Body Corporate and Community Management (Commercial Module) Regulation 1997 (QLD)
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Queensland Body Corporate and Community Management Act 1997 Body Corporate and Community Management (Commercial Module) Regulation 1997 Reprinted as in force on 1 January 2008 Reprint No. 1F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 271 s 165
Information about this reprint This regulation is reprinted as at 1 January 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Body Corporate and Community Management (Commercial Module) Regulation 1997 Contents Part 1 1 2 3 4 5 6 Part 2 7 Part 3 Division 1 8 9 Division 2 10 Division 3 11 Division 4 12 13 Division 5 14 Division 5A 14A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Application of this regulation—Act, s 22 [SM, s 3] . . . . . . . . . . . . 9 Dictionary [SM, s 4] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 References [SM, s 5] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 References to standard module . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Community management statements Permitted inclusions—Act, s 57 [SM, s 6]. . . . . . . . . . . . . . . . . . . 12 Body corporate committee Preliminary Requirement for committee—Act, s 90 [SM, s 7] . . . . . . . . . . . . . 13 Purpose of pt 3 [SM, s 8] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Composition—Act, s 91 Composition of committee [SM, s 9]. . . . . . . . . . . . . . . . . . . . . . . 13 Eligibility—Act, s 91 Eligibility for committee membership [SM, s 10]. . . . . . . . . . . . . . 14 Choosing of committee—Act, s 91 When committee is chosen [SM, s 11] . . . . . . . . . . . . . . . . . . . . . 15 Election of committee [SM, s 12] . . . . . . . . . . . . . . . . . . . . . . . . . 16 Term of office of committee—Act, s 91 Term of office [SM, s 25]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Removing committee voting member for breaching code of conduct—Act, section 101B Notice for breach of code of conduct . . . . . . . . . . . . . . . . . . . . . . 17
14B Division 6 15 Division 7 16 17 18 19 20 21 Division 8 22 23 24 Division 9 25 26 Part 4 Division 1 27 Division 2 28 29 30 31 32 33 34 35 36 37 Division 3 38 39 2 Body Corporate and Community Management (Commercial Module) Regulation 1997 Removal of member at general meeting . . . . . . . . . . . . . . . . . . . Restricted issues Restricted issues for committee—Act, s 92 [SM, s 26] . . . . . . . . Administrative arrangements for committee meetings—Act, s 93 Who may call committee meetings [SM, s 27] . . . . . . . . . . . . . . . Notice of committee meetings [SM, s 28]. . . . . . . . . . . . . . . . . . . Place of committee meetings [SM, s 29] . . . . . . . . . . . . . . . . . . . Agenda for committee meetings [SM, s 30] . . . . . . . . . . . . . . . . . Chairing committee meetings [SM, s 31] . . . . . . . . . . . . . . . . . . . Quorum at committee meetings [SM, s 32] . . . . . . . . . . . . . . . . . Voting at committee meetings—Act, s 93 Voting at committee meetings [SM, s 33] . . . . . . . . . . . . . . . . . . . Conflict of interest [SM, s 34] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting outside committee meetings [SM, s 35]. . . . . . . . . . . . . . . General matters for committee meetings—Act, s 93 Minutes of committee meetings [SM, s 36] . . . . . . . . . . . . . . . . . Minutes and resolutions [SM, s 37] . . . . . . . . . . . . . . . . . . . . . . . General meetings Purpose of part Purpose of pt 4 [SM, s 38] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative arrangements for general meetings—Act, s 96 Types of general meetings [SM, s 39] . . . . . . . . . . . . . . . . . . . . . Who may call general meetings [SM, s 40] . . . . . . . . . . . . . . . . . Opportunity to submit agenda motions [SM, s 41] . . . . . . . . . . . . Notice of general meeting [SM, s 42] . . . . . . . . . . . . . . . . . . . . . . Time of general meetings [SM, s 43] . . . . . . . . . . . . . . . . . . . . . . Place of general meetings [SM, s 44]. . . . . . . . . . . . . . . . . . . . . . Agenda for general meeting [SM, s 45] . . . . . . . . . . . . . . . . . . . . Chairing general meetings [SM, s 46] . . . . . . . . . . . . . . . . . . . . . Power of person chairing meeting to rule motion out of order [SM, s 47] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum for general meetings [SM, s 48] . . . . . . . . . . . . . . . . . . . Voting at general meetings—Act, s 96 Meaning of voter for general meeting [SM, s 49] . . . . . . . . . . . . . Representation of body corporate [SM, s 50]. . . . . . . . . . . . . . . . 18 19 19 20 20 21 21 21 22 22 23 23 24 25 25 25 25 26 27 27 28 29 30 30 31 34
40 41 42 Division 4 43 44 45 Division 5 46 47 Division 6 48 49 Part 5 Division 1 50 Division 2 51 52 53 54 55 56 Division 3 57 58 59 60 61 Part 6 Division 1 62 3 Body Corporate and Community Management (Commercial Module) Regulation 1997 Exercise of vote at general meetings [SM, s 51] . . . . . . . . . . . . . Voting at general meeting [SM, s 52] . . . . . . . . . . . . . . . . . . . . . . Secretary to have available for inspection body corporate roll etc. [SM, s 55] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures at general meeting—Act, s 96 Amendment of motions at general meetings [SM, s 57]. . . . . . . . Amendment or revocation of resolution of general meeting [SM, s 58] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes of general meetings [SM, s 59] . . . . . . . . . . . . . . . . . . . . Other matters for general meetings—Act, s 96 Requirement for annual general meetings [SM, s 60] . . . . . . . . . Requirement for requested extraordinary general meeting [SM, s 61] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First annual general meeting—Act, s 96 First annual general meeting [SM, s 62]. . . . . . . . . . . . . . . . . . . . Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 63] . . . . . . . . . . . . . . . . . . Proxies Purpose of part Purpose of pt 5 [SM, s 64] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for committee members—Act, s 94 Purpose of div 2 [SM, s 65] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment [SM, s 66] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on appointment [SM, s 67] . . . . . . . . . . . . . . . . . . . . Form of proxy [SM, s 68] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions about proxy use [SM, s 69]. . . . . . . . . . . . . . . Offence [SM, s 70] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for body corporate members—Act, s 95 Purpose of div 3 [SM, s 71] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment [SM, s 72] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of proxy [SM, s 73] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of proxy [SM, s 74] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence [SM, s 76] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate managers, service contractors and letting agents Purpose of part Purpose of pt 6 [SM, s 77] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 35 35 36 36 36 36 37 37 39 40 40 41 41 41 42 42 42 43 43 43 44 44
Division 2 63 64 65 66 67 68 Division 3 69 Division 4 70 71 72 Division 5 73 Division 6 74 Part 7 Division 1 75 Division 2 76 Division 3 77 78 79 80 81 Division 4 82 83 Division 5 84 4 Body Corporate and Community Management (Commercial Module) Regulation 1997 Requirements for engagements and authorisations—Act, s 107 Form of engagement [SM, s 78]. . . . . . . . . . . . . . . . . . . . . . . . . . Form of authorisation [SM, s 79] . . . . . . . . . . . . . . . . . . . . . . . . . Term of engagement of body corporate manager [SM, s 80] . . . . Term of engagement of service contractor [SM, s 81] . . . . . . . . . Term of authorisation of letting agent [SM, s 82] . . . . . . . . . . . . . Commencement of term of engagement or authorisation [SM, s 83] ...................................... Authority for engagements and authorisations—Act, s 107 Authority to make engagement or give authorisation [SM, s 87] . Disclosure requirements—Act, s 107 Associate supplying goods or services [SM, s 88] . . . . . . . . . . . . Disclosure of associate contract [SM, s 89] . . . . . . . . . . . . . . . . . Disclosure of commission or other benefit [SM, s 90] . . . . . . . . . Occupation of common property—Act, s 107 Occupation of common property by service contractor or letting agent [SM, s 91] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of remuneration—Act, s 112 Review of remuneration under engagement of service contractor [SM, s 92] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial management Purpose of part Purpose of pt 7 [SM, s 93] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budgets—Act, s 113 Budgets [SM, s 94] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contributions levied by body corporate—Act, s 113 Contributions to be levied on owners [SM, s 95] . . . . . . . . . . . . . Notice of contribution payable [SM, s 96] . . . . . . . . . . . . . . . . . . . Discounts for timely payment [SM, s 97] . . . . . . . . . . . . . . . . . . . Penalties for late payment [SM, s 98] . . . . . . . . . . . . . . . . . . . . . . Payment and recovery of contributions [SM, s 99] . . . . . . . . . . . . Funds—Act, s 113 Administrative, sinking and promotion funds [SM, s 100]. . . . . . . Application of administrative, sinking and promotion funds [SM, s 101] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Borrowing—Act, s 113 Power to borrow [SM, s 102] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 45 46 46 46 46 47 47 48 49 50 52 52 53 55 56 57 57 58 59 60 61
Division 6 85 86 87 Part 8 Division 1 88 Division 2 89 90 91 92 93 94 Division 3 95 96 97 Division 4 98 Division 5 99 Division 6 100 Division 7 101 102 Division 8 103 5 Body Corporate and Community Management (Commercial Module) Regulation 1997 Accounts and audit—Act, s 113 Accounts [SM, s 105] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit [SM, s 106] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auditing qualifications and experience—Act, sch 6 [SM, s 107]. . Property management Purpose of part Purpose of pt 8 [SM, s 108] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common property Duties of body corporate about common property—Act, s 114 [SM, s 109] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mailbox—Act, s 115 [SM, s 110] . . . . . . . . . . . . . . . . . . . . . . . . . Disposal of interest in and leasing of common property—Act, s 116 [SM, s 111] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Easements over common property—Act, s 117 [SM, s 112] . . . . Improvements to common property by body corporate—Act, s 121 [SM, s 113] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements to common property by lot owner—Act, s 121 [SM, s 114] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate assets Duties of body corporate about body corporate assets—Act, s 114 [SM, s 115] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition of amenities for benefit of lot owners—Act, s 118 [SM, s 116] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with (including disposal of) body corporate assets—Act, ss 43, 119 [SM, s 117] . . . . . . . . . . . . . . . . . . . . . . Agreement with another body corporate Sharing facilities [SM, s 118] . . . . . . . . . . . . . . . . . . . . . . . . . . . . Services for and obligations of owners and occupiers Supply of services by body corporate—Act, s 120 [SM, s 119] . . Condition of lot Obligations of owners and occupiers—Act, s 122 [SM, s 120]. . . Power to act for owners and occupiers Body corporate may carry out work required of owners and occupiers—Act, s 123 [SM, s 121] . . . . . . . . . . . . . . . . . . . . . . . . Body corporate’s power to take action to remedy defective building work—Act, s 124 [SM, s 122] . . . . . . . . . . . . . . . . . . . . . Exclusive use by-laws Conditions and obligations under exclusive use by-law—Act, s 136 [SM, s 123] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 62 63 64 64 65 66 67 68 68 69 69 70 70 71 72 73 73 74
104 105 Division 9 106 107 108 109 110 111 112 113 114 115 116 117 Part 9 Division 1 118 Division 2 119 Division 3 120 121 122 Division 4 123 124 125 126 127 Division 5 128 129 130 6 Body Corporate and Community Management (Commercial Module) Regulation 1997 Improvements—Act, s 136 [SM, s 124] . . . . . . . . . . . . . . . . . . . . Recovery of amount owed—Act, s 136 [SM, s 125] . . . . . . . . . . . Insurance—Act, s 147 Definitions for div 9 [SM, s 126] . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance of common property and body corporate assets [SM, s 127] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance of building including lots [SM, s 128] . . . . . . . . . . . . . . Insurance for buildings with common walls [SM, s 129] . . . . . . . . Premium [SM, s 130] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements affecting premium [SM, s 131] . . . . . . . . . . . . . . . Use affecting premium [SM, s 132] . . . . . . . . . . . . . . . . . . . . . . . Excess [SM, s 133]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance for buildings with no common walls [SM, s 134] . . . . . Combined policy of insurance [SM, s 135] . . . . . . . . . . . . . . . . . . Public risk insurance [SM, s 136] . . . . . . . . . . . . . . . . . . . . . . . . . Use of insurance money [SM, s 137] . . . . . . . . . . . . . . . . . . . . . . Administrative matters Purpose of part Purpose of pt 9 [SM, s 138] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate’s seal—Act, s 35 Body corporate’s seal [SM, s 139] . . . . . . . . . . . . . . . . . . . . . . . . Notices—Act, s 158 Notices for roll [SM, s 140] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address for service [SM, s 141] . . . . . . . . . . . . . . . . . . . . . . . . . . Change of address [SM, s 142] . . . . . . . . . . . . . . . . . . . . . . . . . . Rolls and registers—Act, s 161 Roll of lots and entitlements [SM, s 143] . . . . . . . . . . . . . . . . . . . Register of assets [SM, s 144] . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of engagements and authorisations [SM, s 145] . . . . . . Register of authorisations affecting the common property [SM, s 146] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of allocations under exclusive use by-law [SM, s 147] . . Documents and information Definitions for div 5 [SM, s 148] . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping and disposal of records—Act, s 161 [SM, s 149] . . . . . . Access to records—Act, s 161 [SM, s 150] . . . . . . . . . . . . . . . . . 74 74 75 75 76 78 79 79 80 80 81 82 82 83 84 84 84 86 87 87 88 89 90 91 92 93 95
7 Body Corporate and Community Management (Commercial Module) Regulation 1997 131 Part 10 132 133 134 Part 11 135 Schedule Fee for information given to interested persons—Act, s 205 [SM, s 151] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Voting other than at general meeting—Act, s 101A . . . . . . . . . . . Return of body corporate property—Act, s 268 [SM, s 152] . . . . Documents in custody of body corporate manager—Act, s 268 [SM, s 153] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for Audit Legislation Amendment Act 2006 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 96 96 97 97 99 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 101 102 102 103 104
s1 9 s3 Body Corporate and Community Management (Commercial Module) Regulation 1997 Body Corporate and Community Management (Commercial Module) Regulation 1997 [as amended by all amendments that commenced on or before 1 January 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Body Corporate and Community Management (Commercial Module) Regulation 1997 . 2 Commencement This regulation commences on 22 December 1997. 3 Application of this regulation—Act, s 22 [SM, s 3] (1) This regulation is a regulation module for the Act. (2) For this regulation to apply to a community titles scheme— (a) the lots included in the scheme must be predominantly commercial lots; or (b) both of the following must apply for the scheme— (i) the lots included in the scheme are not predominantly commercial lots; 1 (ii) when the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identifying this regulation as the regulation module applying to the scheme was 1 For example, although the lots were offered for sale as commercial lots, the buyers might have chosen not to use them as commercial lots.
s 3 10 s 3 Body Corporate and Community Management (Commercial Module) Regulation 1997 recorded, the lots included in the scheme were intended to be predominantly commercial 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 commercial lots; (ii) when the lots included in the scheme last stopped being predominantly commercial 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 commercial lots, each community management statement (if any) recorded for the scheme has identified this regulation as the regulation module applying to the scheme. 2 (3) In this section— accommodation lot means a lot that is either or both of the following— (a) the subject of a lease or letting for accommodation for long or short term residential purposes, or immediately available to be the subject of a lease or letting for accommodation for long or short term residential purposes; (b) part of a hotel. commercial lot means a lot that— (a) is used for commercial (including retail) or industrial purposes; and 2 Accordingly, and having regard also to section 21 (Meaning of regulation module ) of the Act, this regulation is the regulation module that applies to a community titles scheme if— (a) the community management statement for the scheme states that this regulation applies to it; and (b) the circumstances mentioned in paragraphs (a), (b) or (c) exist for the scheme.
s 4 11 s 5 Body Corporate and Community Management (Commercial Module) Regulation 1997 (b) is not an accommodation lot or residential lot. 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. residential lot means a lot used for residential purposes, whether or not the lot is also an accommodation lot. 4 Dictionary [SM, s 4] (1) The dictionary in the schedule defines particular words used in this regulation. 3 (2) Definitions found elsewhere in this regulation are signposted in the dictionary. 5 References [SM, s 5] In a provision of this regulation about a community titles scheme, a reference to— (a) the committee, is a reference to the committee for the 3 In some regulations, definitions are contained in a dictionary that appears as the last schedule and forms part of the regulation—see Acts Interpretation Act 1954 , section 14(5). Words defined elsewhere in the regulation are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the regulation and tell the reader where the definitions can be found. For example, the definition ‘ requested extraordinary general meeting see section 47’, tells the reader there is a definition of requested extraordinary general meeting in section 47.
s 6 12 s 7 Body Corporate and Community Management (Commercial Module) Regulation 1997 body corporate for the scheme; and (b) the chairperson, is a reference to the chairperson of the body corporate for the scheme; and (c) the secretary, is a reference to the secretary of the body corporate for the scheme; and (d) the treasurer, is a reference to the treasurer of the body corporate for the scheme. 4 6 References to standard module (1) The information included in square brackets after a section heading is a reference to a comparable section of the standard module. (2) The brackets and information do not form part of this regulation. Part 2 Community management statements 7 Permitted inclusions—Act, s 57 [SM, s 6] A community management statement for a community titles scheme 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) provision for a fund to be used to promote the community titles scheme. 4 See also section 8 (References) of the Act.
s 8 13 s 10 Body Corporate and Community Management(Commercial Module) Regulation 1997 Part 3 Body corporate committee Division 1 Preliminary 8 Requirement for committee—Act, s 90 [SM, s 7] There must be a committee for the body corporate for a community titles scheme. 9 Purpose of pt 3 [SM, s 8] The purpose of this part is to provide for the composition of the committee for the body corporate for a community titles scheme, the choosing of members of the committee and meetings of the committee. Division 2 Composition—Act, s 91 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. (2) The one person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (3) The committee must consist of at least 3, but not more than 7, persons. 5 (4) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been 5 However, if there are less than 3 owners of the lots, the committee may consist of 1 or 2 individuals (see section 12 (When committee is chosen)).
s 11 14 s 11 Body Corporate and Community Management (Commercial Module) Regulation 1997 delegated the powers of any or all of the executive members of the committee. Division 3 Eligibility—Act, s 91 11 Eligibility for committee membership [SM, s 10] (1) A person is eligible to be a member of the committee if the person is an individual and is also— (a) a member of the body corporate; 6 or (b) a person nominated for membership of the committee by a member of the body corporate. (2) However, a person who is otherwise eligible under subsection (1) to be a member of the committee is not eligible to be a member of the committee if the person is— (a) a body corporate manager; or (b) an associate of a body corporate manager. (3) Despite subsection (2), a person who under subsection (1) is eligible to be a member of the committee, but who is a body corporate manager, is a member of the committee if the person is chosen as the secretary, treasurer, or secretary and treasurer. (4) A person who under subsection (3) is a member is a non-voting member of the committee. 6 Under section 31 (Membership of body corporate for community titles scheme) of the Act, the members of the body corporate are the owners of all lots included in the scheme. The members could include the bodies corporate for other community titles schemes that are lots included in the scheme as subsidiary schemes. If the body corporate for a subsidiary scheme decided to nominate a person for the committee of the scheme in which the subsidiary scheme is included as a lot, it could nominate its subsidiary scheme representative, or another individual.
s 12 15 s 12 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 4 Choosing of committee—Act, s 91 12 When committee is chosen [SM, s 11] (1) The choosing of the members of the committee must happen at each annual general meeting of the body corporate. (2) Subsection (1) does not apply for an annual general meeting if, when the annual general meeting is held— (a) there are only 2 lots included in the scheme, and the 2 lots are in identical ownership; or (b) there are only 2 lots included in the scheme, and the 2 lots are in different ownership; or (c) there are 3 or more lots included in the scheme, and all of the lots are in identical ownership; or (d) there are 3 or more lots included in the scheme, and there are only 2 different owners for all the lots. (3) If subsection (2)(a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (4) If subsection (2)(b) or (d) applies, the committee consists of 2 individuals who are owners, or the nominees of owners, of lots, and they must decide between themselves who are to hold the positions of the executive members of the committee (and, if they cannot agree, the positions of the executive members are jointly held by both of them). (5) If, under subsection (3), at the first annual general meeting of the body corporate the committee formed at the meeting consists of only 1 individual, the committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. (6) This division applies to an extraordinary general meeting mentioned in subsection (5) as if the extraordinary general meeting was the next annual general meeting after the first annual general meeting.
s 13 16 s 14 Body Corporate and Community Management (Commercial Module) Regulation 1997 13 Election of committee [SM, s 12] (1) The members of the committee must be chosen by election. (2) The election must be conducted in the way decided by the body corporate by special resolution. (3) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (4) For subsection (3), it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (5) A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme. Division 5 Term of office of committee—Act, s 91 14 Term of office [SM, s 25] (1) The term of office of a member of the committee continues until another person is chosen for the position. (2) However, a member’s position becomes vacant if the member— (a) dies; or (b) becomes ineligible to hold the position; or (c) resigns by written notice given to the chairperson or secretary; or (d) is absent from 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.
s 14A 17 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 14A (3) The committee must (even though the number of its members may have fallen below a quorum) appoint a person who is eligible to be a member of the committee to fill a vacancy in the position of an executive or ordinary member of the committee, or call a general meeting of the body corporate to fill the vacancy. (4) An order an adjudicator may make under the dispute resolution provisions includes, if the body corporate ceases to have a properly formed committee— (a) authorising a person named in the order to call a general meeting of the body corporate to choose members for the committee; and (b) prescribing the notice to be given of the general meeting; and (c) giving other directions necessary for, or incidental to, holding the general meeting or reforming the committee. Division 5A Removing committee voting member for breaching code of conduct—Act, section 101B 14A Notice for breach of code of conduct (1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days
s 14B 18 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 14B 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. 14B Removal of member at general meeting (1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 14A(1); and (b) the period mentioned in section 14A(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 14A(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. (3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a).
s 15 19 s 16 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 6 Restricted issues 15 Restricted issues for committee—Act, s 92 [SM, s 26] A decision is a decision on a restricted issue for the committee if it is a decision— (a) to change rights, privileges or obligations of the owners of lots included in the scheme; or (b) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or (c) that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or (d) to bring a proceeding in a court, 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. Division 7 Administrative arrangements for committee meetings—Act, s 93 16 Who may call committee meetings [SM, s 27] (1) A meeting of the committee may be called by— (a) the secretary or, in the secretary’s absence, the chairperson; or (b) in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (2) The secretary or, in the secretary’s absence, the chairperson, must call a meeting if asked, in writing, to call the meeting by
s 17 20 s 18 Body Corporate and Community Management (Commercial Module) Regulation 1997 enough members of the committee to form a quorum 7 at a meeting of the committee. (3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call it. (4) 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. 17 Notice of committee meetings [SM, s 28] (1) Unless the committee otherwise decides, a meeting is called by giving written notice of at least 7 days to all other committee members of when and where the meeting is to be held. (2) Also, advice of the proposed meeting must be given individually to each lot owner who has— (a) instructed the secretary that the lot owner wishes to be given advice of committee meetings; and (b) has not withdrawn the instruction. (3) The advice mentioned in subsection (2)— (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 given in a way that ensures its delivery to the lot owner’s address for service at least 24 hours before the meeting is to be held. 18 Place of committee meetings [SM, s 29] (1) The first meeting of the committee after the committee is formed must be held where the person calling the meeting decides. 7 Section 21 (Quorum at committee meetings)
s 19 21 s 21 Body Corporate and Community Management (Commercial Module) Regulation 1997 (2) Subject to subsection (1), a committee meeting must be held where the committee decides. 19 Agenda for committee meetings [SM, s 30] (1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (2) However, the committee may also consider other issues raised at the meeting. 20 Chairing committee meetings [SM, s 31] (1) The chairperson must chair all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent from a meeting, the member chosen by the members present (with the member’s agreement) must chair the meeting. 21 Quorum at committee meetings [SM, s 32] (1) At a meeting of the committee a quorum is at least half the number of voting members of the committee. Examples of subsection (1) — 1 If there are 6 voting members of the committee, a quorum is 3. 2 If there are 7 voting members of the committee, a quorum is 4. (2) For deciding whether there is a quorum— (a) a voting member who is present— (i) is counted as 1; or (ii) if the voting member also has the proxies of 1 or more absent voting members—is counted as 2; and (b) a non-voting member who is present is not counted, whether or not the non-voting member also has the proxy of an absent voting member.
s 22 22 s 23 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 8 Voting at committee meetings—Act, s 93 22 Voting at committee meetings [SM, s 33] (1) At a meeting of the committee— (a) a question is decided by a majority of votes of the voting members present (either in person or by proxy) and voting; and (b) each voting member has 1 vote on each question to be decided. (2) Without limiting subsection (1), if a quorum is present, a decision supported by a majority of the votes of the voting members present is a decision of the committee. (3) To avoid doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer. 23 Conflict of interest [SM, s 34] (1) A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue. (2) A member required under subsection (1) to disclose an issue must not, if the member is a voting member, vote on the issue. (3) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue. (4) A proxy holder required under subsection (3) to disclose an issue must not vote as the proxy on the issue.
s 24 23 s 25 Body Corporate and Community Management (Commercial Module) Regulation 1997 (5) A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (2) not to vote on the issue. (6) A proxy holder required under subsection (5) to disclose an issue must not vote as the proxy on the issue. 24 Voting outside committee meetings [SM, s 35] (1) A resolution on a motion before the committee is a valid resolution of the committee, even though the motion is not passed at a meeting of the committee called and conducted under division 7, if— (a) notice of the motion is given to all committee members or, in an emergency, as many members as it is practicable to contact; and (b) a majority of all voting members of the committee agrees to the motion. (2) The notice must be given in writing, and the members’ agreement to the motion must be given in writing but, in an emergency, the notice may be given, and the member’s agreement expressed, orally or by another appropriate form of communication. (3) For the operation of section 23(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. Division 9 General matters for committee meetings—Act, s 93 25 Minutes of committee meetings [SM, s 36] The committee must ensure— (a) full and accurate minutes of its meetings are taken; and
s 26 24 s 26 Body Corporate and Community Management (Commercial Module) Regulation 1997 (b) a full and accurate record is kept of each motion voted on other than at a meeting. 26 Minutes and resolutions [SM, s 37] (1) A copy of all minutes of the committee's meetings, and a copy of each resolution of the committee not included in the minutes, must be given individually to each lot owner who has— (a) instructed the secretary that the lot owner wishes to be given copies of minutes and resolutions; and (b) has not withdrawn the instruction. (2) A copy required to be given under subsection (1) must be given within 21 days after— (a) for a copy of minutes—the holding of the meeting to which the minutes relate; or (b) for a copy of a resolution not included in the minutes—the passing of the resolution. (3) If there is a body corporate manager, and powers of the committee have been delegated to the manager, a reference in this section to a resolution of the committee extends to a decision of the manager made under the delegated powers, other than a decision to pay an account— (a) of a routine, administrative nature; or (b) on the basis of an authorisation given by the body corporate in a general meeting.
s 27 25 s 30 Body Corporate and Community Management(Commercial Module) Regulation 1997 Part 4 General meetings Division 1 Purpose of part 27 Purpose of pt 4 [SM, s 38] The purpose of this part is to prescribe matters about general meetings of the body corporate for a community titles scheme. Division 2 Administrative arrangements for general meetings—Act, s 96 28 Types of general meetings [SM, s 39] (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. 29 Who may call general meetings [SM, s 40] A general meeting may be called by— (a) the secretary; or (b) another member of the committee authorised by the committee to call the meeting; or (c) a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions. 30 Opportunity to submit agenda motions [SM, s 41] (1) A member of the body corporate may at any time submit a motion for consideration at a general meeting of the body corporate and, if a motion is submitted, including in response to an invitation under subsection (3), it must, subject to
s 31 26 s 31 Body Corporate and Community Management (Commercial Module) Regulation 1997 subsection (2), be included on the next general meeting agenda on which it is practicable to include the motion. (2) A motion 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. (3) If 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. 31 Notice of general meeting [SM, s 42] (1) Written notice of a general meeting must be given to the owner of each lot included in the 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 lot owner may advise the body corporate of the corporate owner nominee; and (c) unless the body corporate has decided by ordinary resolution that this paragraph need not be complied with—be accompanied by a voting paper— (i) stating each motion to be considered at the meeting and, if the motion is not proposed by the committee, stating the name and lot number of the person proposing the motion; and
s 32 27 s 33 Body Corporate and Community Management (Commercial Module) Regulation 1997 (ii) stating for each motion whether a resolution without dissent, special resolution or ordinary resolution is required; and (iii) enabling a person who is a voter for the general meeting to record a written vote on each motion to be considered at the meeting; and (d) contain or be accompanied by explanatory or other materials required under this regulation to be contained in or to accompany the notice. 8 (4) If all the lots have identical ownership, no notice of a general meeting need be given. 32 Time of general meetings [SM, s 43] A general meeting must be held at least 21 days after notice of the meeting is given to lot owners. 9 33 Place of general meetings [SM, s 44] (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. 8 Materials that could be required to be contained in or accompany the notice of the general meeting include— • explanatory notes to a motion (section 34 (Agenda for general meeting)) • budgets (section 76 (Budgets)) • statement of accounts (section 85 (Accounts)) • auditor’s certificate (section 86 (Audit)) 9 Section 47 (Requirement for requested extraordinary general meeting) provides for the timing of a requested extraordinary general meeting.
s 34 28 s 34 Body Corporate and Community Management (Commercial Module) Regulation 1997 34 Agenda for general meeting [SM, s 45] (1) The committee must prepare an agenda for each general meeting. (2) The agenda must include— (a) if the notice for the proposed general meeting was accompanied by a voting paper—the substance of the following motions— (i) motions the committee proposes for consideration at the meeting; (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 30 10 by a member of the body corporate and required to be included on the agenda; (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and (b) if the notice for the proposed general meeting was not accompanied by a voting paper—the motions mentioned in paragraph (a); and (c) if the general meeting is the first annual general meeting for the scheme—the business required to be considered at the first annual general meeting. (3) If the general meeting is an annual general meeting (other than the first annual general meeting), the agenda must also— (a) provide for the presentation of the accounts for the financial year; and 10 Section 30 (Opportunity to submit agenda motions)
s 35 29 s 35 Body Corporate and Community Management (Commercial Module) Regulation 1997 (b) provide for the appointment of an auditor of the body corporate’s accounts for the next financial year or for a special resolution that the accounts are not to be audited; and (c) provide for the approval of a budget for the financial year; and (d) provide for fixing the contributions to be paid by the owners of lots for the financial year; and (e) include other things that are, under the Act, required to be included on the agenda for the annual general meeting. (4) If the lot owner seeking the inclusion of a motion under subsection (2)(a)(iii) supplies an explanatory note about the motion, and the note is not longer than 100 words, the note must accompany the agenda. 35 Chairing general meetings [SM, s 46] (1) The chairperson must chair all general meetings at which the chairperson is present. (2) A person elected (with the person’s consent) by the persons present and having the right to vote at a general meeting must chair the meeting if— (a) the chairperson is absent from the meeting; or (b) a chairperson has not been chosen; or (c) there is a vacancy in the office of chairperson. (3) A body corporate manager to whom powers of the chairperson have been delegated— (a) may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1); but (b) must not chair the meeting unless the body corporate manager— (i) is elected under subsection (2); or
s 36 30 s 37 Body Corporate and Community Management (Commercial Module) Regulation 1997 (ii) is the only person forming a quorum at an adjourned meeting. 36 Power of person chairing meeting to rule motion out of order [SM, s 47] (1) The person chairing a general meeting of the body corporate must rule a motion out of order if— (a) the motion, if carried, would conflict with the Act, this regulation or the by-laws, or would be unlawful or unenforceable for another reason; or (b) except for a procedural motion for the conduct of the meeting, or a motion to correct minutes—the motion, or the substance of the motion, was not included in the agenda for the meeting. (2) The person chairing the meeting must give reasons for ruling a motion out of order and the reasons must be recorded in the minutes of the meeting. (3) The persons present and entitled to vote may reverse a ruling given under subsection (1)(a) by passing an ordinary resolution disagreeing with the ruling. 37 Quorum for general meetings [SM, s 48] (1) A voter is taken to be present at a general meeting if the voter is present at the meeting personally, by proxy, or by written voting paper. (2) A quorum at a general meeting is at least 25% of the number of voters for the meeting, except that— (a) if the number of voters for the meeting is 3 or more, 2 individuals must be present personally; and (b) if the number of voters for the meeting is less than 3, there is a quorum if at least 1 individual is present personally. (3) If there is not a quorum within 30 minutes of the time scheduled to start the meeting, the meeting must be adjourned
s 38 31 s 38 Body Corporate and Community Management (Commercial Module) Regulation 1997 to be held at the same place, on the same day and at the same time, in the next week. (4) If at the adjourned meeting a quorum is again not present within 30 minutes of the time scheduled to start the adjourned meeting, the persons present (whether personally or otherwise) form a quorum if— (a) the chairperson is present personally; or (b) the chairperson is not present personally, but a body corporate manager, with the delegated powers of the chairperson, is present personally. (5) Despite subsection (3), if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all lot owners are advised personally or in writing of the new location before the adjourned meeting is to start. (6) For this section, 2 or more co-owners of a lot are counted as 1 voter. Division 3 Voting at general meetings—Act, s 96 38 Meaning of voter for general meeting [SM, s 49] (1) A voter for a general meeting of the body corporate is an individual— (a) whose name is entered on the body corporate’s roll as— (i) the owner of a lot; 11 or (ii) the representative of the owner of a lot; or (b) who is the nominee of a corporation the name of which is entered on the body corporate’s roll as the representative of the owner of a lot; or (c) who is a corporate owner nominee; or 11 It should be noted that owner includes by definition a mortgagee in possession of a lot (see schedule 6 (Dictionary) of the Act). A mortgagee in possession may displace the right of the owner of the fee simple to vote (see subsection (10)).
s 38 32 s 38 Body Corporate and Community Management (Commercial Module) Regulation 1997 (d) who is a subsidiary scheme representative. (2) For subsection (1)(a)(ii) and (b), a person is the representative of the owner of a lot if the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf. (3) However, a person may be treated as the owner’s representative only if the person— (a) gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and (b) advises the secretary of the person’s residential or business address, and address for service (if different from the residential or business address given). (4) For subsection (1)(b), a person is taken to be the nominee of a corporation only if the corporation gives the secretary written notice of nomination, stating the name of the nominee or the names of 2 nominees, 1 of whom is to act in the absence of the other. (5) The notice of nomination mentioned in subsection (4) must— (a) be given— (i) under the common or official seal of the corporation; or (ii) by a person acting under the authority of a power of attorney from the corporation, a copy of which power of attorney is also given to the secretary; and (b) advise the residential or business address, and address for service (if different from the residential or business address given), of each nominee. (6) A corporation may change a nomination mentioned in subsection (4) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (5), stating the name and address of the new nominee or the new alternative nominees. (7) For subsection (1)(c), a person is taken to be a corporate owner nominee only if the corporate owner gives the secretary
s 38 33 s 38 Body Corporate and Community Management (Commercial Module) Regulation 1997 written notice of nomination, stating the name of the nominee or the names of 2 nominees, 1 of whom is to act in the absence of the other. (8) The notice of nomination mentioned in subsection (7) must— (a) be given— (i) under the common or official seal of the corporate owner; or (ii) by a person acting under the authority of a power of attorney from the corporate owner, a copy of which power of attorney is also given to the secretary; and (b) advise the residential or business address and address for service (if different from the residential or business address given), of each nominee. (9) The corporate owner may change a nomination mentioned in subsection (7) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (8), stating the name and address of the new nominee or the new alternative nominees. (10) If a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right of the person entitled to the fee simple interest in the lot or a person who derives a right to vote from the person entitled to the fee simple interest in the lot. (11) A person does not have the right to exercise a vote for a particular lot on a motion (other than a motion for which a resolution without dissent is required), or for choosing a member of the committee, if the owner of the lot has not paid to the body corporate— (a) a contribution, or an instalment of a contribution, owing by the owner to the body corporate, if the contribution or instalment is owing at the time of the meeting; or (b) a penalty for not paying a contribution or instalment of a contribution by the date for payment, if the penalty is owing at the time of the meeting; or
s 39 34 s 40 Body Corporate and Community Management (Commercial Module) Regulation 1997 (c) any other amount owing to the body corporate, other than an amount owing under a legal relationship between the body corporate and the owner not associated with ownership of the lot. 39 Representation of body corporate [SM, s 50] (1) This section applies if the scheme ( scheme B ) is a lot included in another community titles scheme ( scheme A ). (2) The body corporate for scheme B must ensure that at all times there is a person (the subsidiary scheme representative ) appointed by the committee for scheme B’s body corporate to represent the body corporate for scheme B on scheme A’s body corporate. (3) The subsidiary scheme representative must be a member of the committee mentioned in subsection (2), and, if the committee does not appoint the representative, is the chairperson of the body corporate for scheme B. (4) The first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate. (5) The appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A. (6) The subsidiary scheme representative must represent scheme B’s body corporate— (a) in the way scheme B’s body corporate directs; and (b) subject to paragraph (a), in a way that is in the best interests of scheme B. (7) The subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate. 40 Exercise of vote at general meetings [SM, s 51] (1) A voter for a general meeting may vote on a motion personally, by proxy or by casting a written vote.
s 41 35 s 42 Body Corporate and Community Management (Commercial Module) Regulation 1997 (2) A written vote is cast by completing the voting papers as required by the accompanying instructions and giving them to the secretary (personally, by post or by facsimile) before the start of the meeting. (3) A written vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s written vote cannot be withdrawn by a person voting as the proxy of the owner. 41 Voting at general meeting [SM, s 52] (1) Voting at a general meeting must be done in the way provided in this section unless the body corporate decides by special resolution that voting is to be done in another way. (2) Voting by persons present at a general meeting must be by show of hands, or by giving completed voting papers to the person chairing the meeting not later than the start of the meeting, unless— (a) a ballot is required by the Act, this regulation or the by-laws; or (b) the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes. (3) If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot. (4) No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot. 42 Secretary to have available for inspection body corporate roll etc. [SM, s 55] The secretary must have available for inspection by voters for the general meeting— (a) the body corporate’s roll; and (b) a list of the persons who have the right to vote at the meeting; and (c) all proxy forms and voting papers.
s 43 36 s 46 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 4 Procedures at general meeting—Act, s 96 43 Amendment of motions at general meetings [SM, s 57] (1) A motion may be amended at a general meeting by the persons present, and having the right to vote, at the meeting. (2) However, an amendment cannot be made that changes the subject matter of the motion. (3) In counting the votes cast for and against a motion to amend a motion, or an amended motion, all persons who are not present personally or by proxy at the meeting, but would, if present, have the right to vote, must be taken to have voted against the motion. 44 Amendment or revocation of resolution of general meeting [SM, s 58] If a resolution without dissent, special resolution or ordinary resolution is required for a particular purpose, a resolution passed for the purpose may only be amended or revoked by a resolution of the required type. 45 Minutes of general meetings [SM, s 59] (1) The body corporate must ensure that full and accurate minutes are taken of each general meeting. (2) A copy of the minutes of a general meeting must be given to each lot owner as soon as practicable after the meeting. Division 5 Other matters for general meetings—Act, s 96 46 Requirement for annual general meetings [SM, s 60] 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 scheme’s financial years.
s 47 37 s 48 Body Corporate and Community Management (Commercial Module) Regulation 1997 47 Requirement for requested extraordinary general meeting [SM, s 61] (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 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 must be called and held within 6 weeks after the notice asking for the meeting 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. Division 6 First annual general meeting—Act, s 96 48 First annual general meeting [SM, s 62] (1) The original owner must call and hold the first annual general meeting of the body corporate as required by this section. Maximum penalty—150 penalty units. (2) The meeting must be called for and held within 1 month after the first of the following to happen— (a) more than 50% of the lots included in the scheme are no longer in the ownership of the original owner; (b) 6 months elapse after the establishment of the scheme.
s 48 38 s 48 Body Corporate and Community Management (Commercial Module) Regulation 1997 (3) The agenda for the meeting must include the following items— (a) adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year; (b) reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance; (c) choosing the members of the committee; (d) providing for the custody and use of the body corporate’s seal; (e) deciding what issues are reserved for decision by ordinary resolution; 12 (f) deciding whether the by-laws should be amended or repealed; (g) appointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor; (h) if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting. (4) If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time. (5) The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator. 12 See section 15(b) (Restricted issues for committee—Act, s 92).
s 49 39 s 49 Body Corporate and Community Management (Commercial Module) Regulation 1997 49 Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 63] (1) At the first annual general meeting, the original owner must give the following to the body corporate— (a) a register of assets containing an inventory of all body corporate assets; (b) all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land (as built) showing water pipes, electric wiring, drainage, ventilation ducts, airconditioning systems and other utility infrastructure; (c) all policies of insurance taken out by the original owner for the body corporate; (d) documents in the original owner’s possession or control relevant to the scheme, including, for example, the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement or letting agent authorisation, correspondence and tender documentation; (e) the body corporate’s seal; (f) documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, not including certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner (other than an owner who is the original owner) of a lot, but including— (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and (ii) certificates of classification for buildings and fire safety certificates; (g) a budget showing the body corporate’s estimated spending for the first financial year;
s 50 40 s 51 Body Corporate and Community Management (Commercial Module) Regulation 1997 (h) a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, which must include an estimate for the repainting of common property and of buildings that are body corporate assets. Maximum penalty—150 penalty units. (2) If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must hand them over to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty for subsection (2)—20 penalty units. Part 5 Proxies Division 1 Purpose of part 50 Purpose of pt 5 [SM, s 64] The purpose of this part is to prescribe matters about the appointment and use of proxies for meetings of the committee for the body corporate for a community titles scheme, and for meetings of the body corporate. Division 2 Proxies for committee members—Act, s 94 51 Purpose of div 2 [SM, s 65] The purpose of this division is to prescribe matters about the appointment and use of proxies to represent committee members at a meeting of the committee.
s 52 41 s 54 Body Corporate and Community Management (Commercial Module) Regulation 1997 52 Appointment [SM, s 66] (1) A member of the committee may appoint a proxy to act for the member at a meeting of the committee. (2) The appointment of a proxy is effective only if a properly completed proxy form is given personally, by post or by facsimile to the secretary before— (a) the start of the committee meeting at which the proxy is to be exercised; or (b) if the body corporate or the committee has fixed an earlier time by which proxies must be given (which cannot, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time. (3) Unless it sooner expires under its own terms, a proxy under this division ceases to have effect immediately before the next annual general meeting of the body corporate held after the proxy is given. 53 Restrictions on appointment [SM, s 67] (1) A person appointed a proxy must be another committee member, or a person who is eligible to be an ordinary member of the committee. (2) However— (a) the secretary or the treasurer may appoint a proxy only with the committee’s approval; and (b) a body corporate manager may not be appointed the proxy of a member of the committee. 54 Form of proxy [SM, s 68] A proxy under this division— (a) must be in the approved form; and (b) must be in the English language; and (c) must be in a document separate from a contract; and (d) cannot be irrevocable; and
s 55 42 s 57 Body Corporate and Community Management (Commercial Module) Regulation 1997 (e) cannot be transferred by the holder of the proxy to a third person; and (f) must appoint a named individual. 55 Special provisions about proxy use [SM, s 69] (1) A committee member ( member A ) who is the proxy for another member ( member B ) may, in the absence of member B, vote both in member A’s own right and also as proxy of member B. (2) A proxy must not be exercised at a meeting of the committee— (a) if the committee member who gave the proxy is personally present at the meeting; or (b) for a particular motion—if the person who gave the proxy has exercised a written vote on the motion. (3) A committee member cannot be prevented by contract from exercising a vote at a committee meeting, and cannot be required by contract to make someone else the member’s proxy for voting at a committee meeting. 56 Offence [SM, s 70] A person must not exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it. Maximum penalty—100 penalty units. Division 3 Proxies for body corporate members—Act, s 95 57 Purpose of div 3 [SM, s 71] The purpose of this division is to prescribe matters about the appointment and use of a proxy to represent a member of the body corporate at a general meeting of the body corporate.
s 58 43 s 60 Body Corporate and Community Management (Commercial Module) Regulation 1997 58 Appointment [SM, s 72] (1) A voter for the general meeting may appoint a proxy to act for the person at the general meeting. (2) The appointment of a proxy is effective only if a properly completed proxy form is given personally, by post or by facsimile, to the secretary before— (a) the start of the meeting at which the proxy is to be exercised; or (b) if the body corporate has fixed an earlier time by which proxies must be given (which cannot, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time. 59 Form of proxy [SM, s 73] (1) A proxy under this division— (a) must be in the approved form; and (b) must be in the English language; and (c) cannot be irrevocable; and (d) cannot be transferred by the holder of the proxy to a third person; and (e) may be given by any person who has the right to vote at a general meeting; and (f) subject to the limitations contained in this division, may be given to any individual; and (g) must appoint a named individual. (2) A proxy, other than a proxy exercised by the original owner, must be in a document separate from a contract. 60 Use of proxy [SM, s 74] (1) A body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy of member B.
s 61 44 s 62 Body Corporate and Community Management (Commercial Module) Regulation 1997 (2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect. (3) A vote by proxy must not be exercised at a general meeting— (a) if the member who gave the proxy is personally present at the meeting, unless the member consents at the meeting; or (b) on a particular motion, if the person who gave the proxy has exercised a written vote on the motion. 61 Offence [SM, s 76] A person must not exercise a proxy, or otherwise purport to vote on behalf of another person, at a general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person. Maximum penalty—100 penalty units. Part 6 Body corporate managers, service contractors and letting agents Division 1 Purpose of part 62 Purpose of pt 6 [SM, s 77] The purpose of this part is to prescribe matters about the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for a community titles scheme, including matters about rights and obligations of the body corporate.
s 63 45 s 64 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 2 Requirements for engagements and authorisations—Act, s 107 63 Form of engagement [SM, s 78] (1) The engagement of a person as a body corporate manager or service contractor is void if the engagement does not comply with the requirements stated in subsection (2). (2) The engagement must— (a) be in writing; and (b) state the term of the engagement (including when the term begins and when it ends); and (c) state the functions the body corporate manager or service contractor is required or authorised to carry out; and (d) state the basis on which payment for the body corporate manager’s or service contractor’s services is to be worked out. Examples of paragraph (d) — 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot. 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings. (3) The engagement must not be in the form of a by-law. 64 Form of authorisation [SM, s 79] (1) The authorisation of a person as a letting agent is void if the authorisation does not comply with the requirements stated in subsection (2). (2) The authorisation must— (a) be in writing; and (b) state the term of the authorisation (including when the term begins and when it ends).
s 65 46 s 68 Body Corporate and Community Management (Commercial Module) Regulation 1997 65 Term of engagement of body corporate manager [SM, s 80] (1) The term of the engagement of a person as a body corporate manager (after allowing for any rights or options of extension or renewal) must not be longer than 3 years. (2) If the term purports to be longer than 3 years, it is taken to be 3 years. 66 Term of engagement of service contractor [SM, s 81] (1) The term of the engagement of a person as a service contractor (after allowing for any rights or options of extension or renewal) must not be longer than 25 years. (2) If the term purports to be longer than 25 years, it is taken to be 25 years. 67 Term of authorisation of letting agent [SM, s 82] (1) The term of the authorisation of a person as a letting agent (after allowing for any rights or options of extension or renewal) must not be longer than 25 years. (2) If the term purports to be longer than 25 years, it is taken to be 25 years. 68 Commencement of term of engagement or authorisation [SM, s 83] (1) This section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent. (2) The resolution is of no effect if the term of the engagement or authorisation does not start within 12 months after the passing of the resolution.
s 69 47 s 70 Body Corporate and Community Management(Commercial Module) Regulation 1997 Division 3 Authority for engagements and authorisations—Act, s 107 69 Authority to make engagement or give authorisation [SM, s 87] (1) The body corporate may engage a person as a body corporate manager or service contractor, or authorise a person as a letting agent, only if— (a) the engagement or authorisation is approved by ordinary resolution of the body corporate; and (b) the terms of the engagement or authorisation are included in the material forwarded to members of the body corporate for the general meeting that considers the motion to approve the engagement or authorisation. (2) If subsection (1) is not complied with, the engagement or authorisation is void. (3) A body corporate may agree to the amendment of an engagement or authorisation mentioned in subsection (1) only if the amendment is approved by ordinary resolution of the body corporate. (4) If subsection (3) is not complied with, the amendment of the engagement or authorisation is void. Division 4 Disclosure requirements—Act, s 107 70 Associate supplying goods or services [SM, s 88] (1) This section applies if— (a) the body corporate is considering entering into, or proposes to enter into, a contract; and (b) the contract is for the supply of goods or services from a person (the provider ); and (c) the provider is an associate of a relevant person; and
s 71 48 s 71 Body Corporate and Community Management (Commercial Module) Regulation 1997 (d) the relevant person is aware of the matters mentioned in paragraphs (a) to (c). (2) Before the body corporate makes its decision to enter into the contract, the relevant person must give written notice to the body corporate disclosing the relationship between the relevant person and the provider. (3) If the relevant person does not comply with subsection (2), the body corporate may terminate— (a) if the relevant person is a body corporate manager—the body corporate manager’s engagement as a body corporate manager; or (b) if the relevant person is a service contractor—the service contractor’s engagement as a service contractor. (4) In this section— relevant person means— (a) a body corporate manager; or (b) a service contractor who is also a letting agent. 71 Disclosure of associate contract [SM, s 89] (1) This section applies if the following circumstances exist— (a) the body corporate is a party to a contract; (b) the contract is for the supply of goods or services from a person (the provider ); (c) the provider is the associate of a relevant person; (d) the relevant person is aware of the matters mentioned in paragraphs (a), (b) and (c); (e) to the knowledge of the relevant person, the body corporate has never been informed, or otherwise become aware, that the provider is the associate of the relevant person. (2) The relevant person must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate—
s 72 49 s 72 Body Corporate and Community Management (Commercial Module) Regulation 1997 (a) identifying the contract; and (b) disclosing the relationship between the relevant person and the provider. (3) If the relevant person does not comply with subsection (2), the body corporate may terminate— (a) if the relevant person is a body corporate manager—the body corporate manager’s engagement as a body corporate manager; or (b) if the relevant person is a service contractor—the service contractor’s engagement as a service contractor. (4) In this section— relevant person means— (a) a body corporate manager; or (b) a service contractor who is also a letting agent. 72 Disclosure of commission or other benefit [SM, s 90] (1) This section applies if— (a) the body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and (b) the main contract is for the supply of goods or services from a person (the provider ); and (c) under the main contract, or under another contract or arrangement, a body corporate manager is entitled to receive, other than from the body corporate, a commission, payment or other benefit that is associated with the main contract, including with entering into the main contract. (2) Before the body corporate makes its decision to enter into the main contract, the body corporate manager must give written notice to the body corporate disclosing the commission, payment or other benefit.
s 73 50 s 73 Body Corporate and Community Management (Commercial Module) Regulation 1997 (3) If the body corporate manager fails to comply with subsection (2), the body corporate may terminate the body corporate manager’s engagement as a body corporate manager. Division 5 Occupation of common property—Act, s 107 73 Occupation of common property by service contractor or letting agent [SM, s 91] (1) The body corporate may, by ordinary resolution, give a person (a property occupier ) who is a service contractor or letting agent an authority (an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable— (a) if the property occupier is a service contractor—the property occupier to perform obligations under the property occupier’s engagement as a service contractor; or (b) if the property occupier is a letting agent—the property occupier to operate as a letting agent. Example — The body corporate might authorise a letting agent to occupy a particular part of the common property as a reception area, or a caretaker to occupy a shed on the common property for storage of tools and garden implements. (2) The body corporate may include in the terms of the engagement of a person (also a property occupier ) as a service contractor, authority (also an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to perform obligations under the property occupier’s engagement as a service contractor. (3) The body corporate may include in the terms of the authorisation of a person (also a property occupier ) as a letting agent, authority (also an occupation authority ) to occupy a particular part of the common property for particular
s 126 90 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 126 (d) for an engagement of a person as a body corporate manager—the powers that have been delegated to the contractor. (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). 126 Register of authorisations affecting the common property [SM, s 146] (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. 24 (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 scheme to 24 See section 73 (Occupation of common property by service contractor or letting agent).
s 127 91 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 127 make an improvement to common property for the benefit of the owner’s lot. 25 (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. 127 Register of allocations under exclusive use by-law [SM, s 147] (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 26 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 favour of which the allocation was made. 25 See section 94 (Improvements to common property by lot owner—Act, s 159). 26 Chapter 3 (Management of community titles schemes), part 5 (By-laws), division 2 (Exclusive use by-laws) of the Act
s 128 92 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 128 Division 5 Documents and information 128 Definitions for div 5 [SM, s 148] In this division— associated committee meeting material means the following material related to meetings of the committee— (a) notices of meeting, including agendas and attachments; (b) committee member proxy appointment documents; (c) notices by members to call a meeting; (d) notices for resolutions to be passed other than at a meeting, and the responses of committee members; (e) notices of resolutions either sent to owners or exhibited on the noticeboard, if the notices are given other than in the minutes of the relevant committee meetings; (f) notices of opposition to committee resolutions; (g) notice of resignation by committee members. 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, election ballot-papers, 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) for motions and election ballots; (h) voting tally-sheets or other records showing votes for motions and election ballots;
s 129 93 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 129 (i) notices of objection by lot owners to meeting locations; (j) copies of instruments, notices and powers of attorney given to the secretary under section 38. 27 129 Keeping and disposal of records—Act, s 161 [SM, s 149] (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 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 it 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 it 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. 27 Section 38 (Meaning of voter for general meeting)
s 129 94 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 129 (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. (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; (b) correspondence of no significance or continuing interest. (5) Despite subsection (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.
s 130 95 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 131 130 Access to records—Act, s 161 [SM, s 150] (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) Also, the body corporate must, if asked by an adjudicator, allow the adjudicator access (without payment of a fee) to the body corporate’s records within 24 hours after the request is made. Maximum penalty—20 penalty units. (3) 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. 131 Fee for information given to interested persons—Act, s 205 [SM, s 151] (1) For section 205(2) 28 of the Act— (a) the prescribed fee for inspection of the body corporate’s records is— (i) if the person inspecting the records is a lot owner—$11.40; or (ii) if the person inspecting the records is not a lot owner—$22.70; and (b) the prescribed fee for obtaining a copy of a record kept by the body corporate is 50c 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 $44.60, plus a priority fee of $16.80 if the certificate is required within 24 hours, plus a fee of $11.20 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. 28 Section 205 (Information to be given to interested persons) of the Act
s 132 96 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 133 Part 10 Miscellaneous 132 Voting other than at general meeting—Act, s 101A Section 101A of the Act applies to a community titles scheme to which this regulation applies. 29 133 Return of body corporate property—Act, s 268 [SM, s 152] (1) This section applies if— (a) a person has possession or control of a body corporate asset for a community titles scheme (other than a body corporate asset in the lawful possession or control of the person under a body corporate manager or service contractor engagement); and (b) the person took possession or control of the body corporate asset 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; and (c) the person is served with a notice of a resolution of the committee requiring the person to deliver the body corporate asset to a committee member named in the notice within 7 days after the person is served with the notice. (2) The person must comply with the notice. Maximum penalty for subsection (2)—20 penalty units. 29 Section 101A (Voting other than at general meeting) of the Act applies to a community titles scheme only if the regulation module applying to the scheme says it applies. Section 101A was renumbered as section 111 under the BodyCorporateandCommunity Management Act 1997 , section 269A.
s 134 97 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 135 134 Documents in custody of body corporate manager—Act, s 268 [SM, s 153] (1) This section applies if— (a) a person (the person ) engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and (b) the person holds the document in photographic or electronic image form; and (c) the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end. (2) The body corporate may— (a) accept custody of the document in photographic or electronic image form; or (b) require the person to reproduce, and give to the body corporate, the document in paper form. (3) The person must, at the person’s cost, comply with a requirement of the body corporate under subsection (2)(b). Maximum penalty for subsection (3)—20 penalty units. Part 11 Transitional provisions 135 Transitional provision for Audit Legislation AmendmentAct 2006 (1) This section applies if— (a) before the commencement, a body corporate appointed a person with qualifications and experience in accountancy mentioned in pre-amended section 87, to audit its statement of accounts for a financial year; and (b) either of the following apply—
s 135 98 Body Corporate and Community Management(Commercial Module) Regulation 1997 s 135 (i) the financial year has ended before the commencement and the person has not performed the audit; (ii) the financial year ends on, or within 12 months after, the commencement. (2) For the purpose of the person performing the audit, pre-amended section 87 continues to apply as if the AuditLegislation Amendment Act 2006 had not commenced. (3) In this section— commencement means commencement of this section. pre-amended , in relation to section 87, means the section as in force before the commencement.
99 Body Corporate and Community Management (Commercial Module) Regulation 1997 Schedule Dictionary section 4 address for service , of a person in relation to a community titles scheme, means the person’s address for service as most recently advised to the body corporate under this regulation. 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). 30 corporate owner nominee , for a lot included in a community titles scheme for which the owner is a corporate owner, means the nominee of the corporate owner for representing the corporate owner on the body corporate. date for payment see section 78(1)(c). non-freehold land see the Land Act 1994 , schedule 6. 31 non-voting member , of the committee for the body corporate for a community titles scheme, see section 11(4). 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. recurrent , for expenditure, means normally made annually or more frequently. 30 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. 31 Land Act 1994 , schedule 6— non-freehold land means all land that is not freehold land.
100 Body Corporate and Community Management (Commercial Module) Regulation 1997 Schedule (continued) reinstatement insurance means insurance taken out under section 108 or 109. requested extraordinary general meeting see section 47. roll , of a body corporate, means the roll prepared and kept by the body corporate under section 123. standard module means the Body Corporate and CommunityManagement (Standard Module) Regulation 1997 . subsidiary scheme representative see section 39. voluntary insurance scheme see section 114. voter , for a general meeting of a body corporate, see section 38. voting member , of the committee for the body corporate for a community titles scheme, means a member of the committee other than a non-voting member.
101 Body Corporate and Community Management (Commercial Module) Regulation 1997 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2008. Future amendments of the Body Corporate and Community Management (Commercial Module) Regulation 1997 may be made in accordance with this reprint under the ReprintsAct 1992, section 49.
102 Body Corporate and Community Management (Commercial Module) Regulation 1997 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 22 December 1997 Reprint date 5 January 1998 Reprint No. 1A 1B 1C 1D 1E 1F Amendments included 2004 SL No. 103 2005 SL No. 135 2006 Act No. 9 2006 SL No. 162 2007 SL No. 148 2007 SL No. 328 Effective 1 July 2004 1 July 2005 15 March 2006 1 July 2006 1 July 2007 1 January 2008 Notes
103 Body Corporate and Community Management (Commercial Module) Regulation 1997 5 List of legislation Body Corporate and Community Management (Commercial Module) Regulation 1997 SL No. 480 made by the Governor in Council on 18 December 1997 notfd gaz 19 December 1997 pp 1770–77 ss 1–2 commenced on date of notification remaining provisions commenced 22 December 1997 (see s 2) exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573-81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Audit Legislation Amendment Act 2006 No. 9 pt 1, s 53 sch date of assent 15 March 2006 commenced on date of assent Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2006 SL No. 162 ss 1–2, 3 sch notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Body Corporate and Community Management and Other Legislation AmendmentRegulation (No. 1) 2007 SL No. 148 pts 1, 3 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Plumbing and Drainage and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 328 pts 1, 5 notfd gaz 14 December 2007 pp 2131–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2008 (see s 2)
104 Body Corporate and Community Management (Commercial Module) Regulation 1997 6 List of annotations Division 5A—Removing committee voting member for breaching code of conduct—Act, section 101B div 5A (ss 14A–14B) ins 2007 SL No. 148 s 8 Auditing qualifications and experience—Act, sch 6 [SM, s 107] s 87 sub 2006 Act No. 9 s 53 sch Duties of body corporate about common property—Act, s 114 [SM, s 109] s 89 amd 2007 SL No. 328 s 21 Fee for information given to interested persons—Act, s 205 [SM, s 151] s 131 sub 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch amd 2007 SL No. 148 s 9 PART 11—TRANSITIONAL PROVISIONS pt 11 (s 135) ins 2006 Act No. 9 s 53 sch © State of Queensland 2008
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