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

Body Corporate and Community Management (Commercial Module) Regulation 2008

Chapter 1    Preliminary

1   Short title

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

2   Commencement

This regulation commences on 30 August 2008.

3   Application of this regulation—Act, s 21 [SM, s 3]

(1)This regulation is a regulation module for the Act.

(2)For this regulation to apply to a community titles scheme—

(a)the lots included in the scheme must be predominantly 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;

Example for subparagraph (i)—

Although the lots were offered for sale as commercial lots, the buyers chose not to use them as commercial lots.

(ii)when the first community management statement (which could be the community management statement recorded for the scheme on its establishment) identifying this regulation as the regulation module applying to the scheme was recorded, the lots included in the scheme were intended to be predominantly 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.

(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

(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]

The dictionary in the schedule defines particular words used in this regulation.

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

In a provision of this regulation about a community titles scheme—

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

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

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

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

Note—

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

•scheme land

•body corporate

•common property

•body corporate assets

•community management statement

•original owner

•by-laws

•body corporate manager, service contractor or letting agent.

6   References to standard module

(1)The information included in square brackets after a section heading is a reference to a comparable section of the standard module.

(2)The brackets and information do not form part of this regulation.

Chapter 2    Community management statements

7   Permitted inclusions—Act, s 66 [SM, s 6]

A community management statement 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;

(d)if the scheme is the principal scheme in a layered arrangement of community titles schemes, or in a scheme intended to be developed progressively—arrangements or proposed arrangements with subsidiary schemes for the use, by the subsidiary schemes, of the common property or body corporate assets for the principal scheme.

Example of paragraph (d)—

The principal scheme might allow a subsidiary scheme to allocate car parks situated on the common property for the principal scheme.

Chapter 3    Committee for body corporate

Part 1    Preliminary

8   Requirement for committee—Act, s 98 [SM, s 7]

There must be a committee for the body corporate for a community titles scheme.

9   Purpose of ch 3 [SM, s 8]

The purposes of this chapter are—

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

(i)the composition of the committee;

(ii)the choosing of members of the committee;

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

(iv)the meetings of the committee; and

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

Part 2    Committee membership

Division 1 Composition of committee—Act, section 99

10   Composition of committee [SM, s 9]

(1)The committee consists of—

(a)the persons chosen to be the executive members of the committee, including an executive member who is a non-voting member 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)Subject to subsection (4), the committee must consist of the required number of voting members for the committee.

(4)Subsection (3) does not apply to a committee mentioned in section 12(3) or (4).

(5)There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under the Act, section 119 to exercise some or all of the powers of an executive member of the committee.

11   Eligibility to be a voting member [SM, s 10]

(1)A person is eligible to be a voting member of the committee if the person is an individual and is also—

(a)a member of the body corporate; 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 voting member of the committee is ineligible to be a voting member of the committee if the person is—

(a)the body corporate manager; or

(b)an associate of the body corporate manager; or

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

(3)Despite subsection (2), a person who under subsection (1) is eligible to be a voting 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 member of the body corporate may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary.

(5)A person who is a member under subsection (3) is a non-voting member of the committee.

Division 2 Choosing of committee—Act, section 99

Subdivision 1 Choosing of committee at annual general meeting

12   When committee is chosen [SM, s 13]

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

(2)Subsection (1) does not apply for an annual general meeting if, when the annual general meeting is held—

(a)there are only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or

(b)there are only 2 lots included in the scheme, and the 2 lots are in different ownership; or

(c)there are 3 or more lots included in the scheme, and all of the lots are in identical ownership; or

(d)there are 3 or more lots included in the scheme, and there are only 2 different owners for all the lots.

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

13   When committee may be chosen if previous committee was formed under s 12(3) [SM, s 14]

(1)If, when the first annual general meeting of the body corporate is held, the committee is formed under section 12(3), a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.

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

14   Election of committee [SM, s 15]

(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 community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme.

(4)For subsection (3), it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.

(5)A way decided by the body corporate under subsection (2) must be fair and reasonable in the circumstances of the scheme.

Subdivision 2 Term of office of committee members

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

(1)The term of office of a member of the committee continues until another person is chosen for the position.

(2)However, a member’s position becomes vacant if the member—

(a)dies; or

(b)becomes ineligible to hold the position; or

(c)resigns by written notice given to the chairperson or secretary; or

(d)is not present personally or by proxy at 2 consecutive meetings of the committee without the committee’s leave; or

(e)is convicted (whether or not a conviction is recorded) of an indictable offence; or

(f)is removed from office by ordinary resolution of the body corporate.

(3)For subsection (2)(b), without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member—

(a)was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or

(b)was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or

(c)was elected as a voting member and is engaged as the body corporate manager.

(4)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.

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

(1)If a body corporate believes a voting member of the body corporate’s committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following—

(a)that the body corporate believes the member has breached a stated provision of the code of conduct;

(b)details sufficient to identify the breach in not more than 600 words;

(c)that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;

(d)that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;

(e)that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.

(2)If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate.

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

(1)This section applies if—

(a)a body corporate gives a voting member of the body corporate’s committee a notice under section 16(1); and

(b)the period mentioned in section 16(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 16(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).

Part 3    Restricted issues—Act, section 100

18   Restricted issues for committee [SM, s 42]

(1)A decision is a decision on a restricted issue for the committee if it is a decision—

(a)to change rights, privileges or obligations of the owners of lots included in the community titles scheme; or

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

Note—

Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 157 (Register of reserved issues).

(c)that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or

(d)to start a proceeding, other than—

(i)a proceeding to recover a liquidated debt against the owner of a lot; or

(ii)a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or

(iii)a proceeding for an offence under chapter 3, part 5, division 4 of the Act; or

(iv)a prescribed chapter 6 proceeding.

(2)In this section—

prescribed chapter 6 proceeding—

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

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

18A   Exception to restricted issues for committee—public health directions [SM, s 43A]

(1)Despite section 18(1)(a), a decision to change rights, privileges or obligations of the owners of lots included in the community titles scheme is not a decision on a restricted issue for the committee if—

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

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

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

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

(ii)the COVID-19 legislation expiry day.

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

(3)In this section—

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

Part 4    Committee meetings—Act, section 101

Division 1 Administrative arrangements for committee meetings

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

(1)A meeting of the committee may be called by—

(a)the secretary or, in the secretary’s absence, the chairperson; or

(b)in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.

(2)The secretary or, in the secretary’s absence, the chairperson must call a meeting if asked, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee.

Note—

See section 24 (Quorum at committee meetings).

(3)The meeting must be held within 21 days after the secretary or chairperson receives the request to call it.

(4)If the meeting is not held within the 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.

(5)The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson is given at the address for service of the body corporate, and no reply is received within 7 days.

20   Notice of committee meetings [SM, s 45]

(1)A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held.

(2)The notice must be given—

(a)at least 7 days before the meeting; or

(b)at least 2 days before the meeting, if all voting members of the committee vote at a meeting of the committee in favour of, or agree in writing to, the reduced notice period for future committee meetings.

(3)Also, advice of the proposed meeting—

(a)if the body corporate maintains a noticeboard—must be placed on the noticeboard; and

(b)must be given individually to each owner of a lot who—

(i)has instructed the secretary that the owner wishes to be given advice of committee meetings; and

(ii)has not withdrawn the instruction.

(4)The advice mentioned in subsection (3)—

(a)must state when and where the meeting is to be held; and

(b)must be accompanied by the agenda for the meeting; and

(c)must be placed on the noticeboard and delivered to the residential or business address of an owner of a lot when notice of the meeting is given to committee members.

21   Place of committee meetings [SM, s 46]

(1)The first meeting of the committee after the committee is formed must be held where the person calling the meeting decides.

(2)Subject to subsection (1), a committee meeting must be held where the committee decides.

22   Agenda for committee meetings [SM, s 47]

(1)The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting.

(2)However, the committee may also consider other issues raised at the meeting.

(3)The agenda must include the substance of the following motions—

(a)if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting;

(b)if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution.

(4)In this section—

relevant day means—

(a)the day of the preceding meeting of the committee; or

(b)if there has not been a previous meeting of the committee—the day the committee was formed.

Division 2 Chair, quorum and attendance for committee meetings

23   Chairing committee meetings [SM, s 48]

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

(2)If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting.

24   Quorum at committee meetings [SM, s 49]

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

Examples—

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

2If there are 7 voting members of the committee, a quorum is 4.

(2)For deciding whether there is a quorum, a voting member who is present—

(a)is counted as 1; or

(b)if the member has the proxy of an absent voting member—is counted as 2.

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

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

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

(a)an owner of a lot who complies with subsection (2); or

(b)another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting personally or by proxy.

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

(3)A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item—

(a)a breach of the by-laws for the community titles scheme;

(b)starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee;

(c)a proceeding against the body corporate;

(d)a dispute between the body corporate and—

(i)the owner or occupier of a lot included in the scheme; or

(ii)a body corporate manager; or

(iii)a caretaking service contractor.

(4)Also, the person must not be present for—

(a)a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3); or

(b)a vote taken by the committee on the item of business.

(5)The person may—

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

(b)speak to the committee only if invited to speak by the committee.

(6)An invitation to speak to the committee may be revoked by the committee at any time.

(7)The committee may direct the person to leave the meeting if the person does not comply with subsection (5)(b).

(8)The person must comply with a direction given to the person under subsection (7).

Division 3 Voting at committee meetings

26   Voting at committee meetings [SM, s 52]

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

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

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

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

(5)To avoid any doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer.

(6)In this section—

present means present either in person or by proxy.

27   Conflict of interest [SM, s 53]

(1)A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue.

(2)If a member required under subsection (1) to disclose an interest in an issue is a voting member, the member is not entitled to vote on a motion involving the issue.

(3)A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue.

(4)A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.

(5)A person who holds the proxy of a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest.

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

28   Voting outside committee meetings [SM, s 54]

(1)A resolution on a motion before the committee is a valid resolution of the committee, even though the motion is not decided at a meeting of the committee called and conducted under this part, if—

(a)notice of the motion is given to all committee members or, in an emergency, as many members as it is practicable to contact; and

(b)a majority of all voting members of the committee entitled to vote on the motion agrees to the motion.

(2)The notice must be given in writing, and the members’ agreement to the motion must be given in writing but, in an emergency, the notice may be given, and the members’ agreement expressed, orally or by another appropriate form of communication.

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

(a)has instructed the secretary that the owner wishes to be given advice of committee meetings; and

(b)has not withdrawn the instruction.

(4)The notice and advice of the motion may be given by—

(a)the secretary; or

(b)another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice.

(5)For the operation of sections 27(1) and (2) and 29(2) to (4), the committee, in dealing with a resolution under this section, is taken to deal with the resolution at a meeting of the committee.

(6)A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.

Division 4 Minutes and other records of committee

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

(1)The committee must ensure—

(a)full and accurate minutes of its meetings are taken; and

(b)a full and accurate record is kept of each motion voted on other than at a meeting.

(2)The secretary must give a copy of the minutes of each meeting and a copy of the record of each motion voted on other than at a meeting to the following persons—

(a)each member of the committee;

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

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

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

(b)has not withdrawn the instruction.

(4)The copy must be given to the person—

(a)within 21 days after—

(i)for a copy of minutes of a meeting—the holding of the meeting; or

(ii)for a copy of a record of a motion voted on other than at a meeting—the deciding of the motion; and

(b)in 1 of the following ways—

(i)by handing it to the person;

(ii)by sending it by mail;

(iii)by sending it by facsimile;

(iv)by sending it electronically.

(5)In this section—

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

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

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

(c)details of proxies tabled;

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

(i)the words of the motion; and

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

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

(f)the time the meeting closed;

(g)details of the next scheduled meeting;

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

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

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

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

(c)the words of the motion voted on;

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

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

Chapter 4    Body corporate meetings—Act, section 104

Part 1    Purpose of chapter

30   Purpose of ch 4 [SM, s 63]

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

Part 2    Administrative arrangements for body corporate meetings

Division 1 General

31   Types of meetings [SM, s 64]

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

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

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

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

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

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

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

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

Note—

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

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

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

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

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

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

(3)A requested extraordinary general meeting—

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

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

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

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

(1)This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request) asking for the meeting is given under section 34.

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

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

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

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

(a)a member of the body corporate; or

(b)the committee.

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

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

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

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

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

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

37   Notice of general meeting [SM, s 70]

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

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

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

(a)contain an agenda for the meeting; and

(b)be accompanied by—

(i)a proxy form; and

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

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

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

(i)a secret voting paper as required under section 38;

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

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

(e)be accompanied by explanatory material required under section 40; and

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

Note—

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

•section 98 (Budgets)

•section 110 (Accounts)

•section 111 (Audit)

•section 133 (Disclosure of insurance details at annual general meeting)

•section 157 (Register of reserved issues).

38   Requirements for voting papers [SM, s 71]

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

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

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

(4)A voting paper must—

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

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

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

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

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

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

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

(5)The voting paper must state—

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

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

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

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

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

(i)the motion and alternatives as required under section 39;

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

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

39   Motion with alternatives [SM, s 72]

(1)This section applies if 2 or more motions (the original motions) proposing alternative ways of dealing with the same issue are submitted, under section 36, as motions for consideration at a general meeting of the body corporate.

Example—

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

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

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

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

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

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

(b)against the motion.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)the submitter’s name.

(3)The explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, or a promotion fund budget, include an explanatory note stating that, under section 99, the amount of a budget adopted at the meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.

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

(a)each motion (original motion), whose substance is stated as an alternative under the motion with alternatives, in the form in which it was submitted under section 36;

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

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

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

(ii)against the motion.

Example of an explanatory note for paragraph (c)—

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

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

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

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

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

Example—

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

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

41   Time of general meetings [SM, s 74]

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

Note—

Section 34 (Requirement for requested extraordinary general meeting) provides for the timing of a requested extraordinary general meeting.

42   Place of general meetings [SM, s 75]

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

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

43   Agenda for general meeting [SM, s 76]

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

(2)The agenda must include—

(a)the substance of the following motions—

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

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

(iii)a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda, other than a motion stated in the agenda as an alternative under a motion with alternatives;

(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;

(vi)any other motion required under this regulation to be included in the agenda for the meeting; and

(b)if the general meeting is the first annual general meeting for the community titles 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 include—

(a)the substance of each statutory motion to be considered at the meeting; and

(b)anything else required, under the Act, to be included on the agenda for the meeting.

Division 2 Special provisions for first annual general meeting

44   First annual general meeting [SM, s 77]

(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 2 months after the first of the following to happen—

(a)more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner;

(b)6 months elapse after the establishment of the scheme.

(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;

Note—

See section 18(1)(b) (Restricted issues for committee).

(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.

(6)Subject to section 45(4), this section does not apply to the body corporate of a community titles scheme to which section 45 applies.

45   First annual general meeting—scheme established by amalgamation [SM, s 78]

(1)This section applies to the body corporate of a community titles scheme (the new scheme) established by the amalgamation of 2 or more community titles schemes (the previous schemes) under chapter 2, part 10 of the Act.

(2)The first annual general meeting of the body corporate for the new scheme must be called, as required under this section, by—

(a)if, before the amalgamation, the bodies corporate for each of the previous schemes passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or

(b)if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.

(3)The meeting must be called and held within 3 months after the amalgamation takes effect.

(4)The agenda for the meeting must include the items mentioned in section 44(3).

(5)If a former secretary fails to comply with subsection (2), a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time.

(6)In this section—

former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.

46   Documents and materials to be handed over to body corporate at first annual general meeting [SM, s 79]

(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, electrical wiring, drainage, ventilation ducts, air conditioning systems and other utility infrastructure;

(c)all policies of insurance taken out by the original owner for the body corporate;

(d)an independent valuation for each building the body corporate must insure under chapter 8, part 9;

(e)documents in the original owner’s possession or control relevant to the community titles 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;

(f)the body corporate’s seal;

(g)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;

(h)administrative and sinking fund budgets and, if applicable, a promotion fund budget showing the body corporate’s estimated spending for the first financial year;

(i)a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years that 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—20 penalty units.

Part 3    Chair and quorum for body corporate meetings

47   Chairing general meetings [SM, s 80]

(1)The chairperson must chair all general meetings when 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 exercising the powers of the chairperson under an authorisation given by the body corporate under section 119 of the Act—

(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

(ii)is the only person forming a quorum at an adjourned meeting.

48   Power of person chairing meeting to rule motion out of order [SM, s 81]

(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—

(i)conflict with the Act, this regulation or the by-laws, or a motion already voted on at the meeting; or

(ii)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 substance of the motion was not included in the agenda for the meeting.

(2)The person chairing the meeting must, when ruling a motion out of order—

(a)give reasons for the ruling; and

(b)for a ruling given under subsection (1)(a)—state how the ruling may be reversed by the persons present and entitled to vote on the issue.

(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.

(4)The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.

49   Quorum for general meetings [SM, s 82]

(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 or electronic 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 voters must be present personally; and

(b)if the number of voters for the meeting is fewer than 3, there is a quorum if at least 1 voter 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 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, exercising the powers of the chairperson under an authorisation given by the body corporate, 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 owners of lots 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.

Part 4    Voting at general meetings

50   Meaning of voter for general meeting [SM, s 83]

(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; or

(ii)the representative of the owner of a lot; or

(b)who is the nominee of a corporation whose name 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

(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—

(a)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; or

(b)the person—

(i)is acting under the authority of a power of attorney given to the person by the owner of the lot; and

(ii)is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act; and

(iii)is not the body corporate manager, a service contractor or a letting agent.

(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).

(4)The owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary.

(5)For subsection (1)(b) or (c), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity) only if the nominating entity gives the secretary written notice of nomination, stating—

(a)the name of the nominee; or

(b)the names of 2 nominees, 1 of whom is to act in the absence of the other.

(6)The notice of nomination must—

(a)be given—

(i)under the seal of the nominating entity or in another way permitted under the Corporations Act, section 127; or

(ii)by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose 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), of each nominee.

(7)A nominating entity may change a nomination mentioned in subsection (5) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (6), stating the name and address of the new nominee or the new alternative nominees.

51   Displacement or disentitlement of right to vote [SM, s 84]

(1)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 to vote of—

(a)the registered owner of the lot; or

(b)a person who derives a right to vote from the registered owner.

(2)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 owes a body corporate debt in relation to the lot at the time of the meeting.

52   Representation of body corporate [SM, s 85]

(1)This section applies if the community titles 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 for scheme B’s body corporate, 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.

53   Exercise of vote at general meetings [SM, s 86]

(1)A voter for a general meeting may vote on a motion, other than a motion to be decided by secret ballot, in any of the following ways—

(a)personally;

(b)by proxy;

(c)by casting a written vote;

(d)if the body corporate has by ordinary resolution decided that voters for general meetings may record votes electronically for open motions—by casting an electronic vote.

(2)A voter casts a written vote by—

(a)completing the voting paper as required by the accompanying instructions; and

(b)giving the voting paper to the secretary (by hand, by post or by facsimile) before the start of the meeting.

(3)A voter casts an electronic vote by—

(a)completing and signing an electronic form of the voting paper; and

(b)sending the voting paper electronically to the secretary, in accordance with—

(i)any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically; and

(ii)the instructions accompanying the voting paper, to the extent the instructions are consistent with a requirement mentioned in subparagraph (i).

(4)A written or electronic 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 or electronic vote can not be withdrawn by a person voting as the proxy of the owner.

54   Voting at general meeting [SM, s 87]

(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 secretary or, if the secretary is not present, 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.

(5)A general meeting may pass a resolution on a motion only if the motion is—

(a)a motion—

(i)included as an item of business on the general meeting’s agenda; and

(ii)stated in a voting paper accompanying the notice of the meeting; or

(b)1 or more of the following—

(i)a procedural motion for the conduct of the meeting;

(ii)a motion to amend a motion;

(iii)a motion to correct minutes.

55   When motion must be decided by secret ballot [SM, s 88]

(1)A motion to be decided at a general meeting of the body corporate must be decided by secret ballot if—

(a)the motion is required under the Act or this regulation to be decided by secret ballot; or

Note—

See, for example—

•sections 79 (Authority to make engagement or give authorisation, or amend engagement or authorisation), 89 (Termination for conviction of particular offences etc.) and 90 (Termination for failure to comply with remedial action notice)

•sections 139 (Code contravention notice) and 140 (Requirement for transfer) of the Act.

(b)the committee has recommended that the motion be decided by secret ballot; or

(c)the body corporate has by ordinary resolution required that the motion be decided by secret ballot.

(2)However, a recommendation of the committee under subsection (1)(b), or a requirement of the body corporate under subsection (1)(c), has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots as required under section 37.

(3)For subsection (1)(c), a requirement of the body corporate—

(a)may apply to any of the following to be decided by the body corporate—

(i)a particular motion;

(ii)motions about a particular stated subject;

Example—

motions about improvements to common property

(iii)all motions; and

(b)for a motion mentioned in paragraph (a)(ii) or (iii)—applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting where the resolution is passed.

56   How secret ballot must be conducted [SM, s 89]

(1)A voter for a general meeting may vote on a motion decided by secret ballot—

(a)by casting a written vote as required under section 57(1); or

(b)if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—by casting an electronic vote as required under section 57(2).

(2)The body corporate may pass a resolution mentioned in subsection (1)(b) only if the body corporate operates a system for receiving electronic votes that—

(a)does not disclose a voter’s identity; and

(b)rejects a vote cast by a person who is not a voter for a general meeting.

(3)When a secret ballot is held—

(a)a voter who has not submitted a vote for the ballot may ask the secretary for a voting paper, secret voting paper envelope and particulars envelope or tab, and vote in the way section 57(1) provides; and

(b)a voter may withdraw a written vote already made for the ballot and submit a replacement vote if the vote already made can be readily identified and withdrawn.

(4)All completed written and electronic voting papers received before the votes are counted at the general meeting must be given to the returning officer and held in the returning officer’s custody until the votes have been counted.

(5)The returning officer must, for a written vote received for the ballot, do each of the following—

(a)confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the voting paper is the vote of a person who has the right to vote on the motion;

(b)take the secret voting paper envelope out of the particulars envelope, or detach the particulars tab from the secret voting paper envelope;

(c)for a vote on a motion required to be decided by special resolution—record, on the secret voting paper envelope, the contribution schedule lot entitlement of the lot for which the vote is cast;

(d)place the secret voting paper envelope in a receptacle in open view of the meeting;

(e)after paragraph (d) has been complied with for all secret voting paper envelopes, randomly mix the envelopes;

(f)take each secret voting paper out of its envelope;

(g)for a vote on a motion required to be decided by special resolution—record, on the voting paper, the contribution schedule lot entitlement of the lot for which the vote is cast;

(h)inspect and count the votes.

(6)The returning officer must, for each electronic voting paper received for the ballot—

(a)ensure the vote can be viewed by a person present at the meeting; and

(b)inspect and count the votes.

(7)After counting the votes, the returning officer must provide each of the following to the person chairing the meeting—

(a)the written voting papers, secret voting paper envelopes and particulars envelopes or particulars tabs;

(b)the number of electronic votes cast for and against the motion, and the number of abstentions from voting on the motion recorded electronically;

(c)the total number of votes cast for and against the motion;

(d)the total number of abstentions from voting on the motion;

(e)the number of votes rejected from the count;

(f)for each vote rejected—the reason for the rejection.

57   Conduct of secret ballot—voting [SM, s 90]

(1)To cast a written vote on a motion to be decided by secret ballot, a person must—

(a)place a mark on the voting paper indicating the person’s vote; and

(b)place the voting paper in the secret voting paper envelope supplied by the secretary and seal it; and

(c)if a separate particulars envelope is supplied—place the sealed secret voting paper envelope in the separate envelope and seal it; and

(d)complete the separate particulars envelope or particulars tab by signing and dating, and inserting the following information on, the envelope or tab—

(i)the number of the lot for which the vote is exercised;

(ii)the name of the owner of the lot;

(iii)the name of the person having the right to vote;

(iv)the basis for the person’s right to vote; and

(e)give the completed particulars envelope with the secret voting paper envelope enclosed, or the secret voting paper envelope with the completed particulars tab attached, to the returning officer, or forward the envelope to the returning officer so that the returning officer receives it before the votes are counted at the general meeting.

(2)To cast an electronic vote on a motion to be decided by secret ballot, a person must complete and sign an electronic form of the voting paper, and send it electronically to the returning officer so that the returning officer receives it before the votes are counted at the general meeting, in accordance with—

(a)any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically; and

(b)the instructions accompanying the voting paper, to the extent the instructions are consistent with a requirement mentioned in paragraph (a).

58   Appointment and functions of returning officer [SM, s 91]

(1)The body corporate must appoint a returning officer for each general meeting where a motion is to be decided by secret ballot.

(2)Also, the body corporate may appoint a returning officer for any other general meeting.

(3)The returning officer has all or any of the following functions as decided by the body corporate and stated in the returning officer’s instrument of appointment—

(a)deciding questions about eligibility to vote and voting entitlements;

(b)receiving secret voting papers;

(c)counting votes, or inspecting the counting of votes;

(d)deciding whether a vote is valid.

(4)The following persons are not eligible for appointment as a returning officer for a body corporate—

(a)the owner of a lot included in the community titles scheme;

(b)a person engaged as a body corporate manager or service contractor, or authorised as a letting agent;

(c)an associate of a person mentioned in paragraph (b).

59   Secretary to have available for inspection body corporate roll etc. [SM, s 92]

The secretary must have available for inspection by voters at 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.

60   Declaration of voting results on motions [SM, s 93]

(1)The person chairing a general meeting must declare the result of voting on motions at the meeting.

(2)When declaring the result of voting, the person chairing the meeting must state—

(a)the number of votes cast for the motion; and

(b)the number of votes cast against the motion; and

(c)the number of abstentions from voting on the motion.

(3)The numbers mentioned in subsection (2) must be recorded in the minutes of the general meeting.

(4)A voting tally sheet must be kept that includes—

(a)for each open motion decided at the meeting, each of the following—

(i)a list of the votes, identified by lot number, rejected from the count;

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

(iii)for each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion;

(iv)the number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and

(b)for each motion decided by secret ballot at the meeting, each of the following—

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

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

(iii)the number of votes cast for and against the motion, and the number of abstentions from voting on the motion.

(5)The voting tally sheet may be inspected at the meeting by any of the following persons—

(a)a voter, or a person holding a proxy from a voter;

(b)the returning officer, if any, appointed by the body corporate for the meeting;

(c)the person chairing the meeting.

Part 5    Other procedural matters for general meetings

61   Amendment of motions at general meetings [SM, s 94]

(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 can not 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, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—

(a)if the person has not cast a written or electronic vote on the motion—must not be counted as voting for or against the motion; or

(b)if the person has cast a written or electronic vote on the motion—must be counted as voting against the motion.

62   Amendment or revocation of resolutions passed at general meeting [SM, s 95]

(1)This section applies if a resolution of 1 of the following types is required to decide a matter—

(a)a resolution without dissent;

(b)a special resolution;

(c)a majority resolution;

(d)an ordinary resolution.

(2)Once it has been passed, the resolution may be amended or revoked only by a resolution of the same type.

63   Minutes of general meetings [SM, s 96]

(1)The body corporate must ensure full and accurate minutes are taken of each general meeting.

(2)A copy of the minutes must be given to each owner of a lot within 21 days after the meeting.

(3)In this section—

full and accurate minutes means minutes including each of the following—

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

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

(c)details of proxies tabled;

(d)the words of each motion voted on;

(e)for each motion voted on—

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

(ii)the number of abstentions from voting on the motion;

(f)the time the meeting closed;

(g)the secretary’s name and contact address;

(h)anything else required under this regulation to be included in the minutes.

64   Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 97]

(1)This section applies if a general meeting is called, under section 32, 34 or 35, by a person other than the secretary.

(2)The person who calls the meeting must perform all the functions of the secretary for the meeting.

(3)The secretary must provide to the person the records or other documents of the body corporate reasonably required to enable the person to perform the functions.

Chapter 5    Proxies

Part 1    Purpose of chapter

65   Purpose of ch 5 [SM, s 98]

The purpose of this chapter 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.

Part 2    Proxies for committee meetings—Act, section 102

66   Purpose of pt 2 [SM, s 99]

The purpose of this part is to prescribe matters about the appointment and use of proxies to represent committee members at a meeting of the committee.

67   Appointment [SM, s 100]

(1)A voting 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 the member or the holder of the proxy gives, by hand, by post or by facsimile, a properly completed proxy form to the secretary before—

(a)the start of the committee meeting where the proxy is to be exercised; or

(b)if the body corporate or the committee has fixed an earlier time at which proxies must be given (that can not, 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 part ceases to have effect immediately before the next annual general meeting of the body corporate held after the proxy is given.

68   Restrictions on appointment [SM, s 101]

(1)A person appointed a proxy must be another voting 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 person may be appointed the proxy of not more than 1 voting member of the committee for a meeting.

69   Form of proxy [SM, s 102]

A proxy under this part—

(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)can not be irrevocable; and

(e)can not be transferred by the holder of the proxy to a third person; and

(f)must appoint a named individual.

70   Use of proxy [SM, s 103]

(1)A voting member of the committee (member A) who is the proxy for another voting 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 voting member who gave the proxy is personally present at the meeting; or

(b)if the community titles scheme is the principal scheme in a layered arrangement of community titles schemes.

71   Special provisions about proxy use [SM, s 104]

In accordance with section 318 of the Act, a voting member can not be prevented by contract from exercising a vote at a committee meeting, and can not be required by contract to make someone else the member’s proxy for voting at a committee meeting.

72   Offence [SM, s 105]

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.

Part 3    Proxies for body corporate meetings—Act, section 103

73   Purpose of pt 3 [SM, s 106]

The purpose of this part 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.

74   Appointment [SM, s 107]

(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 the voter or the holder of the proxy gives, by hand, by post or by facsimile, a properly completed proxy form to the secretary before—

(a)the start of the meeting where the proxy is to be exercised; or

(b)if the body corporate has fixed an earlier time by which proxies must be given (that can not, however, be earlier than 24 hours before the time fixed for the meeting)—the earlier time.

75   Form of proxy [SM, s 108]

(1)A proxy under this part—

(a)must be in the approved form; and

(b)must be in the English language; and

(c)can not be irrevocable; and

(d)can not 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 part, 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.

76   Use of proxy [SM, s 109]

(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.

(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 or electronic vote on the motion; or

(c)for voting for a majority resolution; or

(d)on a motion approving—

(i)the engagement of a person as the body corporate manager or a service contractor, or the authorisation of a person as a letting agent; or

(ii)the amendment or termination of an engagement or authorisation mentioned in subparagraph (i); or

(e)on a motion decided by secret ballot; or

(f)if the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or

(g)in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.

(4)A proxy may be exercised by—

(a)the proxy holder voting in a show of hands at a general meeting; or

(b)the proxy holder completing a written or electronic vote on a motion before the start of, or at, the general meeting.

77   Offence [SM, s 111]

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.

Chapter 6    Body corporate managers, service contractors and letting agents—Act, section 122

Part 1    Preliminary

78   Purpose of ch 6 [SM, s 112]

The purpose of this chapter 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.

Part 2    Authority for engagements and authorisations

79   Authority to make engagement or give authorisation, or amend engagement or authorisation [SM, s 114]

(1)The body corporate may—

(a)engage a person as a body corporate manager or service contractor; or

(b)authorise a person as a letting agent; or

(c)agree to an amendment of an engagement or authorisation mentioned in paragraph (a) or (b).

(3)However, if the body corporate has not resolved how the seal is to be used, the seal may, if authorised by the committee, be attached to a document in the presence of at least 2 committee members, 1 of whom must be the chairperson or secretary.

(4)The committee members present must sign the document as witnesses to the sealing of the document.

Part 3    Notices—Act, section 201

149   Notices for roll [SM, s 193]

(1)This section applies to a lot included in the community titles scheme if 1 or more of the following events happens—

(a)a person becomes the owner of the lot by transfer, transmission, or in another way;

(b)a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;

(c)the owner of the lot engages a person to act for the owner in the letting or leasing of the lot;

(d)the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;

(e)the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;

(f)an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.

(2)The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 2 months after the event concerned happens or the person becomes aware of the happening of the event.

Maximum penalty—20 penalty units.

(3)The notice must—

(a)for an event mentioned in subsection (1)(a)—

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

(ii)advise the person’s name and residential or business address; and

(iii)unless the person’s address for service is the residential or business address given under subparagraph (ii)—advise the person’s address for service; and

(iv)give brief details about the way the person became the owner of the lot; and

(b)for an event mentioned in subsection (1)(b)—

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

(ii)for a lease or sublease—advise the name, residential or business address, and address for service (if different from the residential or business address given) of the lessee or sublessee, and must advise the term of the lease or sublease; and

(iii)for the transfer of a leasehold interest—advise the name, residential or business address, and address for service (if different from the residential or business address given) of the transferee; and

(iv)for the termination of a leasehold interest—advise when the interest was terminated; and

(c)for an event mentioned in subsection (1)(c)—

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

(ii)advise the name, residential or business address, and address for service (if different from the residential or business address given) of the person appointed; and

(d)for an event mentioned in subsection (1)(d)—

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

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

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

(i)be given by the registered mortgagee; and

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

150   Address for service [SM, s 194]

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

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

151   Change of address [SM, s 195]

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

Part 4    Rolls and registers—Act, section 204

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

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

(2)The roll must contain—

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

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

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

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

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

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

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

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

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

(g)brief details of all information required to be given to the body corporate in notices given under the Act or this regulation (including in notices given under sections 50, 51 and 52 and under this chapter), including when the information was given.

153   Register of assets [SM, s 197]

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

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

(a)a brief description of the asset;

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

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

(d)if the asset was purchased—

(i)its cost; and

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

(e)if the asset was a gift—

(i)its estimated value; and

(ii)the name and address of the donor;

(f)if the asset is mortgaged or the subject of a charge—

(i)the amount secured by the mortgage or charge when the mortgage is entered into or the charge is created, and the amount of each further advance made under the security of the mortgage or charge; and

(ii)the period within which the amount secured must be repaid; and

(iii)the interest rate payable; and

(iv)the name of the mortgagee or chargee.

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

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

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

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

(b)for an engagement—

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

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

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

(d)for an engagement of a person as a body corporate manager—the powers of an executive member of the committee the contractor is authorised to exercise.

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

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

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

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

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

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

Note—

See section 95 (Occupation of common property by service contractor or letting agent).

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

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

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

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

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

Note—

See section 120 (Improvements to common property by an owner of a lot—Act, s 159).

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

(a)when the authorisation was given;

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

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

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

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

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

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

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

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

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

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

157   Register of reserved issues [SM, s 201]

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

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

(a)a description of the issue;

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

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

Part 5    Documents and information

158   Definitions for pt 5 [SM, s 202]

In this part—

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

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

(b)committee member proxy appointment documents;

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

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

(e)notices of opposition to committee resolutions;

(f)notices of resignation by committee members;

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

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

(a)notices calling for nominations for committee positions;

(b)notices by owners requesting general meetings;

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

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

(e)nominations for election as a committee member;

(f)proxy appointment documents;

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

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

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

(j)copies of instruments, notices and powers of attorney given to the secretary under section 50, 51 or 52.

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

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

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

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

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

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

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

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

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

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

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

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

(k)any reconciliation statement prepared for an account kept for the administrative, sinking or promotion fund and the associated financial institution statement and invoices.

(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, other than material mentioned in subsection (3)(b);

(b)correspondence of no significance or continuing interest;

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

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

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

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

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

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

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

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

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

(1)For section 205(2) of the Act—

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

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

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

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

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

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

Chapter 10    Miscellaneous

162   Voting other than at general meeting—Act, s 111

Section 111 of the Act applies to a community titles scheme to which this regulation applies.

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

(1)This section applies if—

(a)a person has possession or control of any of the following property (the specified property)—

(i)a body corporate asset for a community titles scheme;

(ii)a record or other document of a body corporate;

(iii)a body corporate seal; and

(b)the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as—

(i)a member, or an associate of a member, of the body corporate or of the committee; or

(ii)a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; and

(c)the person is served with a notice of a resolution of the committee requiring the person to give, within 14 days after the person is served with the notice, the specified property to a member of the committee who is named in the notice.

(2)The person must comply with the notice.

Maximum penalty—20 penalty units.

(3)The person may not claim a lien on specified property mentioned in subsection (1)(a)(ii) or (iii).

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

(1)This section applies if—

(a)a person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and

(b)the person holds the document in photographic or electronic image form; and

(c)the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.

(2)The body corporate may require the person—

(a)to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced (with or without the aid of another article or device), if the form is immediately accessible by the body corporate; or

(b)to reproduce, and give to the body corporate, the document in paper form.

(3)The person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2).

Maximum penalty for subsection (3)—20 penalty units.

Chapter 11    Repeal and transitional provisions

Part 1    Repeal

165   Repeal

The Body Corporate and Community Management (Commercial Module) Regulation 1997, SL No. 480 is repealed.

Part 2    Transitional provisions

Division 1 Purposes, definitions and general approach

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

The main purposes of this part are as follows—

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

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

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

167   Definitions for pt 2 [SM, s 210]

In this part—

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

commencement means the commencement of this part.

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

made includes given and issued.

obligation includes duty.

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

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

protection includes a statement that—

(a)there is no liability; and

(b)there is no invalidity; and

(c)a person has an entitlement.

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

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

(1)This section applies to the following—

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

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

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

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

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

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

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

169   Terminology in things mentioned in s 168(1) [SM, s 212]

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

(a)any of the things mentioned in section 168(1), including, for example, an authorised action or document; or

(b)evidence of any of the things.

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

Example for subsection (2)—

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

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

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

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

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

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

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

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

(1)This section applies if—

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

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

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

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

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

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

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

172   References to repealed regulation [SM, s 215]

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

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

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

Division 2 Specific provisions

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

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

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

(1)This section applies to a general meeting of a body corporate, or a meeting of the committee, called but not held before the commencement.

(2)The repealed regulation continues to apply to the following as if this regulation had not been made and the repealed regulation continued in force—

(a)a procedural step taken to call the meeting;

(b)a decision made by ordinary resolution of the body corporate that previous section 31(3)(c) need not be complied with;

(c)the conduct of the meeting.

176   Existing committees—composition

Previous section 10 continues to apply to a committee for a body corporate until the next annual general meeting of the body corporate as if this regulation had not been made and the repealed regulation continued in force.

177   Existing members—eligibility [SM, s 219]

(1)This section applies if a person, who immediately before the commencement, held office as a member of a committee for a body corporate and who, after the commencement is ineligible to hold the office under section 11(2)(c) or (4).

(2)Despite section 11(2)(c) and (4), the person is taken to be eligible to be a member of the committee until the next annual general meeting of the body corporate.

178   Existing reduction of notice period for calling a committee meeting

(1)This section applies if, immediately before the commencement, a decision of the committee under previous section 17 that the required period of notice for calling a meeting of the committee is less than 2 days is in effect.

(2)On the commencement, all the members of the committee are taken to have agreed, under section 20 of this regulation, to reduce the notice period for committee meetings to 2 days.

(3)Subsection (2) applies subject to section 175.

179   Approval of engagements and authorisations

(1)Section 79 does not apply to any of the following approved by the body corporate, as required under previous section 69, before the commencement—

(a)an engagement of a person as a body corporate manager or service contractor;

(b)an authorisation of a person as a letting agent;

(c)an amendment of an engagement or authorisation mentioned in paragraph (a) or (b).

(2)Previous section 69 continues to apply for a meeting of the body corporate called but not held before the commencement as if this regulation had not been made and the repealed regulation continued in force.

180   Application of new requirements to existing body corporate managers

(1)This section applies to a person engaged as a body corporate manager under an engagement approved by the body corporate before the commencement or at a general meeting called, but not held, before the commencement.

(2)Unless the body corporate and the person agree otherwise, the person is not required to comply with the new body corporate manager requirements.

(3)Subsection (2) applies until the end of the term of the engagement.

(4)In this section—

new body corporate manager requirements means the requirements a body corporate manager must comply with under section 106, 108 or 113.

181   Existing body corporate debts

Section 104, other than subsection (2), applies to a body corporate debt owed to the body corporate on the commencement.

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

(1)Section 133(3) does not apply for—

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

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

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

(ii)is not required to obtain a valuation under section 183(2) before the annual general meeting.

(2)For another annual general meeting for a relevant body corporate, section 133(3) applies as if a reference in that subsection to the most recent valuation under section 137 were a reference to the most recent valuation obtained, including a valuation obtained before the commencement.

(3)In this section—

relevant body corporate means a body corporate to which section 183 applies.

183   Valuation for insurance purposes [SM, s 226]

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

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

(3)If the body corporate obtained a required valuation for the building or buildings within 4 years before the commencement, the date the most recent required valuation was obtained is the starting date for the 5-year period mentioned in section 137 for the body corporate.

(4)In this section—

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

184   Register of reserved issues [SM, s 227]

A body corporate must record its reserved issues in a register of reserved issues as mentioned in section 157 as soon as practicable, but before notice is given of the body corporate’s annual general meeting that is the first to be called after the commencement.

185   Existing policies of insurance

(1)A policy of insurance held by a body corporate and in force on the commencement is, to the extent the policy complied with the requirements under previous part 8, division 9, taken to continue to comply with chapter 8, part 9.

(2)Subsection (1) applies only until the policy is first renewed after the commencement.

186   Continuation of approved forms [SM, s 228]

(1)This section applies if—

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

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

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

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

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

(1)This section applies if—

(a)before 15 March 2006, a body corporate appointed a person with qualifications and experience in accountancy mentioned in pre-amended section 87, to audit its statement of accounts for a financial year; and

(b)either of the following apply—

(i)the financial year ended before 15 March 2006 and the person has not performed the audit;

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

(2)For the purpose of the person performing the audit, pre-amended section 87 continues to apply as if the Audit Legislation Amendment Act 2006 and this regulation had not been made and the repealed regulation continued in force.

(3)In this section—

pre-amended section 87 means previous section 87 as in force before 15 March 2006.

Schedule Dictionary

section 4

address for service, of a person in relation to a community titles scheme, means the person’s address for service as most recently advised to the body corporate under this regulation.

authorised action or document, for chapter 11, part 2, see section 167.

body corporate debt means a following amount owed by an owner of a lot to the body corporate—

(a)a contribution or instalment of a contribution;

(b)a penalty for not paying a contribution or instalment of a contribution by the date for payment;

(c)another amount associated with the ownership of a lot.

Examples of another amount—

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

•an amount owing to the body corporate for lawn-mowing services arranged by the body corporate on behalf of the owner

commencement, for chapter 11, part 2, see section 167.

corporate owner, of a lot included in a community titles scheme (scheme A), means a corporation that is the owner of the lot (other than the body corporate for another community titles scheme that is a lot included in scheme A, in its capacity as the body corporate for a subsidiary scheme for scheme A).

Note—

Nevertheless, the body corporate for a community titles scheme (scheme A) could be a corporate owner of a lot included in another community titles scheme (scheme B) if the lot included in scheme B is not itself a community titles scheme, and the body corporate for scheme A merely holds the lot as a body corporate asset for scheme A.

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

corresponding provision, for chapter 11, part 2, see section 167.

date for payment see section 101(1)(c).

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

made, for chapter 11, part 2, see section 167.

motion with alternatives see section 39.

non-freehold land ...

non-recurrent, for expenditure, means not recurrent.

non-voting member, of the committee, see section 11(5).

obligation, for chapter 11, part 2, see section 167.

occupation authority see section 95.

open motion means a motion decided by the body corporate other than by secret ballot.

ordinary member, of the committee, means a member of the committee other than an executive member.

previous, for chapter 11, part 2, in relation to a stated provision that includes a number, see section 167.

previous provision, for chapter 11, part 2, see section 167.

proposed budget amount means the amount of a proposed administrative, sinking or promotion fund budget accompanying the notice of an annual general meeting of a body corporate.

protection, for chapter 11, part 2, see section 167.

reconciliation statement see section 108.

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

reinstatement insurance means insurance taken out under section 135 or 136.

relevant person, for chapter 6, part 5, see section 91.

repealed regulation, for chapter 11, part 2, see section 167.

requested extraordinary general meeting see section 34.

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

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

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

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

residential or business address, of a person in relation to a community titles scheme, means the following address most recently notified to the body corporate under this regulation—

(a)for an individual—the person’s residential address;

(b)for a corporation—the person’s business address.

roll, of a body corporate, means the roll prepared and kept by the body corporate under section 152.

secret voting paper see section 38(2).

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

statutory motion, for an annual general meeting, means a motion about a following matter—

(a)presenting the body corporate’s accounts for the financial year;

(b)appointing an auditor of the body corporate’s accounts for the next financial year, or not auditing the accounts;

(c)adopting administrative fund and sinking fund budgets, and, if applicable, a promotion fund budget, for the financial year;

(d)fixing contributions to be paid by the owners of lots for the next financial year;

(e)reviewing each insurance policy held by the body corporate.

subsidiary scheme representative see section 52.

unexpired term, for chapter 6, part 3, see section 80.

voluntary insurance scheme see section 141(2).

voter, for a general meeting of a body corporate, see section 50.

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