdg amd 2003 SL No. 263 s 3 sch pt 1 s 152 amd 1997 SL No. 482 s 35; 2003 SL No. 263 s 118 PART 11—TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT LEGISLATION AMENDMENT REGULATION (No. 1) 2003 pt hdg ins 2003 SL No. 263 s 119 sub 2006 Act No. 9 s 53 sch Definitions for pt 11 [SM, s 154] s 153 ins 2003 SL No. 263 s 119

190 Body Corporate and Community Management (Accommodation Module) Regulation 1997 Existing committees—composition [SM, s 155] s 154 ins 2003 SL No. 263 s 119 Existing committee members—eligibility [SM, s 156] s 155 ins 2003 SL No. 263 s 119 Existing decisions of committee about payment of remuneration etc. [SM, s 157] s 156 ins 2003 SL No. 263 s 119 General meetings of body corporate and committee meetings called before commencement [SM, s 158] s 157 ins 2003 SL No. 263 s 119 Existing engagements and authorisations [SM, s 159] s 158 ins 2003 SL No. 263 s 119 Application of new requirements to existing body corporate managers [SM, s 160] s 159 ins 2003 SL No. 263 s 119 Existing body corporate debts [SM, s 161] s 160 ins 2003 SL No. 263 s 119 Existing policies of insurance [SM, s 162] s 161 ins 2003 SL No. 263 s 119 PART 12—OTHER TRANSITIONAL PROVISIONS pt 12 (s 162) ins 2006 Act No. 9 s 53 sch SCHEDULE—DICTIONARY def “amending regulation” ins 2003 SL No. 263 s 120(1) def “body corporate debt” ins 2003 SL No. 263 s 120(1) def “candidate” ins 2003 SL No. 263 s 120(1) def “commencement” ins 2003 SL No. 263 s 120(1) def “elected member” ins 2003 SL No. 263 s 120(1) def “executive member” ins 2003 SL No. 263 s 120(1) def “indictable offence” ins 2003 SL No. 263 s 120(1) def “minor improvement” amd 1997 SL No. 482 s 36(3); 2003 SL No. 263 s 120(2) def “motion with alternatives” ins 2003 SL No. 263 s 120(1) def “next annual general meeting” ins 2003 SL No. 263 s 120(1) def “non-recurrent expenditure” om 1997 SL No. 482 s 36(1) def “non-voting member” amd 2003 SL No. 263 s 120(3) def “non-voting member” ins 2003 SL No. 263 s 120(1) def “occupation authority” ins 2003 SL No. 263 s 120(1) def “open motion” ins 2003 SL No. 263 s 120(1) def “ordinary member” amd 2003 SL No. 263 s 120(4) def “part 3, division 10 engagement” ins 2003 SL No. 263 s 120(1) def “previous” ins 2003 SL No. 263 s 120(1) def “proposed budget amount” ins 2003 SL No. 263 s 120(1) def “reconciliation statement” ins 2003 SL No. 263 s 120(1) def “recurrent” ins 1997 SL No. 482 s 36(2) def “recurrent expenditure” om 1997 SL No. 482 s 36(1) def “relevant annual general meeting” ins 2003 SL No. 263 s 120(1)

191 Body Corporate and Community Management (Accommodation Module) Regulation 1997 def “relevant limit for committee spending” amd 2003 SL No. 263 s 120(5)–(6) def “relevant limit for major spending” ins 2003 SL No. 263 s 120(7) def “relevant person” ins 2003 SL No. 263 s 120(1) def “required number” ins 2003 SL No. 263 s 120(1) def “residential or business address” ins 2003 SL No. 263 s 120(1) def “secret voting paper” ins 2003 SL No. 263 s 120(1) def “statutory motion” ins 2003 SL No. 263 s 120(1) def “unexpired term” ins 2003 SL No. 263 s 120(1) © State of Queensland 2008