Body Corporate and Community Management (Commercial Module) Regulation 2020 (Qld)

Body Corporate and Community Management (Commercial Module) Regulation 2020

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Body Corporate and Community Management (Commercial Module) Regulation 2020.

2   Commencement

This regulation commences 1 March 2021.

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

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

(2)This regulation applies to a community titles scheme if—

(a)the lots included in the scheme are predominantly commercial lots; or

(b)both of the following 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 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 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—

(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; or

(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 schedule 1 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 section 8 of the Act, 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—

1scheme land

2body corporate

3common property

4body corporate assets

5community management statement

6original owner

7by-laws

8body 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.

(3)In this section—

standard module means the Body Corporate and Community Management (Standard Module) Regulation 2020.

Chapter 2    Community management statements

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

For section 66(2)(b) of the Act, a community management statement may include the following things—

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

Example for paragraph (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   Purposes of chapter [SM, s 8]

The purposes of this chapter are—

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

(i)the composition of the committee;

(ii)the choosing of members of the committee;

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

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

(v)the meetings of the committee; and

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

(c)to provide for matters that involve members of the committee that must be authorised by the body corporate.

Part 2    Committee membership

Division 1 Composition of committee—Act, section 99

10   Composition of committee [SM, s 9]

(1)A committee must consist of the following persons—

(a)the persons chosen to be the executive members of the committee, including any executive member who is a non-voting member of the committee;

(b)if ordinary members are chosen for the committee—the ordinary members.

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

(3)A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction.

(4)The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.

(5)In this section—

maximum number, of voting members for a committee, means—

(a)if the community titles scheme includes 7 or more lots and it is a principal scheme in a layered arrangement of community title schemes, and the body corporate decides by ordinary resolution that the number of members of the committee must be greater than 7 but not more than 12—the number decided by the body corporate; or

(b)if the community title scheme includes 7 or more lots and paragraph (a) does not apply—7; or

(c)if the community titles scheme includes fewer than 7 lots—the number equalling the number of lots.

11   Eligibility to be 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)a body corporate manager; or

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

(c)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

(d)a person nominated by a member mentioned in paragraph (c).

(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 members of the committee must be chosen at each annual general meeting of the body corporate.

(2)However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are—

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

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

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

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

(e)3 or more lots included in the scheme, and there are only 3 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 the owners, or the nominees of the 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.

(5)If subsection (2)(e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the 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 each of them.

(6)A committee mentioned in subsection (3), (4) or (5) is a minor committee.

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

(1)If, on the day 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.

Subdivision 2 Election of committee

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

(4)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.

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

Subdivision 3 Term of office of committee members

15   Term of office—Act, s 99 [SM, s 44]

(1)The term of office of a member of the committee continues until—

(a)another person is chosen for the position; or

(b)the member’s position becomes vacant under subsection (2).

(2)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, by proxy or by any electronic means authorised by a resolution of the committee, 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; or

(g)is removed from office under section 16.

(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 a body corporate manager.

(4)The committee must, even if the number of its members may have fallen below a quorum—

(a)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

(b)call a general meeting of the body corporate to fill the vacancy.

16   Removal from office for breaching code of conduct—Act, s 101B [SM, s 45]

(1)For section 101B(3) of the Act, this section prescribes the way a voting member may be removed from office for breaching the code of conduct.

(2)A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters—

(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.

(3)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 (2)(c) to any other member of the body corporate.

(4)If a notice under subsection (2) is given to the member and the period mentioned in subsection (2)(c) has ended, the body corporate must—

(a)include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and

(b)attach to the agenda a copy of the notice given to the member.

(5)At the next general meeting mentioned in subsection (4)(a), the member may be removed from office by ordinary resolution.

Part 3    Restricted issues—Act, section 100

17   Restricted issues for committee [SM, s 52]

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

(a)changing 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 176.

(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.

17A    [Expired]

Part 4    Committee meetings—Act, section 101

Division 1 Administrative arrangements for committee meetings

18   Who may call committee meetings [SM, s 54]

(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 requested, 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.

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

(4)If the meeting is not held within 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.

19   Notice of committee meetings [SM, s 55]

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

(i)has instructed the secretary that the owner does not wish to be given advice of committee meetings; and

(ii)has not withdrawn the instruction.

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

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

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

(c)must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.

20   Place of committee meetings [SM, s 56]

(1)The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting.

(2)After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee.

21   Agenda for committee meetings [SM, s 57]

(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.

22   Submission for consideration of motions at committee meetings—generally [SM, s 58]

(1)This section does not apply in relation to a motion for consideration at a meeting of the committee if—

(a)under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and

(b)the motion is about whether to approve a request to keep or bring an animal on a lot or common property.

(2)A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 167(2).

(3)Subject to subsections (4) and (6), for each motion submitted, the committee must do either of the following—

(a)as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period), decide the motion; or

(b)if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating—

(i)that the committee requires more time to decide the motion; and

(ii)the reason the committee requires more time; and

(iii)a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.

(4)The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted—

(a)a motion about the same issue; or

(b)6 or more motions.

(5)If the committee decides not to decide a motion because subsection (4)(a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.

(6)The committee must not decide a motion if—

(a)a decision on the motion would be a decision on a restricted issue for the committee; or

(b)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.

(7)The motion is taken to be not agreed to if—

(a)the committee does not decide the motion within the decision period; or

(b)the committee gives a notice under subsection (3)(b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.

22A   Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property [SM, s 58A]

(1)This section applies if—

(a)under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and

(b)a decision in relation to the request may be made by the committee.

Note—

See section 39A for when a body corporate must decide a request at a general meeting.

(2)The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson.

(3)The committee must decide the request—

(a)as a motion for consideration by the committee; and

(b)within the period prescribed under section 22B (the prescribed period).

(4)If the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision).

(5)The committee must give the person written notice of—

(a)a decision made under subsection (3) as soon as practicable after the decision is made; or

(b)a deemed decision as soon as practicable after the prescribed period ends.

22B   Deciding requests for approval to keep or bring an animal on to a lot or common property—Act, s 169B(4) [SM, s 58B]

For section 169B(4)(a) of the Act, for a decision of a committee, the prescribed period is within 21 days after the request is made to the committee.

Division 2 Chair, quorum and attendance for committee meetings

23   Chairing committee meetings [SM, s 59]

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

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

(3)In this section—

present means present personally or by electronic means.

24   Quorum at committee meetings [SM, s 60]

(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.

(4)In this section—

present means present personally or by electronic means.

25   Attendance at committee meetings—voting members [SM, s 61]

(1)A voting member of the committee may attend and vote at a meeting of the committee—

(a)in person; or

(b)by proxy; or

(c)by any electronic means authorised by a resolution of the committee.

Examples of an electronic means—

email, teleconferencing, videoconferencing

(2)For subsection (1)(c), a resolution of the committee may authorise attendance by electronic means in respect of—

(a)a particular meeting or meetings or all meetings; or

(b)a particular electronic means or any electronic means.

26   Attendance at committee meetings—non-voting members [SM, s 62]

(1)A non-voting member of the committee may attend a meeting of the committee—

(a)in person; or

(b)by any electronic means authorised by a resolution of the committee.

Examples of an electronic means—

email, teleconferencing, videoconferencing

(2)For subsection (1)(b), a resolution of the committee may authorise attendance by electronic means in respect of—

(a)a particular meeting or meetings or all meetings; or

(b)a particular electronic means or any electronic means.

27   Attendance at committee meetings—non-members [SM, s 63]

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

(a)an owner of a lot, or a representative of 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.

(2)An owner of a lot, or a representative of 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 or representative’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held.

(3)Also, a representative of an owner must, when giving notice, include in the notice the following information—

(a)the representative’s residential or business address;

(b)the name of the lot owner whom the representative represents;

(c)unless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting.

(4)A person who attends a committee meeting under this section may do so—

(a)in person; or

(b)by any electronic means authorised by a resolution of the committee.

Examples of an electronic means—

email, teleconferencing, videoconferencing

(5)For subsection (4)(b), a resolution of the committee may authorise attendance by electronic means in respect of—

(a)a particular meeting or meetings or all meetings; or

(b)a particular electronic means or any electronic means.

(6)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.

(7)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 (6); or

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

(8)The person may—

(a)subject to subsections (6) and (7), observe the meeting; and

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

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

(10)The committee may direct the person to leave the meeting if the person does not comply with subsection (8)(b).

(11)The person must comply with a direction given to the person under subsection (10).

Division 3 Voting at committee meetings

28   When voting member ineligible to vote at committee meetings [SM, s 64]

(1)This section applies in relation to a voting member of a committee (a debtor member) if, at the time of the meeting of the committee—

(a)the member owes a body corporate debt in relation to a lot owned by the member; or

(b)the member is not a lot owner and—

(i)the member is nominated to be a voting member of the committee under section 11(1)(b); and

(ii)the nominating entity owes a body corporate debt in relation to a lot owned by the entity.

(2)A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.

(3)Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting.

Note—

Under section 84 it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.

(4)However, nothing in this section prevents a debtor member from being counted, under section 24, for deciding whether there is a quorum for a meeting of the committee.

29   Voting at committee meetings [SM, s 65]

(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 personally, by proxy or by electronic means.

30   Conflict of interest [SM, s 66]

(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 for 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 for 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.

Division 4 Voting outside committee meetings

31   When voting member ineligible to vote on motion outside committee meetings [SM, s 67]

A voting member of the committee who is a debtor member is ineligible to vote on a motion before the committee, notice of which has been given under section 32(2).

32   Notice and advice of motion given outside committee meetings [SM, s 68]

(1)A motion may be considered by the committee even though the motion is not decided at a meeting of the committee called and conducted under this part, if notice of the motion is given to all committee members or, in an emergency, to as many members as it is practicable to contact.

(2)The notice must be given in writing but, in an emergency, the notice may be given 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 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)A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.

33   Voting on motion given outside committee meetings [SM, s 69]

(1)Members’ votes on the motion given under section 32 must be—

(a)in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and

(b)given within—

(i)for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 32(2) (the relevant period); or

(ii)for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period).

(2)The motion is decided if, within the relevant period—

(a)the majority of all members of the committee entitled to vote on the motion agree to the motion; or

(b)one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.

(3)Also—

(a)if the motion is a motion mentioned in subsection (1)(b)(i)—the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2); and

(b)if the motion is a motion mentioned in subsection (1)(b)(ii)—the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2).

(4)The committee must give the person who made the request written notice stating that the request is decided—

(a)if the motion is decided under subsection (2)—as soon as practicable after the decision is made; or

(b)if subsection (3)(b) applies—as soon as practicable after the relevant period ends.

34   Application of other provisions [SM, s 70]

For the operation of sections 30(1) and (2) and 35(2) to (4), the committee, in dealing with a resolution under this division, is taken to deal with the resolution at a meeting of the committee.

Division 5 Minutes and other records of committee

35   Minutes and other records of committee [SM, s 71]

(1)The committee must ensure—

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

(b)a full and accurate record of motions is kept.

(2)The secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion 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—

(i)the minutes of committee meetings; or

(ii)the records of motions; and

(b)has not withdrawn the instruction.

(4)The copy must be given to the person within 21 days after—

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

(b)for a copy of a record of motions—

(i)the deciding of the motion; or

(ii)the day the motion is taken to be not agreed to; or

(iii)if the committee must not decide the motion because section 22(6) applies—the day the committee decided the subsection applies.

(5)Also, the copy must be given—

(a)if the person is a lot owner—as provided under section 165; or

(b)if the person is not a lot owner—in a way mentioned in section 167(2).

(6)In this section—

details, of an animal, means the following information—

(a)the animal’s species;

(b)if relevant—the breed of the animal;

(c)the animal’s sex;

(d)the animal’s name.

full and accurate minutes, of a meeting, means minutes that include all of the following information—

(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 a motion submitted by a member of the body corporate under section 22(2)—

(i)when the motion was submitted to the secretary; and

(ii)the name of the member of the body corporate who submitted the motion; and

(iii)if, under section 22(6), the motion was not decided by the committee—the reason why it was not decided; and

(iv)details of any notice given to the member under section 22(3)(b);

(e)for a motion in relation to a request for approval to keep or bring an animal on a lot or common property—

(i)the day the request was made to the committee; and

(ii)if known—the details of the animal the subject of the request; and

(iii)if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval;

(f)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;

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

(h)the time the meeting closed;

(i)if another meeting is scheduled—the details of the next meeting;

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

record of motions means a record—

(a)of each motion that is—

(i)voted on other than at a meeting; or

(ii)not decided under section 22(6); or

(iii)taken to be not agreed to under section 22(7); or

(iv)taken to be agreed to under section 22A(4) or 33(3)(b); and

(b)if the motion was submitted by a member of a body corporate under section 22(2), that includes—

(i)the words of the motion; and

(ii)the date the notice was submitted to the secretary; and

(iii)the name of the member who submitted the motion; and

(iv)if, under section 22(6), the motion was not decided by the committee—the reason why it was not decided; and

(v)details of any notice given to the member under section 22(3)(b); and

(c)for a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes—

(i)the day the request was made to the committee; and

(ii)if known—the details of the animal the subject of the request; and

(iii)if the motion was decided under section 22A and approval was given—any conditions imposed by the committee on the approval; and

(d)if notice of the motion is given under section 32, that includes—

(i)the words of the motion; and

(ii)the date the notice was given; and

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

(e)if the motion was voted on, that includes—

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

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

Part 5    When a committee member may receive particular benefits

36   When committee member may receive particular benefits [SM, s 79]

A committee member may only receive a direct or indirect benefit from a caretaking service contractor or service contractor if—

(a)for a benefit received from a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or

(b)for a benefit received from a service contractor—the benefit is the supply of, or payment for—

(i)a service that the body corporate has engaged the contractor to provide; or

(ii)a service that an owner of a lot has engaged the contractor to provide at market price; or

Example for subparagraph (ii)—

a gardening or maintenance service provided by a service contractor to lot owners

(c)otherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.

Chapter 4    Body corporate meetings—Act, section 104

Part 1    Purpose of chapter

37   Purpose of chapter [SM, s 80]

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

38   Types of meetings [SM, s 81]

(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.

39   Who may call general meetings [SM, s 82]

(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.

39A   General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property [SM, s 82A]

(1)This section applies if—

(a)under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and

(b)a decision in relation to the request may be made only at a general meeting of the body corporate.

(2)The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.

(3)The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period)—

(a)by notice given to each owner of a lot, call a general meeting of the body corporate; and

(b)include the request as a motion on the general meeting agenda.

(4)If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.

(5)If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision)—

(a)a general meeting is not called within the relevant period;

(b)a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 39B (the prescribed period).

(6)The body corporate must give the person written notice of the deemed decision—

(a)if subsection (5)(a) applies, as soon as practicable after the relevant period ends; or

(b)if subsection (5)(b) applies, as soon as practicable after the prescribed period ends.

(7)Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.

39B   Decisions about requests for approval to keep or bring an animal on to a lot or common property—Act, s 169B(4) [SM, s 82B]

For section 169B(4)(a) of the Act, for a decision of a body corporate, the prescribed period is within 6 weeks after a notice is given under section 39A(3)(a).

40   When annual general meetings must be called [SM, s 83]

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.

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

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

42   Requirement for requested extraordinary general meeting [SM, s 84]

(1)An extraordinary general meeting (a requested extraordinary general meeting) of the body corporate must be called if a notice requesting 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, the original owner.

(2)The secretary may be presumed to be absent if the 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.

Note—

Section 49 provides a general meeting must be held at least 21 days after notice is given to the lot owners.

(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.

43   Failure to call requested extraordinary general meeting [SM, s 85]

(1)This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request) requesting the meeting is given under section 42(1).

(2)The owners of lots by or for whom the original request was signed may, in writing, request 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.

44   Opportunity to submit agenda motions [SM, s 86]

(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)Subsection (3) only applies in relation to the first annual general meeting of a body corporate.

(3)If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.

(4)Subsections (5) to (8) apply in relation to all other general meetings of a body corporate.

(5)If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8), it must, subject to subsections (6) and (7), be included on the next general meeting agenda on which it is practicable to include the motion.

(6)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.

(7)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.

(8)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.

45   Notice of general meeting [SM, s 87]

(1)Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme.

(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 by secret ballot—

(i)for a hard copy vote—include the following things—

(A)a secret voting paper under section 46;

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

(C)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

(ii)for an electronic vote—include instructions mentioned in section 46(5)(g); and

(e)be accompanied by explanatory material required under section 48; 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 sections 110, 122, 123, 143 and 176.

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

46   Requirements for voting papers [SM, s 88]

(1)The secretary must prepare 1 hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting.

(2)Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each 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)However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper.

(5)A voting paper must—

(a)state each motion in accordance with subsection (6); 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)if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy 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—be accompanied by 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—be accompanied by 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.

(6)Subject to subsection (7), the voting paper must, for each motion, state—

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

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

(c)if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.

(7)A voting paper that includes a group of same-issue motions must also list the motions that are part of the group—

(a)under the title of the group of same-issue motions as shown on the agenda for the meeting; and

(b)in the following order—

(i)motions requiring a resolution without dissent;

(ii)motions requiring a special resolution;

(iii)motions requiring a majority resolution;

(iv)motions requiring an ordinary resolution.

(8)To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot—

(a)the voting paper for the open motions lists only the open motions; and

(b)the secret voting paper lists only the motions to be decided by secret ballot.

47   Group of same-issue motions [SM, s 89]

(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 44, 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 and each motion proposes a different person.

(2)The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions) on the voting paper for the general meeting.

Note—

See also section 46.

(3)A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions—

(a)vote in favour of 1 or more of the motions;

(b)vote against 1 or more of the motions;

(c)abstain from voting on 1 or more of the motions.

(4)An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion) to be a decision of the body corporate.

(5)If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions.

(6)If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions.

Example—

Suppose that 3 original motions proposing borrowing are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows—

1Original motion A which proposes borrowing an amount that must be authorised by special resolution;

2Original motion B which proposes borrowing a different amount that must be authorised by special resolution;

3Original motion C which proposes borrowing a different amount that may be authorised by ordinary resolution.

      Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions.
As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6), for the group of same-issue motions.

(7)However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions.

(8)If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides.

(9)Other than for an original motion that is part of a group of same-issue motions, 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.

48   Explanatory material accompanying voting paper [SM, s 90]

(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 includes a group of same-issue motions; 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 information—

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

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

(c)the submitter’s name.

(3)The explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, include an explanatory note stating that, under section 111, 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 group of same-issue motions, include all of the following information—

(a)the title of the group as shown on the agenda for the meeting;

(b)a list of each original motion that is part of the group;

(c)each original motion whose substance is stated in the form in which it was submitted under section 44;

(d)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;

(e)an explanatory note stating that—

(i)voters may vote on each of the original motions that are part of the group; and

(ii)votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and

(iii)if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and

(iv)an original motion can not be amended at the general meeting; and

(v)if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed.

Example of an explanatory note for paragraph (e)—

‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion.

Votes on each original same-issue motion in the group of motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions.

If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed.

Original motions in the group of same-issue motions can not be amended at the meeting.’.

(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.

49   Time of general meetings [SM, s 91]

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

Note—

Section 42 provides for the timing of a requested extraordinary general meeting.

50   Place of general meetings [SM, s 92]

(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, the meeting may be held more than 15km from scheme land if—

(a)the committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land, and allows the owners a reasonable opportunity to object in writing to the proposed place by a stated date; and

(b)at the end of the stated date the committee has not received written objections to the proposed place of meeting by or for owners of at least 25% of the lots included in the scheme.

51   Agenda for general meeting [SM, s 93]

(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;

(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 44 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions;

(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 on 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; and

(c)if there is a group of same-issue motions on the agenda—

(i)the title of the group of same-issue motions; and

Example—

An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.

(ii)a list of the original motions that are part of the group in the following order—

(A)motions requiring a resolution without dissent;

(B)motions requiring a special resolution;

(C)motions requiring a majority resolution;

(D)motions requiring an ordinary resolution.

(3)If the 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

52   First annual general meeting [SM, s 94]

(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 of business—

(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)deciding what issues are reserved for decision by ordinary resolution;

Note—

See section 17(1)(b).

(e)deciding whether the by-laws should be amended or repealed;

(f)appointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor;

(g)any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion;

(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 53(4), this section does not apply to the body corporate of a community titles scheme to which section 53 applies.

53   First annual general meeting—scheme established by amalgamation [SM, s 95]

(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, in accordance with this section, by—

(a)if, before the amalgamation, the bodies corporate for each of the previous schemes each 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 52(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.

54   Documents and materials to be given to body corporate at first annual general meeting [SM, s 96]

(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)if a development approval was required for development on the scheme land—a copy of the development approval;

(c)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;

(d)the community management statement currently recorded for the community titles scheme;

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

(f)copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;

(g)if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;

(h)an independent valuation for each building the body corporate must insure under chapter 8, part 6;

(i)documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including, 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;

(j)documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, 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;

(k)copies of any contracts or agreements for the supply of utility services to the body corporate;

(l)copies of any documents relating to warranties for—

(i)buildings or improvements forming part of scheme land; and

(ii)any item of plant and equipment forming part of the common property; and

(iii)any other body corporate asset;

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

(n)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;

(o)a copy of any proxy form under which the original owner is the proxy for an owner of a lot;

(p)a copy of any document under which the original owner derives the representative capacity for an owner of a lot.

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 give the documents to the body corporate’s secretary at the earliest practicable opportunity.

Maximum penalty—20 penalty units.

(3)The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form.

(4)Also, the electronic form of the document mentioned in subsection (1)(d) must be readily capable of being edited.

(5)In this section—

excluded documents means 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.

Part 3    Chair and quorum for body corporate meetings

55   Chairing general meetings [SM, s 97]

(1)The chairperson must chair all general meetings at which the chairperson is present.

(2)A person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting if—

(a)the chairperson is absent from the meeting; or

(b)a chairperson has not been chosen; or

(c)there is a vacancy in the office of chairperson.

(3)A body corporate manager 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.

56   Power of person chairing general meeting to rule motion out of order [SM, s 98]

(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)for a motion other than 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.

(5)To remove any doubt, it is declared that—

(a)nothing in subsection (1)(a)(i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and

(b)if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.

57   Quorum for general meetings [SM, s 99]

(1)In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter—

(a)appointed a proxy for the meeting; or

(b)cast a hard copy vote before the start of the meeting; or

(c)cast an electronic vote before the start of the meeting.

(2)For subsection (1), a body corporate may decide by ordinary resolution that a voter is present personally at a meeting if the voter can cast a vote at the meeting by electronic means.

Examples of an electronic means—

teleconferencing, videoconferencing

(3)A quorum at a general meeting is—

(a)if, under subsection (4), the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or

(b)otherwise—at least 25% of the voters for the meeting.

(4)A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is—

(a)not less than 10% of the number of voters; and

(b)not more than 25% of the number of voters.

(5)Despite subsection (3), the number of voters that must be present personally for a meeting is—

(a)if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or

(b)if the number of voters for the meeting is fewer than 3—1.

(6)For this section, the number of voters for the meeting must be calculated as follows—

(a)a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter;

(b)2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter;

(c)2 or more co-owners of a lot must be counted as 1 voter.

(7)Despite section 60(2), each voter present at the meeting must be counted as a voter for the meeting.

58   Adjournment of general meeting and formation of quorum in particular circumstances [SM, s 100]

(1)This section applies if a quorum is not formed under section 57 within 30 minutes of the time scheduled to start a general meeting.

(2)The meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later.

(3)Despite subsection (2), 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 given notice of the new location before the adjourned meeting is to start.

(4)If at the adjourned meeting there is no quorum formed 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.

Part 4    Voting at general meetings

59   Meaning of voter for general meeting [SM, s 101]

(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

(iii)a corporate owner nominee; or

(iv)a subsidiary scheme representative; 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.

(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)(a)(iii) or (b), 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.

60   Displacement or disentitlement of right to vote [SM, s 102]

(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.

61   Representation of body corporate [SM, s 103]

(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 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 134.

(4)The register mentioned in subsection (3) must include 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.

175   Register of allocations under exclusive use by-law [SM, s 229]

(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.

176   Register of reserved issues [SM, s 230]

(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.

(4)In this section—

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

Part 4    Documents, information and other matters

177   Keeping and disposal of records—Act, s 204 [SM, s 231]

(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 engagement of a service contractor or authorisation of a 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’s 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.

(6)In this section—

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, hard copy 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 59, 60 or 61.

178   Access to records—Act, s 204 [SM, s 232]

(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.

179   Fee for information given to interested persons—Act, s 205 [SM, s 233]

(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—18.25 fee units; or

(ii)if the person inspecting the records is not an owner of a lot—35.10 fee units; and

(b)the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.

(2)For section 205(5) of the Act, the fee prescribed is—

(a)if the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or

(b)otherwise—76.75 fee units.

(3)A request for a body corporate certificate under section 205(4) of the Actmay include a request for the certificate to be given within 24 hours.

(4)A request for a body corporate certificate that includes a request made under subsection (3) must be accompanied by a priority fee of 27.35 fee units.

(5)The priority fee payable under subsection (4)—

(a)is in addition to the fee payable under subsection (2); and

(b)must be refunded if the requested body corporate certificate is not given within 24 hours.

(6)Subsection (7) applies for working out the amount of a fee under this section.

(7)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).

Example—

Subsection (1)(a)(i) prescribes a fee of 18.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 18.25 would be $27.375. Because $27.375 is halfway between $27.35 and $27.40, it is rounded upwards, so the amount of the fee for subsection (1)(a)(i) would be $27.40.

179A   Giving information to interested person—Act, s 205 [SM, s 233A]

For section 205(2)(b)(ii) of the Act, the prescribed way is—

(a)by post; or

(b)by delivering it to the person personally.

179AA    Matters that must be included in approved form for body corporate certificate—Act, s 205AAA [SM, s 233A]

(1)For section 205AAA(a) of the Act, the following matters are prescribed—

(a)details of the lot and plan of subdivision, including—

(i)whether the lot is included in—

(A)a standard format plan of subdivision; or

(B)a building format plan of subdivision; or

(C)a volumetric plan of subdivision; and

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

(ii)the regulation module applying to the scheme; and

(iii)the name and contact details of each person who is responsible for keeping body corporate records; and

(iv)the name and contact details of any body corporate manager for the scheme; and

(v)the unique identifying number allocated for the scheme under the Land Title Act 1994, section 115E(2);

(c)annual contributions fixed by the body corporate as payable by the owner of the lot;

(d)special contributions fixed by the body corporate as payable by the owner of the lot;

(e)discounts that apply to the payment of contributions;

(f)penalties that apply to the payment of contributions;

(g)other amounts associated with ownership of the lot that are payable to the body corporate;

(h)the interest schedule lot entitlement for the lot;

(i)the contribution schedule lot entitlement for the lot;

(j)any of the following amounts owed to the body corporate by the owner of the lot—

(i)a contribution or an instalment of a contribution;

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

(iii)another amount associated with ownership of the lot;

(k)the body corporate’s sinking fund balance;

(l)the insurance held by the body corporate;

(m)any engagement by the body corporate of a person as a caretaking service contractor for the scheme;

(n)any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;

(o)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

(p)improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;

(q)each body corporate asset that is required to be recorded on a register the body corporate keeps;

(r)any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;

(s)whether the scheme is part of a layered arrangement of community titles schemes;

(t)the most recent statement of accounts prepared under section 122;

(u)if the scheme was established for an existing 1980 plan—

(i)if the most recent community management statement for the scheme as recorded under the Land Title Act 1994, section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and

(ii)if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.

(2)The approved form may include provision for the following documents to be given with the form—

(a)a document stating the details of each insurance policy held by the body corporate;

(b)a copy of the statement of accounts mentioned in subsection (1)(t);

(c)a document setting out the by-laws mentioned in subsection (1)(u)(i) in consolidated form;

(d)a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1)(u)(ii).

(3)In this section—

standard statement see section 339 of the Act.

179B    Fee for information given to interested person (layered arrangement)—Act s 205AAB [SM, s 233B]

(1)For section 205AAB(2) of the Act—

(a)the prescribed fee for inspecting the records is—

(i)if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or

(ii)if the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or

(iii)if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii)—35.10 fee units; and

(b)the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.

(2)Section 179(7) applies for working out the amount of a fee under this section.

179C   Giving information to interested person (layered arrangement)—Act, s 205AAB [SM, s 233C]

For section 205AAB(2)(b)(ii) of the Act, the prescribed way is—

(a)by post; or

(b)by delivering it to the person personally.

180   Documents in custody of body corporate manager [SM, s 234]

(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.

181   Return of body corporate property [SM, s 235]

(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.

(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; or

(iii)the original owner; 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).

Part 5    [Repealed]

182   [Repealed]

Chapter 10    Repeal and transitional provisions

Part 1    Repeal

183   Repeal [SM, 237]

The Body Corporate and Community Management (Commercial Module) Regulation 2008, SL No. 271 is repealed.

Part 2    Transitional provisions

Division 1 Purposes, definitions and general approach

184   Main purposes of part [SM, s 238]

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.

185   Definitions for part [SM, s 239]

In this part—

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

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

made includes given and issued.

obligation includes duty.

repealed, 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.

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

repealed regulation means the Body Corporate and Community Management (Commercial Module) Regulation 2008.

186   Authorised action or document, obligation or protection under repealed provision [SM, s 240]

(1)This section applies to—

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

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

(c)a protection under a repealed 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 repealed provision, if there is a corresponding provision to the repealed 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)Subsection (2)(b) applies whether or not the repealed provision refers to the authorised action or document, obligation or protection by reference to a provision of the repealed regulation.

(4)In this section—

protection includes a statement that—

(a)there is no liability; and

(b)there is no invalidity; and

(c)a person has an entitlement.

187   Terminology in things mentioned in s 186(1) [SM, s 241]

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

(a)any of the things mentioned in section 186(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.

188   Period stated in repealed provision [SM, s 242]

(1)This section applies if, in a repealed provision, there is a period for doing something, and the period for doing the thing started before the commencement and did not end before the commencement.

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

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

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

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

189   Period or date stated in document given under repealed provision [SM, s 243]

(1)This section applies if—

(a)a repealed provision provided for a document to be made under it; and

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

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

Example—

a remedial action notice under repealed section  90 that states a date by which a person must comply with the notice

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

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

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

190   References to repealed regulation [SM, s 244]

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

191   Acts Interpretation Act 1954, s 20 not limited [SM, s 245]

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

Division 2 Specific provisions

192   When is general meeting called for this division [SM, s 246]

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.

193   General meetings of body corporate and committee meetings called before commencement [SM, s 247]

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

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

(3)For this section and without limiting section 192—

(a)repealed section 36 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and;

(b)repealed sections 44 and 46 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.

194   Duty to consider defect assessment motion [SM, s 248]

(1)Section 128(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.

(2)However, section 128(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.

(3)Section 128(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after—

(a)a request to record a new community management statement for the scheme is lodged under section 56 of the Act; or

(b)property, other than body corporate assets the body corporate must insure for full replacement value under section 144(1), 145(2) or 146(2), is included on scheme land.

(4)However, section 128(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after—

(a)a request to record a new community management statement for the scheme is lodged under section 56 of the Act; or

(b)property, other than body corporate assets the body corporate must insure for full replacement value under section 144(1), 145(2) or 146(2), is included on scheme land.

195   Notice for breach of code of conduct [SM, s 250]

(1)This section applies if, before the commencement—

(a)the body corporate gave a notice under repealed section 16 to a voting member of the body corporate’s committee; and

(b)a motion, mentioned in repealed section 17(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.

(2)Repealed sections 16 and 17 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.

196   Disclosure of commission or other benefit [SM, s 251]

(1)This section applies if, before the commencement—

(a)a person has given written notice to the body corporate under repealed section 94(2); and

(b)the body corporate has not made a decision to enter into the contract to which the notice relates.

(2)Repealed section 94 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.

197   Continuation of approved forms [SM s 253]

(1)This section applies if—

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

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

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

(2)The form continues to have effect for this regulation until the end of 30 April 2021 and must be read with necessary changes.

198   Continuation of repealed s 179 [SM, s 254]

Repealed section 179(1) continues to apply as if this regulation had not been made and the repealed regulation continued in force.

199   Notices for roll given before commencement [SM, s 255]

(1)This section applies in relation to a notice given to a body corporate under repealed section 149 before the commencement.

(2)Section 170(2)(g) does not apply to the notice.

(3)However, to the extent the notice contains any information mentioned in section 170(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.

(4)The period mentioned in section 171 does not apply in relation to the notice.

(5)However, the body corporate must, as soon as practicable after the commencement, amend the roll to include any information contained in the notice.

200   Address for service and email address given before commencement [SM, s 256]

(1)This section applies if, before the commencement, an owner of a lot, or a relevant person, has given the body corporate an email address for the purpose of receiving any document or information that may be given to, or served on, a lot owner under the Act.

(2)For section 163, the email address is taken to be an email address nominated under section 163(2).

(3)In this section—

document includes a notice.

relevant person see section 162.

Division 3 Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024

201   Definitions for part

In this part—

former, for a provision of this regulation, means the provision as in force from time to time before the commencement.

new, for a provision of this regulation, means the provision as in force from the commencement.

202   Motions or requests submitted before commencement

(1)This section applies if—

(a)before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and

(b)immediately before the commencement, the motion has not been decided.

(2)If the body corporate or the committee considers the motion after the commencement, the motion must be decided under the former regulation.

(3)In this section—

former regulation means this regulation as in force immediately before the commencement.

203   Particular minutes and records of motions

(1)This section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property—

(a)submitted for consideration to the committee before the commencement; and

(b)in relation to which, on the commencement—

(i)a decision or deemed decision has not yet been made; or

(ii)a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.

(2)Former section 35 continues to apply to the minutes and other records in relation to the motion or request.

(3)In this section—

communication by the secretary, in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 35.

deemed decision, in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee.

full and accurate minutes see former section 35(6).

minutes and other records, of a committee, means the full and accurate minutes and the records of motions for the committee.

record of motions see former section 35(6).

204   Disposal of interest in and leasing or licensing of common property—executed document

(1)This section applies if—

(a)before the commencement, a body corporate had executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction) had been authorised as required under former section 131(5)(a); and

(b)immediately before the commencement, an instrument (the instrument) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2)Former section 131 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994.

205   Disposal of interest in and leasing or licensing of common property—unexecuted document

(1)This section applies if—

(a)before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction) was authorised or otherwise permitted under former section 131; and

(b)immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 131(5)(a).

(2)New section 131 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

206   Easements over common property—executed document

(1)This section applies if—

(a)before the commencement, a body corporate had, under former section 132—

(i)authorised a transaction in relation to common property (the transaction); and

(ii)certified a copy of a resolution, or resolutions, in relation to the transaction; and

(b)immediately before the commencement, an instrument (the instrument) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.

(2)Former section 132 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994.

207   Easements over common property—unexecuted document

(1)This section applies if—

(a)before the commencement, a grant or surrender of an easement over or affecting common property (a transaction) was authorised under former section 132; and

(b)immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 132(3)(a).

(2)New section 132 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

208   Original owner’s return of body corporate property—particular circumstances

(1)This section applies if, before the commencement, an original owner—

(a)was, under former section 54, required to provide documents and materials to a body corporate; and

(b)had not provided the documents or materials.

(2)New section 181 does not apply to the original owner.

Schedule 1 Dictionary

section 4

address for service, of a person in relation to a community titles scheme, means—

(a)if the person has given an Australian postal address— the address the person has most recently advised the body corporate is the person’s address; or

(b)if the person has given an Australian postal address and an email address—the Australian postal address or email address the person has most recently advised the body corporate is the person’s address.

authorised action or document, for chapter 10, part 2, see section 185.

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

(a)a contribution or an instalment of a contribution;

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

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

Examples of another amount—

1an annual payment for parking under an exclusive use by-law

2an amount owing to the body corporate for lawn mowing services arranged by the body corporate on behalf of the owner

building, for chapter 8, part 6, see section 142.

building format see the Land Title Act 1994, section 48C.

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 10, part 2, see section 185.

damage, for chapter 8, part 6, see section 142.

date for payment see section 113(1)(c).

debtor member see section 28(1).

defect assessment motion means a motion proposing the engagement of an appropriately qualified person to prepare a defect assessment report for property, other than a body corporate asset, the body corporate must insure, for full replacement value, under sections 144(1), 145(2) and 146(2).

defect assessment report means a report that—

(a)identifies any building work, within the meaning of the Queensland Building and Construction Commission Act 1991, schedule 2, that is defective; and

(b)if reasonably practicable, identifies—

(i)the cause of the defective building work; and

(ii)the building work required to rectify the defective building work.

group of same-issue motions see section 47(2).

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

intended to be developed progressively, in relation to a community titles scheme, means a scheme for which the number of lots included in the scheme may be increased through the progressive subdivision of lots to create further lots to be included in the scheme under the Land Title Act 1994, section 115I.

made, for chapter 10, part 2, see section 185.

minor committee see section 12(6).

non-recurrent, for expenditure, means not recurrent.

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

obligation, for chapter 10, part 2, see section 185.

occupation authority see section 107.

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.

original motions see section 47(1).

promotion fund budget see section 110(4).

property occupier see section 107.

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.

qualifying motion see section 47(4).

reconciliation statement see section 120.

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

reinstatement insurance means insurance taken out under section 145 or 146.

relevant person—

(a)for chapter 6, part 5, see section 103; or

(b)for chapter 9, part 2, see section 162.

repealed, for chapter 10, part 2, see section 185.

repealed provision, for chapter 10, part 2, see section 185.

repealed regulation, for chapter 10, part 2, see section 185.

requested extraordinary general meeting see section 42.

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.

restricted issue, for a decision by a committee, see section 17.

roll, of a body corporate, means the roll prepared and kept by the body corporate under section 170.

scheme A see section 61(1).

scheme B see section 61(1).

secret voting paper see section 46(2).

stand-alone building, on a lot included in a community titles scheme, means a building having no common wall with a building on another lot.

standard format see the Land Title Act 1994, section 48B.

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 61.

unexpired term, for chapter 6, part 3, see section 92.

volumetric format see the Land Title Act 1994, section 48D.

voluntary insurance scheme see section 151(2).

voter, for a general meeting of a body corporate, see section 59.

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