Body Corporate and Community Management (Accommodation Module) Regulation 2008 (QLD)

Body Corporate and Community Management (Accommodation Module) Regulation 2008

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Body Corporate and Community Management (Accommodation Module) Regulation 2008.

2   Commencement

This regulation commences on 30 August 2008.

3   Application of this regulation—Act, s 21 [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;

Editor’s note—

For example, although the lots were offered for sale as accommodation lots, the buyers might have chosen not to use them as accommodation lots.

(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 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.

(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;

(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 to committee, chairperson, secretary or treasurer [SM, s 5]

(1)In a provision of this regulation about a community titles scheme—

(a)a reference to the committee is a reference to the committee for the body corporate for the scheme; and

(b)a reference to the chairperson is a reference to the chairperson of the body corporate for the scheme; and

(c)a reference to the secretary is a reference to the secretary of the body corporate for the scheme; and

(d)a reference to the treasurer is a reference to the treasurer of the body corporate for the scheme.

Note—

Under the Act, section 8, in a provision about a community titles scheme, a reference to any of the following persons or things is a reference to the person or thing for the scheme—

•scheme land

•body corporate

•common property

•body corporate assets

•community management statement

•original owner

•by-laws

•body corporate manager, service contractor or letting agent.

(2)If, for a community titles scheme, a body corporate manager is acting under a chapter 3, part 5 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 42, 67(1)(b), 74, 149, 150 and 151 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a chapter 3, part 5 engagement.

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.

Chapter 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 community titles 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 car parks situated on the common property for the principal scheme.

Chapter 3    Committee for body corporate

Part 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 part 5, a body corporate manager to carry out the functions of a committee and each executive member of a committee.

9   Purpose of ch 3 [SM, s 8]

The purposes of this chapter are—

(a)to provide for the following matters in relation to a committee for the body corporate for a community titles scheme—

(i)the composition of the committee;

(ii)the choosing of members of the committee;

(iii)the term of office of a member of the committee;

(iv)the filling of casual vacancies on the committee;

(v)the meetings of the committee; and

(b)to prescribe issues about which the committee may not make decisions; and

(c)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.

Part 2    Committee membership

Division 1 Composition of committee—Act, section 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.

(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 voting members for the committee.

(4)Subsection (3) does not apply to a committee mentioned in section 14(4) or (5).

(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 the Act, section 119 to exercise some or all of the powers of an executive member of the committee.

11   Eligibility to be a voting member [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 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 ineligible 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 an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner); or

(c)a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or

(d)a person who is a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen, or a person nominated by that person.

(3)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.

12   Co-ownership and eligibility to be a voting member [SM, s 11]

Unless otherwise permitted under this regulation, 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.

Note—

For example, this regulation permits otherwise under—

•section 27 (Conduct of ballot—deciding ordinary member positions)

•section 31 (Appointment of committee member at extraordinary general meeting)

•section 40 (Election of committee member at general meeting).

13   Non-voting members of committee [SM, s 12]

(1)The following persons are, without further election or appointment, members of the committee—

(a)a body corporate manager for the community titles 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 2 Choosing of committee—Act, section 99

Subdivision 1 Choosing of committee at annual general meeting

14   When committee is chosen [SM, s 13]

(1)The choosing of the members of the committee must happen at each annual general meeting of the body corporate.

(2)Also, members of the committee may be chosen other than at an annual general meeting if they are chosen under subdivision 2 or 4.

(3)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 community titles scheme, and the 2 lots are in identical ownership; or

(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.

(4)If subsection (3)(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.

(5)If subsection (3)(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 which of the executive member positions of the committee each is to hold (and, if they can not agree, the positions of the executive members are jointly held by both of them).

(6)Subsections (4) and (5) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee.

15   When committee may be chosen if previous committee was formed under s 14(4) [SM, s 14]

(1)If, when the first annual general meeting of the body corporate is held, the committee is formed under section 14(4), a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.

(2)This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.

16   Election of committee [SM, s 15]

(1)The members of the committee must be chosen by an election conducted in accordance with sections 17 to 28, unless the body corporate decides by special resolution that the members are to be elected in another way.

(2)Unless otherwise provided under this regulation, the election of a member must be by ballot.

Note—

For an example of this regulation otherwise providing, see section 24 (Election of ordinary members of committee).

(3)The value of any vote able to be cast for a lot included in the community titles 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 14(4) or (5); or

(b)a member of a committee chosen under subdivision 2 or 4.

17   Nomination procedures for election of committee other than at first annual general meeting [SM, s 16]

(1)This section states how individuals are nominated for election at the annual general meeting for the community titles scheme (other than the first annual general meeting) as a voting member of the committee.

(2)The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll—

(a)setting out an owner’s right of nomination under section 18 and inviting nomination; and

(b)stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen.

(3)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.

Note—

See also section 67 (Opportunity to submit agenda motions).

(4)Nominations must comply with section 19 and must be given to the secretary by the end of the body corporate’s financial year.

(5)As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.

18   Lot owner’s right of nomination [SM, s 17]

(1)The owner of a lot may nominate 1 person for election as a voting member of the committee.

(2)However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows—

(a)if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons;

Examples—

1Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election.

2Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.

(b)if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons.

Example—

Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election.

(3)The following persons may be nominated under subsection (1) or (2)—

(a)if the owner of the lot is an individual—

(i)the owner of the lot; or

(ii)an individual who may be nominated by the owner of the lot in accordance with section 11(1)(b)(i); or

(iii)another individual who is an owner of a lot;

(b)if the owner of the lot is not an individual—

(i)an individual who may be nominated by the owner of the lot in accordance with section 11(1)(b)(ii) or (iii); or

(ii)an individual who is an owner of a lot.

(4)If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation.

(5)The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 17 and 20.

(6)In this section—

owner, of a lot, includes co-owners of the lot.

19   Requirements for nominations [SM, s 18]

(1)For section 17, a nomination must be made by written notice and—

(a)if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or

(b)if the nomination is from an owner of a lot nominating an individual other than the owner—

(i)must be signed and dated by the individual; and

(ii)must be countersigned by the owner, or a person acting under the authority of the owner.

(2)A nomination must contain each of the following details—

(a)the family name 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 an owner of a lot;

(d)if the candidate is not an owner of a lot—

(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; and

(iii)the name of the owner of a lot who nominated the candidate;

(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

20   Modified nomination procedures for election of committee at first annual general meeting [SM, s 19]

(1)An owner of a lot may nominate individuals, as provided under section 18, for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme.

(2)A nomination must be given at the meeting in either of the following ways—

(a)orally from the floor of the meeting;

(b)in writing handed to the person chairing the meeting.

21   Modified election procedures for election of committee at first annual general meeting [SM, s 20]

(1)If, under this part, an election must be held at the first annual general meeting for the community titles scheme the duties imposed on the secretary under this part 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.

22   Conduct of elections for committee [SM, s 21]

Except to the extent that procedures for ballots are stated in this subdivision, 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.

23   Conduct of ballot—information to be forwarded with notice of meeting [SM, s 21]

(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 an owner of a lot; and

(b)if the candidate is not an owner of a lot—

(i)the name of the owner of a lot 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.

Examples of nomination requirements—

•section 11 (Eligibility to be a voting member)

•section 18 (Lot owner’s right of nomination)

•section 19 (Requirements for nominations)

24   Election of ordinary members of committee [SM, s 23]

(1)A person nominated as an ordinary member of the committee becomes an ordinary member of the committee under section 27 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 voting members for the committee.

25   Conduct of ballot—general requirements [SM, s 24]

(1)Unless section 56(4) 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.

Note—

section 56 (When body corporate manager may be engaged to carry out functions of a committee and its executive members)

(2)The election of members takes effect immediately after the close of the meeting where 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.

26   Conduct of ballot—deciding executive member positions [SM, s 26]

(1)If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed.

Examples of nomination requirements—

•section 11 (Eligibility to be a voting member)

•section 18 (Lot owner’s right of nomination)

•section 19 (Requirements for nominations)

(2)If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—

(a)must invite nominations for the position at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by members of the body corporate who are present at the meeting;

(ii)in writing, by members of the body corporate not present at the meeting.

(3)A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position.

(4)Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme.

(5)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee.

(6)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.

(7)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.

27   Conduct of ballot—deciding ordinary member positions [SM, s 27]

(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 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 voting members for the committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this regulation, must declare the candidates to have been elected as ordinary members.

Examples of nomination requirements—

•section 11 (Eligibility to be a voting member)

•section 18 (Lot owner’s right of nomination)

•section 19 (Requirements for nominations)

(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 voting 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 voting 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—

(a)must invite nominations for the position or positions at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by members of the body corporate who are present at the meeting;

(ii)in writing, by members of the body corporate not present at the meeting.

(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)Subsection (7) applies even if the member is the owner of more than 1 lot included in the community titles scheme.

(9)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 17 for a position on the committee.

(10)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.

(11)The persons who receive the highest numbers of votes, in descending order until the committee numbers the required number of voting members for the committee, must be declared elected as the ordinary members.

(12)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.

(13)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.

28   Conduct of ballot—declaration of voting results [SM, s 28]

(1)The person chairing an annual general meeting must declare the result of an election.

(2)When declaring the result of 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 meeting.

(4)The voting tally sheet kept for the meeting must include, for each ballot conducted under this subdivision, each of the following—

(a)a list of the votes rejected from the count;

(b)for each vote rejected—the reason for the rejection;

(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 25.

Subdivision 2 Choosing of committee at extraordinary general meeting following annual general meeting

29   Definitions for sdiv 2 [SM, s 29]

In this subdivision—

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 14(3), where—

(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 fewer than 3; and

(c)the body corporate does not approve the engagement of a body corporate manager under part 5.

30   Requirement to call extraordinary general meeting [SM, s 30]

(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 65 does not apply to the calling or holding of the extraordinary general meeting.

31   Appointment of committee member at extraordinary general meeting [SM, s 31]

(1)At an extraordinary general meeting called under this subdivision, 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 voting members for the committee.

32   Engagement of body corporate manager under pt 5 at extraordinary general meeting [SM, s 32]

(1)The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5.

(2)The motion may be considered at the meeting only if, following any appointment of committee members under section 31—

(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 fewer than 3.

(3)If the motion is considered at the meeting, it must be considered as the last item of business for the meeting.

Subdivision 3 Term of office of committee members

33   Term of office—Act, s 99 [SM, s 33]

(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

(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 chapter 3, part 5 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.

34   Notice for breach of code of conduct—Act, s 101B [SM, s 34]

(1)If a body corporate believes a voting member of the body corporate’s committee 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 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.

35   Removal of voting member at general meeting for breach of code of conduct—Act, s 101B [SM, s 35]

(1)This section applies if—

(a)a body corporate gives a voting member of the body corporate’s committee a notice under section 34(1); and

(b)the period mentioned in section 34(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 34(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).

Subdivision 4 Filling casual vacancies on committee—Act, section 99

36   Application of sdiv 4 [SM, s 36]

(1)This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 33(2).

(2)However, this subdivision does not apply to a person who becomes a member of the committee under section 14(4) or (5).

37   Replacement of member removed from office by body corporate [SM, s 37]

(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 where 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).

38   Committee must appoint new member or call general meeting of body corporate [SM, s 38]

(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.

(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 37.

39   Requirements for notice of general meeting [SM, s 39]

(1)If a general meeting is called under section 38, the notice of the meeting must be accompanied by an explanatory note prepared by the committee.

(2)The explanatory note must state that—

(a)an owner of a lot may nominate a person for election to a vacant executive or ordinary member position if the 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)an owner of a lot must be present personally at the general meeting to vote in the election.

40   Election of committee member at general meeting [SM, s 40]

(1)At a general meeting called under section 38, 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 (12), the election must be conducted 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 community titles scheme.

(4)The person chairing the general meeting must—

(a)invite nominations for all vacant executive or ordinary member positions at the meeting; and

(b)accept the following nominations made by owners of lots 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)An owner of a lot 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)Subsection (6) applies even if the member is the owner of more than 1 lot included in the community titles scheme.

(8)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.

(9)To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting.

(10)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.

(11)Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots.

(12)The election of a member under this section takes effect immediately after the close of the meeting where the member is elected.

41   Engagement of body corporate manager under pt 5 at general meeting [SM, s 41]

(1)If a general meeting is called under section 38, the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5.

(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 40—

(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 fewer 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.

Part 3    Restricted issues—Act, section 100

42   Restricted issues for committee [SM, s 42]

(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 community titles scheme; or

(c)on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or

Note—

Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 199 (Register of reserved issues).

(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

(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 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, under section 43, the decision is not a decision on a restricted issue for the committee.

(2)In this section—

prescribed chapter 6 proceeding—

(a)means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act; but

(b)does not include an appeal against an adjudicator’s order.

43   Exceptions to restricted issues for committee [SM, s 43]

(1)A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if—

(a)the decision is made by ordinary resolution of the body corporate stating—

(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 accompanied the relevant voting paper.

Example—

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.

(2)Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if—

(a)the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and

(b)the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.

43A   Further exception to restricted issues for committee—public health directions [SM, s 43A]

(1)Despite section 42(1)(b), a decision to change rights, privileges or obligations of the owners of lots included in the community titles scheme is not a decision on a restricted issue for the committee if—

(a)the change is in relation to access to, or the use of, common property or body corporate assets; and

(b)the committee considers the change is reasonably necessary to ensure compliance with a public health direction; and

(c)the decision states it stops having effect on the earlier of the following—

(i)the day the public health direction stops having effect;

(ii)the COVID-19 legislation expiry day.

(2)This section expires on the COVID-19 legislation expiry day.

(3)In this section—

public health direction means a public health direction given under the Public Health Act 2005, section 362B.

Part 4    Committee meetings—Act, section 101

Division 1 Administrative arrangements for committee meetings

44   Who may call committee meetings [SM, s 44]

(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 at a meeting of the committee.

Note—

See section 49 (Quorum at committee meetings).

(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.

45   Notice of committee meetings [SM, s 45]

(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 owner of a lot individually, other than an owner who—

(i)has instructed the secretary that the 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 an owner of a lot when notice of the meeting is given to committee members.

46   Place of committee meetings [SM, s 46]

(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 so require by written notice given to the secretary.

47   Agenda for committee meetings [SM, s 47]

(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.

Division 2 Chair, quorum and attendance for committee meetings

48   Chairing committee meetings [SM, s 48]

(1)The chairperson must chair all meetings of the committee when 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.

49   Quorum at committee meetings [SM, s 49]

(1)At a meeting of the committee, a quorum is at least half the number of voting members of the committee.

Examples—

1If there are 6 voting members of the committee, a quorum is 3.

2If 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 101(2)(b)—is counted as 2.

(3)A non-voting member who is present is not counted for deciding whether there is a quorum.

50   Attendance at committee meetings—non-voting members [SM, s 50]

(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 community titles scheme;

(b)the person’s engagement as body corporate manager or service contractor;

(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).

51   Attendance at committee meetings—non-members [SM, s 51]

(1)A person who is not a member of the committee may attend a meeting of the committee if the person is—

(a)an owner of a lot 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)An owner of a lot who wishes to attend a meeting of the committee under this section must give the secretary written notice of the owner’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held.

(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—

(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 may—

(a)subject to subsections (3) and (4), observe the meeting; and

(b)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 3 Voting at committee meetings

52   Voting at committee meetings [SM, s 52]

(1)This section states how motions are decided at a meeting of the committee.

(2)A motion is decided by a majority of votes of the voting members present and entitled to vote on the motion who are voting.

(3)Without limiting subsection (2), if a quorum is present, a motion decided by a majority of the votes of the voting members present and entitled to vote on the motion is a decision of the committee.

(4)Each voting member present and entitled to vote on a motion to be decided has 1 vote on the motion.

(5)To avoid any 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.

(6)In this section—

present means present either in person or by proxy.

53   Conflict of interest [SM, s 53]

(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 interest in an issue is a voting member, the member is not entitled to vote on a motion involving 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 interest in an issue must not vote as the proxy on a motion involving 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 (1) to disclose the interest.

(6)A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.

54   Voting outside committee meetings [SM, s 54]

(1)A resolution on a motion before the committee is a valid resolution of the committee, even though the motion is not decided at a meeting of the committee called and conducted under this part, 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 members’ agreement expressed, orally or by another appropriate form of communication.

(3)Advice of the motion must be given, at the same time notice of the motion is given or, in an emergency, as soon as reasonably practicable, to each owner of a lot, other than an owner who—

(a)has instructed the secretary that the 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 53(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.

Division 4 Minutes and other records of committee

55   Minutes and other records of committee [SM, s 55]

(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 a copy of the record of each motion voted on other than at a meeting to the following persons—

(a)each member of the committee;

(b)each owner of a lot who is not a member of the committee.

(3)Subsection (2)(b) does not apply to an owner of a lot who—

(a)has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of the minutes of committee meetings and records of motions 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 record of a motion voted on other than at a meeting—the deciding of the motion; 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—

full and accurate minutes, of a meeting, means minutes including each of the following—

(a)the date, time and place of the meeting;

(b)the names of persons present and details of the capacity in which they attended the meeting;

(c)details of proxies tabled;

(d)for each motion voted on at the meeting—

(i)the words of the motion; and

(ii)the number of votes for and against the motion;

(e)details of correspondence, reports, notices or other documents tabled;

(f)the time the meeting closed;

(g)details of the next scheduled meeting;

(h)the secretary’s name and contact address.

full and accurate record, of a motion voted on other than at a meeting, means a record including each of the following—

(a)the date notice of the motion was given;

(b)the names of the committee members to whom notice was given;

(c)the words of the motion voted on;

(d)the names of the committee members who voted on the motion;

(e)the number of votes for and against the motion.

Part 5    Engagement of body corporate manager to carry out functions of committee and executive members—Act, section 122

56   When body corporate manager may be engaged to carry out functions of a committee and its executive members [SM, s 58]

(1)The body corporate may—

(a)engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee and each executive member of the committee; and

(b)agree to an amendment of the engagement.

Notes—

1Under section 8 (Requirement for committee—Act, s 98), there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and each executive member of a committee.

2See also section 120 (Schemes for which there is no committee for the body corporate) of the Act.

(2)The body corporate may act under subsection (1) only if—

(a)the original owner control period has ended; and

(b)the body corporate passes a special resolution approving the engagement or amendment and, for the passing of the resolution, no votes are exercised by proxy; and

(c)for an engagement—the motion approving the engagement is decided by secret ballot at a general meeting mentioned in subsection (3); and

(d)the material given to members of the body corporate for the general meeting that considers the motion includes—

(i)for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or

(ii)for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.

(3)For subsection (2)(c), the general meeting can be—

(a)an annual general meeting where—

(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 fewer than 3; or

(b)an extraordinary general meeting called under part 2, division 2, subdivision 2 if, after any appointment under section 31 of persons as executive or ordinary members of the committee—

(i)at least 1 executive member position on the committee is not filled; or

(ii)the total number of voting members of the committee is fewer than 3; or

(c)a general meeting called under section 38 if, after the election to fill all vacant positions on the committee is conducted at the meeting—

(i)at least 1 executive member position on the committee is not filled; or

(ii)the total number of voting members of the committee is fewer than 3.

(4)However, if the body corporate is the body corporate for a community titles scheme of a type mentioned in section 14(3), paragraph (a), (b), (c) or (d), the general meeting for subsection (2)(c) can be any general meeting of the body corporate.

(5)The motion approving the engagement must be considered as the last item of business for the meeting.

(6)The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.

(7)To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.

(8)The engagement of a body corporate manager under this part is void if it does not comply with this section and section 57.

(9)An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.

57   Form of engagement [SM, s 59]

(1)The engagement of a body corporate manager under this part must—

(a)be in writing; and

(b)state that the body corporate manager is required to carry out all the functions of the committee and each executive member of the committee; and

(c)state that the body corporate manager is authorised to exercise the powers of the committee and each executive member of the committee; and

(d)state the basis for working out payment for the body corporate manager’s services.

(2)The engagement must not be in the form of a by-law.

58   Term of engagement [SM, s 60]

(1)Subject to subsection (2), the term of a person’s engagement as a body corporate manager under this part ends—

(a)at the end of the body corporate’s next annual general meeting held after the general meeting where the engagement was approved; or

(b)12 months after the day the engagement began;

whichever is earlier.

(2)However, the body corporate may terminate the person’s engagement under chapter 6, part 5.

Note—

Under the Act, section 120(3) (Schemes for which there is no committee for the body corporate), the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.

(3)During the term of the engagement, the body corporate may not choose or purport to choose a person as a committee member.

59   Functions and powers [SM, s 61]

A body corporate manager engaged under this part has—

(a)the functions of a committee and each executive member of the committee; and

(b)subject to any revocation under section 120 of the Act, the powers of a committee and each executive member of the committee.

60   Body corporate manager’s reports to body corporate [SM, s 62]

(1)A body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme.

(2)The report must include details of each of the following—

(a)repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report;

(b)any matters—

(i)known to the body corporate manager about the condition of the common property or the body corporate assets; and

(ii)that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets;

Note—

See sections 157 (Duties of body corporate about common property—Act, s 152) and 163 (Duties of body corporate about body corporate assets—Act, s 152).

(c)the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund;

(d)the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.

(3)For subsection (2)(d), the report must state, for each expense, the following—

(a)the payee;

(b)the amount;

(c)the date the expense was incurred;

(d)the reason the expense was incurred.

(4)The report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement.

(5)The report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part.

(6)Also, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4).

(7)A request under subsection (6)—

(a)must be written; and

(b)must not be made more than once every 3 months.

(8)The body corporate manager must give the report to the members within 21 days after receiving the request.

Chapter 4    Body corporate meetings—Act, section 104

Part 1    Purpose of chapter

61   Purpose of ch 4 [SM, s 63]

The purpose of this chapter is to prescribe matters about meetings of the body corporate for a community titles scheme.

Part 2    Administrative arrangements for body corporate meetings

Division 1 General

62   Types of meetings [SM, s 64]

(1)All meetings of the body corporate are general meetings.

(2)A general meeting is either an annual general meeting or an extraordinary general meeting.

63   Who may call general meetings [SM, s 65]

(1)A general meeting may be called by a member of the committee, including a non-voting member of the committee, if the member is authorised by a resolution of the committee to call the particular meeting.

(2)A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.

(3)This section does not apply to a requested extraordinary general meeting.

64   When annual general meetings must be called [SM, s 66]

An annual general meeting (other than the first annual general meeting) must be called and held within 3 months after the end of each of the community titles scheme’s financial years.

Note—

See division 2 for requirements for the first annual general meeting.

65   Requirement for requested extraordinary general meeting [SM, s 67]

(1)An extraordinary general meeting (a requested extraordinary general meeting) of the body corporate must be called if a notice asking for an extraordinary general meeting to consider and decide motions proposed in the notice is—

(a)signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and

(b)given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, given to the original owner.

(2)The secretary may be presumed to be absent if a notice is given to the secretary at the address for service of the body corporate, and no reply is received within 7 days.

(3)A requested extraordinary general meeting—

(a)must be called, within 14 days after the notice is given under subsection (1), by the person to whom the notice is given; and

(b)must be held within 6 weeks after the notice is given.

(4)A requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.

66   Failure to call requested extraordinary general meeting [SM, s 68]

(1)This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request) asking for the meeting is given under section 65.

(2)The owners of lots by or for whom the original request was signed may, in writing, ask a committee member, other than the committee member to whom the original request was given, to call the meeting.

(3)The committee member must call the requested extraordinary general meeting within 14 days after the written request is given to the member.

67   Opportunity to submit agenda motions [SM, s 69]

(1)A motion for consideration at a general meeting of the body corporate may be submitted at any time by—

(a)a member of the body corporate; or

(b)the committee.

(2)If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (5), it must, subject to subsections (3) and (4), be included on the next general meeting agenda on which it is practicable to include the motion.

(3)A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting.

(4)However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate—

(a)a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement;

(b)a motion proposing that the remuneration paid to a particular service contractor be changed;

(c)a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.

(5)If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.

68   Notice of general meetings [SM, s 70]

(1)Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme, and if not given personally, must be sent to the owner at the owner’s address for service.

(2)The notice must state the time and place of the proposed general meeting.

(3)The notice of a proposed general meeting must—

(a)contain an agenda for the meeting; and

(b)be accompanied by—

(i)a proxy form; and

(ii)if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and

(c)be accompanied by a voting paper for all open motions to be decided at the meeting; and

(d)for a motion to be decided at the meeting by secret ballot—be accompanied by each of the following—

(i)a secret voting paper as required under section 69;

(ii)an envelope marked ‘secret voting paper’;

(iii)either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and

(e)be accompanied by explanatory material required under section 71; and

(f)contain or be accompanied by any other document as required under the Act or this regulation.

Note—

See, for example, the documents required under the following sections—

•section 23 (Conduct of ballot—information to be forwarded with notice of meeting)

•section 137 (Budgets)

•section 150 (Quotes for major spending decided at general meeting)

•section 152 (Accounts)

•section 153 (Audit)

•section 175 (Disclosure of insurance details at annual general meeting)

•section 199 (Register of reserved issues).

(4)If all the lots have identical ownership, no notice of a general meeting need be given.

69   Requirements for voting papers [SM, s 71]

(1)The secretary must prepare 1 voting paper for all open motions to be decided at a general meeting.

(2)The secretary must prepare a voting paper (a secret voting paper) for a motion to be decided at the meeting by secret ballot.

(3)If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper.

(4)A voting paper must—

(a)state each motion as required under subsection (5); and

(b)state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and

(c)for a secret voting paper—be marked with the words ‘secret voting paper’; and

(d)if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and

(e)enable a person who is a voter for the general meeting to cast a written vote on each motion to be considered at the meeting; and

(f)if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—provide instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and

(g)if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—provide instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.

(5)The voting paper must state—

(a)for a motion other than a motion with alternatives, each of the following—

(i)the motion in the form in which it was submitted without amendment;

(ii)if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion;

(iii)if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion; and

(b)for a motion with alternatives, each of the following—

(i)the motion and alternatives as required under section 70;

(ii)the name and, if applicable, the lot number of the person submitting each alternative;

(iii)that the motion is submitted by the committee.

70   Motion with alternatives [SM, s 72]

(1)This section applies if 2 or more motions (the original motions) proposing alternative ways of dealing with the same issue are submitted, under section 67, as motions for consideration at a general meeting of the body corporate.

Example—

The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager. Each motion proposes a different person.

(2)A voting paper for the general meeting must—

(a)list as alternatives under 1 motion submitted by the committee (a motion with alternatives), the substance of each of the original motions; and

(b)show, after the motion and each alternative listed under it, a blank space for voting purposes.

(3)A person who is a voter for the general meeting may vote either—

(a)for the motion, by voting for the motion and for 1 of the alternatives listed under the motion; or

(b)against the motion.

(4)If the required resolution is passed for the motion—

(a)the alternative with the most votes is the body corporate’s decision; or

(b)if 2 or more alternatives (the qualifying alternatives) receive an equal highest number of votes—the qualifying alternative that is the body corporate’s decision must be decided by chance in the way the meeting decides.

(5)If more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting, all motions about the issue are void.

71   Explanatory material accompanying voting paper [SM, s 73]

(1)A voting paper for a general meeting must be accompanied by an explanatory schedule if—

(a)the submitter of a motion stated in the voting paper gives the secretary an explanatory note about the motion, and the note is not longer than 300 words; or

(b)the voting paper is for an annual general meeting; or

(c)the voting paper states a motion with alternatives; or

(d)the voting paper states a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; or

(e)an explanatory schedule is required to accompany the voting paper under another provision of this regulation.

Note—

See, for example, section 43 (Exceptions to restricted issues for committee).

(2)The explanatory schedule must, for a motion mentioned in subsection (1)(a), include only the following—

(a)the number assigned to the motion on the voting paper;

(b)the explanatory note in the form given by the motion’s submitter;

(c)the submitter’s name.

(3)The explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, include an explanatory note stating that, under section 138, the amount of a budget adopted at the meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.

(4)The explanatory schedule must, for a motion with alternatives, include each of the following—

(a)each motion (original motion), whose substance is stated as an alternative under the motion with alternatives, in the form in which it was submitted under section 67;

(b)an explanatory note about each original motion, given to the secretary by the submitter of the original motion, if the note is not longer than 300 words;

(c)an explanatory note stating that voters must vote either—

(i)for the motion, by voting for the motion and for 1 of the alternatives; or

(ii)against the motion.

Example of an explanatory note for paragraph (c)—

‘To vote on this motion, you must either vote against the motion OR vote for the motion and 1 alternative.

To vote against the motion—mark ‘No’ opposite the motion on the voting paper. If you mark ‘No’, do not place a mark beside any of the alternatives. To vote for the motion and 1 alternative—mark the voting paper in 2 places. Firstly, mark ‘Yes’ opposite the motion on the voting paper. Secondly, mark ‘Yes’ opposite the alternative you want to vote for. You can vote for only 1 alternative.’.

(5)The explanatory schedule must, for a motion mentioned in subsection (1)(d), include an explanatory note, in the approved form, explaining the effect of the proposed change.

(6)To remove any doubt, it is declared that an explanatory schedule for a motion must not contain explanatory material, other than an explanatory note mentioned in subsections (3) to (5) or required under another provision of this regulation, written by a person other than the submitter of the motion.

(7)A notice of a proposed general meeting may be accompanied by explanatory material given by the committee, other than an explanatory note mentioned in subsections (2) to (5), if the material is contained in a schedule of the committee’s explanatory material that is separate from the explanatory schedule.

Example—

The schedule of a committee’s explanatory material might contain general explanatory material that does not relate to a particular motion stated in the voting paper, or information relating to a motion.

(8)Explanatory material may accompany a voting paper or a notice of a proposed general meeting only if required or permitted under this regulation.

72   Time of general meetings [SM, s 74]

A general meeting must be held at least 21 days after notice of the meeting is given to the owners of lots.

Note—

Section 65 (Requirement for requested extraordinary general meeting) provides for the timing of a requested extraordinary general meeting.

73   Place of general meetings [SM, s 75]

(1)A general meeting must be held not more than 15km (measured in a straight line on a horizontal plane) from scheme land.

(2)However, if the committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land, and allows them a reasonable opportunity to object in writing to the proposed place, the meeting may be held at the place unless written objections to the proposed place of meeting are given by or for owners of at least 25% of the lots included in the scheme.

74   Agenda for general meeting [SM, s 76]

(1)The committee must prepare an agenda for each general meeting.

(2)The agenda must include—

(a)the substance of the following motions—

(i)motions submitted by the committee for consideration at the meeting, including, for a motion with alternatives, the substance of each alternative;

(ii)if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;

(iii)a motion submitted under section 67 by a member of the body corporate and required to be included in the agenda, other than a motion stated in the agenda as an alternative under a motion with alternatives;

(i)be given by the owner of the lot; and

(ii)advise when the engagement of the person was terminated; and

(e)for an event mentioned in subsection (1)(e) or (f)—

(i)be given by the registered mortgagee; and

(ii)advise the name, residential or business address, and address for service (if different from the residential or business address given) of the registered mortgagee.

192   Address for service [SM, s 194]

(1)If no address for service is notified to the body corporate for an owner of a lot or another person whose address for service is required to be given to the body corporate, the address for service is the residential or business address, whether inside or outside Australia, as last notified to the body corporate for the owner or other person.

(2)Even if there are 2 or more co-owners for 1 lot, there must nevertheless be only 1 address for service for the owners.

193   Change of address [SM, s 195]

A person may change the person’s residential or business address or address for service by notice given to the body corporate.

Part 4    Rolls and registers—Act, section 204

194   Roll of lots and entitlements [SM, s 196]

(1)The body corporate must prepare and keep a roll containing the information required by this section.

(2)The roll must contain—

(a)the name, residential or business address and address for service (if different from the residential or business address) of the original owner; and

(b)the contribution schedule lot entitlement of each lot included in the community titles scheme; and

(c)the interest schedule lot entitlement of each lot included in the scheme; and

(d)the name, residential or business address and the address for service (if different from the residential or business address) of the current owner, or the current co-owners, of each lot included in the scheme; and

(e)if the original owner, or the owner of the lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and

(f)if there is a mortgagee in possession of a lot—

(i)the name, residential or business address and the address for service (if different from the residential or business address) of the mortgagee in possession; and

(ii)when the body corporate received notice of the mortgagee’s entering into possession; and

(iii)if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and

(g)brief details of all information required to be given to the body corporate in notices given under the Act or this regulation (including in notices given under sections 81, 82 and 83 and under this chapter), including when the information was given.

195   Register of assets [SM, s 197]

(1)The body corporate must keep a register of body corporate assets and record in it all body corporate assets of more than $1,000 in value.

(2)The register must show the following details for each asset recorded—

(a)a brief description of the asset;

(b)whether the asset was purchased or was a gift;

(c)when the asset became a body corporate asset;

(d)if the asset was purchased—

(i)its cost; and

(ii)the name and address of the person from whom the asset was purchased;

(e)if the asset was a gift—

(i)its estimated value; and

(ii)the name and address of the donor.

196   Register of engagements and authorisations [SM, s 198]

(1)The body corporate must keep a register of each engagement by the body corporate of a person as a body corporate manager or service contractor, and each authorisation of a person as a letting agent.

(2)The register must show the following details for each engagement or authorisation—

(a)the name and address of the body corporate manager, service contractor or letting agent (the contractor);

(b)for an engagement—

(i)a statement of the duties the contractor is required to perform; and

(ii)a statement of the basis on which the contractor is remunerated;

(c)when the engagement or authorisation takes effect, and the term of the engagement or authorisation;

(d)for an engagement of a person as a body corporate manager, other than a chapter 3, part 5 engagement—the powers of an executive member of the committee the contractor is authorised to exercise.

(3)Also, an original, executed copy of the contract or other arrangement under which the person is engaged as a body corporate manager or service contractor, or authorised as a letting agent, must be kept as part of the register.

(4)The body corporate must note in the register—

(a)the giving to the body corporate of a written notice that a person is a financier of the contract or other arrangement under which a person is engaged as a service contractor, or authorised as a letting agent; and

(b)the giving to the body corporate of a written notice withdrawing a written notice mentioned in paragraph (a).

197   Register of authorisations affecting the common property [SM, s 199]

(1)The body corporate must keep a register for recording each authorisation for a service contractor or letting agent to occupy a particular part of common property.

Note—

See section134 (Occupation of common property by service contractor or letting agent).

(2)The register mentioned in subsection (1) must show the following details about the authorisation—

(a)when the resolution was passed giving the authorisation;

(b)a description of the area of common property authorised for occupation;

(c)any conditions, including conditions as to use of the common property by other persons, stated in the authorisation.

(3)The body corporate must keep a register for recording each authorisation for the owner of a lot included in the community titles scheme to make an improvement to common property for the benefit of the owner’s lot.

Note—

See section 162 (Improvements to common property by an owner of a lot—Act, s 159).

(4)The register mentioned in subsection (3) must show the following details about the authorisation—

(a)when the authorisation was given;

(b)a description of the area of common property authorised for use for the improvement;

(c)any conditions, including conditions as to use of the common property by other persons, stated in the authorisation;

(d)if an adjudicator ordered the body corporate to consent to the improvement—when the order was made.

198   Register of allocations under exclusive use by-law [SM, s 200]

(1)This section applies if there is an exclusive use by-law, and, under the by-law, a person is authorised to allocate parts of the common property or body corporate assets for the purpose of the by-law.

(2)The body corporate must keep a register of allocations (including an allocation under a reallocation agreement mentioned in chapter 3, part 5, division 2 of the Act) made under the exclusive use by-law.

(3)The register must identify the following about each allocation—

(a)the exclusive use by-law under which the allocation was made;

(b)the common property or body corporate asset allocated;

(c)the lot in whose favour the allocation was made.

199   Register of reserved issues [SM, s 201]

(1)A body corporate must keep a register of reserved issues if the body corporate, by ordinary resolution, reserves an issue for decision by ordinary resolution of the body corporate.

(2)The following details about each reserved issue must be included in the register—

(a)a description of the issue;

(b)the date of the ordinary resolution of the body corporate reserving the issue.

(3)When notice of an annual general meeting for the body corporate is given, the notice must be accompanied by a copy of the register of reserved issues.

Part 5    Documents and information

200   Definitions for pt 5 [SM, s 202]

In this part —

associated committee meeting material means the following material related to meetings of the committee—

(a)notices of meetings, including agendas and attachments;

(b)committee member proxy appointment documents;

(c)notices for resolutions to be passed other than at a meeting, and the responses of committee members;

(d)notices of resolutions sent to owners, if the notices are given other than in the minutes of the relevant committee meetings;

(e)notices of resignation by committee members;

(f)written agreements of committee members reducing the notice period for committee meetings.

associated general meeting material means the following material related to general meetings of the body corporate—

(a)notices calling for nominations for committee positions;

(b)notices by owners requesting general meetings;

(c)notices of meetings, including agendas, written voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;

(d)notices of motion received, including explanatory notes for motions;

(e)nominations for election as a committee member;

(f)proxy appointment documents;

(g)completed voting papers (including ballot papers and secret voting documentation) for motions and election ballots;

(h)voting tally sheets or other records showing votes for motions and election ballots;

(i)notices of objection by owners of lots to meeting locations;

(j)copies of instruments, notices and powers of attorney given to the body corporate under section 81, 82 or 83.

201   Keeping and disposal of records—Act, s 204 [SM, s 203]

(1)The body corporate must keep the following (subject to the operation of subsections (3) and (4) permitting their disposal)—

(a)the body corporate’s accounting records and statements of account for each financial year;

(b)notices given in relation to the community titles scheme by a public authority, local government or other authority;

(c)orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;

(d)each policy of insurance the body corporate puts in place;

(e)documents evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent;

(f)each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law;

(g)documents evidencing each authorisation of a service contractor or letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else;

(h)correspondence received by the body corporate, and correspondence sent by the body corporate;

(i)all minutes of meetings of the committee and all associated committee meeting material;

(j)all minutes of general meetings of the body corporate, and all associated general meeting material;

(k)reports given to members of the body corporate by a body corporate manager acting under a chapter 3, part 5 engagement;

(l)any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices;

(m)notices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.

(2)The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form—

(a)minutes of committee meetings and general meetings, including attachments;

(b)the body corporate roll;

(c)registers the body corporate is required to maintain.

(3)The following documents may be disposed of 6 years after their creation or receipt—

(a)statements of account, including certificates of auditors;

(b)notices of meetings, including agendas and attachments;

(c)documents evidencing or detailing major repairs or installations carried out on the common property;

(d)orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;

(e)notices given in relation to the scheme by a public authority, local government or other authority;

(f)written agreements to which the body corporate is a party;

(g)reports given to members of the body corporate by a body corporate manager acting under a chapter 3, part 5 engagement.

(4)The following documents may be disposed of 2 years after their creation or receipt—

(a)associated committee meeting material and associated general meeting material, other than material mentioned in subsection (3)(b);

(b)correspondence of no significance or continuing interest;

(c)reconciliation statements and associated financial institution statements and invoices.

(5)Despite subsections (3) and (4), a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following—

(a)a contract that is in force for longer than 6 years;

(b)a notice required to be given to the body corporate, if the information included in the notice is still current information.

202   Access to records—Act, s 204 [SM, s 204]

(1)The body corporate must allow all members of its committee reasonable access (without payment of a fee) to the body corporate’s records.

(2)However, the body corporate is not required to allow a person access to records under this section if a legal proceeding between the body corporate and the person has started or is threatened and the records are privileged from disclosure.

(3)Also, the body corporate is not required to allow a person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.

203   Fee for information given to interested persons—Act, s 205 [SM, s 205]

(1)For section 205(2) of the Act—

(a)the prescribed fee for inspection of the body corporate’s records is—

(i)if the person inspecting the records is an owner of a lot—$17.95; or

(ii)if the person inspecting the records is not an owner of a lot—$34.50; and

(b)the prescribed fee for obtaining a copy of a record kept by the body corporate is 65c for each page supplied.

(2)For section 205(4) of the Act, the prescribed fee to accompany a request for a body corporate information certificate under the subsection is $66.55, plus a priority fee of $25.00 if the certificate is required within 24 hours, plus a fee of $17.20 if the certificate is to be faxed.

(3)The priority fee mentioned in subsection (2) must be refunded if the certificate is not supplied within 24 hours.

Chapter 10    Miscellaneous

204   Return of body corporate property [SM, s 206]

(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 chapter 3, part 5 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.

(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 chapter 3, part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.

205   Documents in custody of body corporate manager [SM, s 207]

(1)This section applies if—

(a)a 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.

Chapter 11    Repeal and transitional provisions

Part 1    Repeal

206   Repeal [SM, s 208]

The Body Corporate and Community Management (Accommodation Module) Regulation 1997, SL No. 248 is repealed.

Part 2    Transitional provisions

Division 1 Purposes, definitions and general approach

207   Main purposes of pt 2 [SM, s 209]

The main purposes of this part are as follows—

(a)to provide for provisions of this regulation that are substantially the same as provisions of the repealed regulation to be dealt with as replacements of the provisions of the repealed regulation;

(b)to provide for the continuation of particular matters dealt with under the repealed regulation;

(c)to provide for matters that were not dealt with in the repealed regulation that are dealt with under this regulation.

208   Definitions for pt 2 [SM, s 210]

In this part—

authorised action or document means an action done or a document made or kept under a previous provision.

commencement means the commencement of this part.

corresponding provision, to a previous provision, means a provision of this regulation that is substantially the same as the previous provision.

made includes given and issued.

obligation includes duty.

previous, in relation to a stated provision that includes a number, means the provision of the repealed regulation with that number immediately before the repeal of that regulation.

previous provision means a provision of the repealed regulation as in force immediately before the commencement.

protection includes a statement that—

(a)there is no liability; and

(b)there is no invalidity; and

(c)a person has an entitlement.

repealed regulation means the Body Corporate and Community Management (Accommodation Module) Regulation 1997.

209   Authorised actions and documents etc. under previous provision [SM, s 211]

(1)This section applies to the following—

(a)an authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement;

(b)an entity’s obligation under a previous provision if the obligation applied to the entity immediately before the commencement;

(c)a protection under a previous provision that applied to an entity immediately before the commencement.

(2)Subject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a previous provision, if there is a corresponding provision to the previous provision, the authorised action or document, obligation or protection—

(a)continues in force or to have effect according to its terms; but

(b)is taken to have been done, made, kept or applied under the corresponding provision.

(3)However, subsection (2)(b) applies whether or not the previous provision refers to the action or document, obligation or protection by reference to a provision of the repealed regulation.

210   Terminology in things mentioned in s 209(1) [SM, s 212]

(1)This section applies to a document that is—

(a)any of the things mentioned in section 209(1), including, for example, an authorised action or document; or

(b)evidence of any of the things.

(2)A reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this regulation.

Example for subsection (2)—

A proxy form given under the repealed regulation for a general meeting called but not held before the commencement is to be read as if the appointment of the proxy to which it relates were made under this regulation.

211   Period stated in previous provision [SM, s 213]

(1)This section applies if, in a previous provision, there is a period for doing something, and the period for doing the thing started before the commencement.

(2)If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision state the same period, the period for the thing continues to have started from when the period started under the previous provision.

(3)If there is a corresponding provision to the previous provision and the corresponding provision and the previous provision state different periods—

(a)the period stated in the previous provision applies; and

(b)the period for the thing continues to have started from when the period started under the previous provision.

212   Period or date stated in document given under previous provision [SM, s 214]

(1)This section applies if—

(a)there was a previous provision that provided for a document to be made under it; and

(b)there is a corresponding provision to the previous provision; and

(c)under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.

Example—

a remedial action notice under previous section 84C that states a date by which a person must comply with the notice

(2)If the document stated a period for doing something—

(a)the stated period continues to apply for doing the thing; and

(b)the period continues to have started from when the period started under the previous provision.

(3)If the document stated a date before when or by when a thing is to be done (however expressed), the thing must be done by the stated date.

213   References to repealed regulation [SM, s 215]

In an Act or document, a reference to the repealed regulation is taken, if the context permits, to be a reference to this regulation.

214   Acts Interpretation Act 1954, s 20 not limited [SM, s 216]

This part does not limit the Acts Interpretation Act 1954, section 20.

Division 2 Specific provisions

215   When is a general meeting called for this division [SM, s 217]

For this division, a general meeting is taken to have been called on the day notice of the meeting is given to each owner of a lot included in the community titles scheme and, if notice is given on different days, on the day the last of the owners is given notice.

216   General meetings of body corporate and committee meetings called before commencement [SM, s 218]

(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)The repealed regulation continues to apply to a procedural step taken to call the meeting, and to the conduct of the meeting, as if this regulation had not been made and the repealed regulation continued in force.

(3)For this section and without limiting section 215, a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee.

217   Existing voting members—eligibility [SM, s 219]

(1)This section applies if a person holding office as a voting member of a committee for a body corporate immediately before the commencement was nominated for membership by a member of the body corporate who owed a body corporate debt when the members of the committee were chosen.

(2)Despite section 11(2)(d), the person is taken to be eligible to be a voting member of the committee until the next annual general meeting of the body corporate.

218   Committee elections [SM, s 220]

(1)This section applies for an election of a committee of a body corporate after the commencement in relation to which notices under previous section 14 were served on each owner of a lot, or at least 1 of the notices was served on an owner of a lot, by the secretary before the commencement.

(2)The repealed regulation continues to have effect for the purposes of the election of the committee as if this regulation had not been made and the repealed regulation continued in force.

(3)However, a person who is otherwise eligible under the repealed regulation to be a voting member of the committee is ineligible to be a voting member of the committee if nominated by a person who—

(a)is a member of the body corporate; and

(b)owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen.

219   Existing engagements of body corporate managers to carry out functions of committee and executive members [SM, s 222]

(1)This section applies to the engagement of a body corporate manager to carry out the functions of a committee and each executive member of a committee if—

(a)the engagement was approved under previous section 35A before the commencement; or

(b)the engagement was approved at a meeting called but not held before the commencement.

(2)The engagement is taken to comply with section 57(1)(c).

220   Existing requests for approval to transfer and decisions about transfers [SM, s 223]

(1)Subsection (2) applies if, before the commencement—

(a)the approval of a body corporate was sought to the transfer of rights under an engagement of a person as a service contractor or the authorisation of a person as a letting agent; and

(b)previous section 83 would have applied to the engagement or authorisation; and

(c)the request for the approval had not been decided by the body corporate.

(2)The repealed regulation continues to apply in relation to the transfer of rights as if this regulation had not been made and the repealed regulation continued in force.

(3)Subsection (4) applies if, before the commencement—

(a)the approval of a body corporate was sought to the transfer of rights under an engagement of a person as a service contractor or the authorisation of a person as a letting agent; and

(b)previous section 83 applied to the engagement or authorisation; and

(c)the body corporate approved the transfer but the transfer had not been finalised.

(4)It is declared that, after the commencement, for the purpose of giving effect to the transfer of rights—

(a)the rights and obligations of the body corporate and the transferor of the rights under the repealed regulation are unaffected by the repeal; and

(b)chapter 6, part 4, division 2 does not apply in relation to the transfer of rights.

221   Existing resolutions on relevant limit for committee spending

(1)This section applies if before the commencement the body corporate by special resolution decided under the repealed regulation a relevant limit for committee spending of an amount worked out by multiplying the number of lots included in the community titles scheme by an amount greater than $125 but not greater than $450.

(2)The amount is taken to be the amount last set as the relevant limit for committee spending by ordinary resolution of the body corporate at a general meeting on commencement.

222   Existing proposals if reduced limit for major spending [SM, s 224]

(1)This section applies if the relevant limit for major spending for a community titles scheme is less than the relevant limit for major spending for the scheme under the repealed regulation (the previous limit).

(2)For a general meeting called but not held before the commencement, section 150 applies as if the relevant limit for major spending for the scheme were the previous limit.

(3)For a committee meeting called but not held before the commencement, section 151 applies as if the relevant limit for major spending for the scheme were the previous limit.

223   Disclosure of insurance details at annual general meeting [SM, s 225]

(1)Section 175(3) does not apply for—

(a)an annual general meeting called but not held before the commencement; or

(b)another annual general meeting for a relevant body corporate if the body corporate—

(i)has not obtained, either before or after the commencement, a valuation stating the full replacement value of the building or buildings it must insure under chapter 8, part 9; and

(ii)is not required to obtain a valuation under section 224(2) before the annual general meeting.

(2)For another annual general meeting for a relevant body corporate, section 175(3) applies as if a reference in that subsection to the most recent valuation under section 179 were a reference to the most recent valuation obtained, including a valuation obtained before the commencement.

(3)In this section—

relevant body corporate means a body corporate to which section 224 applies.

224   Valuation for insurance purposes [SM, s 226]

(1)This section applies to a body corporate that must, under chapter 8, part 9, insure 1 or more buildings for full replacement value.

(2)The body corporate must obtain the required valuation for the building or buildings within 1 year after the commencement, unless the body corporate has obtained a required valuation for the building or buildings within 4 years before the commencement.

(3)If the body corporate obtained a required valuation for the building or buildings within 4 years before the commencement, the date the most recent required valuation was obtained is the starting date for the 5-year period mentioned in section 179 for the body corporate.

(4)In this section—

required valuation, for a building or buildings, means an independent valuation stating the full replacement value of the building or buildings.

225   Register of reserved issues [SM, s 227]

A body corporate must record its reserved issues in a register of reserved issues as mentioned in section 199 as soon as practicable, but before a notice is given of the body corporate’s annual general meeting that is the first to be called after the commencement.

226   Continuation of approved forms [SM, s 228]

(1)This section applies if—

(a)a form was approved by the chief executive for use for a previous provision before the commencement; and

(b)the form was in force immediately before the commencement; and

(c)there is a corresponding provision to the previous provision.

(2)The form continues to have effect for this regulation until the end of 31 October 2008 and must be read with necessary changes.

227   Continuation of previous ss 158 and 160 [SM, s 229]

Previous sections 158 and 160 continue to apply as if this regulation had not been made and the repealed regulation continued in force.

228   Continuation and modification of previous transitional provision for Audit Legislation Amendment Act 2006 [SM, s 230]

(1)This section applies if—

(a)before 15 March 2006, 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 ended before 15 March 2006 and the person has not performed the audit;

(ii)the financial year ended on, or within 12 months after, 15 March 2006.

(2)For the purpose of the person performing the audit, pre-amended section 106 continues to apply as if the Audit Legislation Amendment Act 2006 and this regulation had not been made and the repealed regulation continued in force.

(3)In this section—

pre-amended section 106 means previous section 106 as in force before 15 March 2006.

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.

authorised action or document, for chapter 11, part 2, see section 208.

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—

•an annual payment for parking under an exclusive use by-law

•an amount owing to the body corporate for lawnmowing services arranged by the body corporate on behalf of the lot owner

candidate, for election as a member of a committee, see section 19.

chapter 3, part 5 engagement means an engagement of a body corporate manager under chapter 3, part 5 to carry out the functions of a committee and its executive members.

commencement, for chapter 11, part 2, see section 208.

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).

Note—

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.

corporate owner nominee, for a lot included in a community titles scheme whose owner is a corporate owner, means the nominee of the corporate owner for representing the corporate owner on the body corporate.

corresponding provision, for chapter 11, part 2, see section 208.

date for payment see section 140(1)(c).

elected member, for chapter 3, part 2, division 2, subdivision 2, see section 29.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.

made, for chapter 11, part 2, see section 208.

minor improvement means an improvement with an installed value of $3,000 or less.

motion with alternatives see section 70(2)(a).

non-freehold land ...

non-recurrent, for expenditure, means not recurrent.

non-voting member, of the committee, see section 13(2).

number of layered lots, for a principal scheme in a layered arrangement of community titles schemes, means the total of—

(a)the number of lots (if any) in the principal scheme that are not a community titles scheme; and

(b)for each lot in the principal scheme that is a community titles scheme—the number of lots in the community titles scheme.

obligation, for chapter 11, part 2, see section 208.

occupation authority see section 134.

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.

previous, for chapter 11, part 2, in relation to a stated provision that includes a number, see section 208.

previous provision, for chapter 11, part 2, see section 208.

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.

protection, for chapter 11, part 2, see section 208.

reconciliation statement see section 147(2).

recurrent, for expenditure, means normally made annually or more frequently.

reinstatement insurance means insurance taken out under section 177 or 178.

relevant annual general meeting, for chapter 3, part 2, division 2, subdivision 2, see section 29.

relevant limit for committee spending, for a community titles scheme, means—

(a)the amount last set as the relevant limit for committee spending by ordinary resolution of the body corporate at a general meeting; or

(b)at any time there is no amount set, an amount worked out by multiplying $200 by—

(i)for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or

(ii)for another scheme—the number of lots included in the scheme.

relevant limit for major spending, for a community titles scheme, means—

(a)the amount last set as the relevant limit for major spending by ordinary resolution of the body corporate at a general meeting; or

(b)at any time there is no amount set, the lesser of the following amounts—

(i)an amount worked out by multiplying $1.100 by—

(A)for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or

(B)for another scheme—the number of lots included in the scheme;

(ii)$10,000.

relevant person, for chapter 6, part 6, see section 130.

repealed regulation, for chapter 11, part 2, see section 208.

requested extraordinary general meeting see section 65.

required number, of voting members for a committee, means at least 3, but not more than the following number of, voting members—

(a)if the community titles scheme includes 7 or more lots—7;

(b)if the scheme includes fewer than 7 lots—the number equalling the number of lots.

reserved issue means an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate.

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 194.

secret voting paper see section 69(2).

standard module means the Body Corporate and Community Management (Standard Module) Regulation 2008.

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 83.

unexpired term, for chapter 6, part 3, see section 113.

voluntary insurance scheme see section 183(2).

voter, for a general meeting of a body corporate, see section 81(1).

voting member, of the committee, means a member of the committee other than a non-voting member.