Body Corporate and Community Management (Small Schemes Module) Regulation 2020 (Qld)

Body Corporate and Community Management (Small Schemes Module) Regulation 2020

Chapter 1    Preliminary

1   Short title

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

2   Commencement

This regulation commences on 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)For this regulation to apply to a community titles scheme, all of the following must apply for the scheme—

(a)the scheme is a basic scheme;

(b)there is no letting agent for the scheme;

(c)there are no more than 6 lots included in the scheme.

Notes—

1Under section 21 of the Act, this regulation will only be the regulation module for a community titles scheme if the community management statement for the scheme states that this regulation applies to the scheme.

2If this regulation module applies to a community titles scheme but the scheme subsequently changes so that paragraph (a), (b) or (c) no longer applies, the standard module will apply to the scheme. See section 21(3) of the Act.

4   Dictionary [SM, s 4]

The dictionary in schedule 1 defines particular words used in this regulation.

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

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

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

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

(c)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.

(2)If, for a community titles scheme, a body corporate manager is acting under a chapter 3, part 5 engagement, a reference in this regulation to the committee, secretary or treasurer of the body corporate for the scheme is, if the context permits, a reference to the body corporate manager.

Example—

Sections 17, 19, 36(1)(b), 41, 91, 92 and 93 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a chapter 3, part 5 engagement.

6   References to standard module

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

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

Chapter 2    Community management statements

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

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

(a)provisions adopting and regulating the operation of an architectural and landscape code, including the establishment and operation of an architectural review committee;

(b)rules (meeting rules) consistent with the Act and this regulation, and fair and reasonable in the circumstances of the scheme, for convening and conducting meetings of the body corporate for a community titles scheme.

Chapter 3    Committee for body corporate

Part 1    Preliminary

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

(1)Subject to subsection (2), there must be a committee for the body corporate for a community titles scheme.

(2)There is no committee for the body corporate if the body corporate engages, under part 5, a body corporate manager to carry out the functions of a committee and the secretary and treasurer.

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 the secretary and treasurer;

(iii)the term of office of the secretary and treasurer;

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

(v)the meetings of the committee; and

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

(c)to enable the body corporate to engage a body corporate manager to carry out the functions of a committee, the secretary and the treasurer; and

(d)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 consists only of the person or persons chosen to be the secretary and treasurer of the body corporate.

(2)A person may hold the positions of secretary and treasurer in conjunction.

(3)There must be a secretary and a 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 the secretary or treasurer.

(4)A person who is a member of the committee is a voting member of the committee.

11   Eligibility to be secretary or treasurer [SM, ss 10 and 11]

(1)A person is eligible to be the secretary or treasurer if the person is an individual and is also—

(a)a member of the body corporate; or

Note—

See also section 31 (Membership of body corporate for community titles scheme) of the Act.

(b)a person nominated to be the secretary or treasurer by a member of the body corporate.

(2)However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is—

(a)a body corporate manager or service contractor; or

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

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

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

(3)A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary.

(4)For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time.

Division 2 Choosing of committee—Act, section 99

Subdivision 1 Choosing of committee at annual general meeting

12   When secretary and treasurer are chosen [SM, s 13]

(1)The secretary and treasurer 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.

(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 the positions of both secretary and treasurer.

(4)If subsection (2)(b) or (d) applies—

(a)the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or

(b)the committee consists of 1 of the 2 individuals mentioned in paragraph (a), chosen by agreement between the 2 individuals.

(5)If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate.

(6)Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.

13   When committee may be chosen if previous committee was formed under s 12(3) [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 an extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.

Subdivision 2 Election of secretary and treasurer

14   Election of secretary and treasurer [SM, s 15]

(1)The secretary and treasurer must be chosen by election.

(2)The election must be conducted—

(a)to the extent that meeting rules apply—in the way the meeting rules provide; and

(b)to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution.

(3)However, despite subsection (1)—

(a)the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and

(b)nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting.

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

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

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 person who is the secretary or treasurer continues until—

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

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

(c)the member’s term of office ends under subsection (5).

(2)The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer—

(a)dies; or

(b)becomes ineligible to hold the position; or

(c)resigns by written notice given to—

(i)the other member of the committee; or

(ii)if the person holds the positions of secretary and treasurer—a member of the body corporate; or

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

(e)is removed from office by ordinary resolution of the body corporate; or

(f)is removed from office under section 16.

(3)For subsection (2)(b), without limiting the reasons a person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person—

(a)was a member of the body corporate at the time the person 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 person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or

(c)is engaged as a body corporate manager or service contractor.

(4)If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position.

(5)The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5.

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)fixing or changing a contribution to be levied by the body corporate; or

(b)changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or

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

Note—

Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145.

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

(e)to start a proceeding, other than—

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

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

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

(iv)a prescribed chapter 6 proceeding; or

(f)to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision—

(i)is made under the authority of an ordinary resolution of the body corporate; or

(ii)is for the reimbursement of expenses of not more than $50.

(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   Committee meetings [SM, s 54]

Committee meetings are called and held in the way, and at the times and places, decided by the committee.

19   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 138(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.

19A   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 32A 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 treasurer.

(3)The committee must decide the request—

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

(b)within the period prescribed under section 19B (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.

19B   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 Voting at committee meetings

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

A voting member of a committee is ineligible to vote at a meeting of the committee if, at the time of the meeting—

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

(b)for a voting member nominated for membership of the committee by a member of the body corporate (the nominating member) under section 11(1)(b)—the nominating member owes a body corporate debt in relation to a lot owned by that member.

21   Voting at committee meetings [SM, s 65]

(1)At a meeting of the committee, a motion is decided by—

(a)if the positions of secretary and treasurer are held by 1 person—the person; or

(b)if the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided.

(2)However, subsection (3) applies if—

(a)the positions of secretary and treasurer are held by 2 persons; and

(b)only 1 of those persons (the relevant office holder)—

(i)is ineligible to vote under section 20; or

(ii)is not authorised to make a decision under section 22.

(3)The other person may decide the motion without the agreement of the relevant office holder.

22   Conflict of interest [SM, s 66]

(1)An office holder must not, without the specific authorisation of the body corporate, make a decision on an issue if—

(a)the issue concerns the office holder’s duties as an office holder; and

(b)the office holder has a direct or indirect interest in the issue; and

(c)the interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue.

(2)In this section—

office holder means a person who is the secretary, treasurer, or secretary and treasurer.

Division 3 Minutes and other records of committee

23   Minutes and other records of committee meetings [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 that are taken to be not agreed to under section 19(7) or taken to be agreed to under section 19A(4) 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)if the positions of secretary and treasurer are held by 2 persons—the treasurer; and

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

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

(a)within 21 days after—

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

(ii)for a copy of a record of motions—the day a motion is taken to be not agreed to; and

(b)either—

(i)if the person is a lot owner—as provided under section 137; or

(ii)if the person is not a lot owner—in a way mentioned in section 138(2).

(4)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)the words of each motion decided;

(d)for a motion submitted by a member of the body corporate under section 19(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;

(iii)if, under section 19(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 19(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 19A and approval was given—any conditions imposed by the committee on the approval;

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

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

record of motions means—

(a)a record of each motion taken to be not agreed to under section 19(7) that includes the following information—

(i)the words of the motion;

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

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

(b)if the motion is taken to be agreed to under section 19A(4), a record of each motion that includes the following information—

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

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

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

24   When body corporate manager may be engaged to carry out functions of committee and secretary and treasurer [SM, s 74]

(1)The body corporate may—

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

(b)agree to an amendment of the engagement.

Notes—

1Under section 8, there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer.

2See also section 120 of the Act.

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

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

(b)the body corporate passes a special resolution approving the engagement or amendment; and

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

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

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

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

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

(5)The engagement of a body corporate manager under this part is void if it does not comply with this section and section  25.

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

25   Form of engagement [SM, s 75]

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

(a)be in writing; and

(b)state that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and

(c)state that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and

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

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

26   Term of engagement [SM, s 76]

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

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

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

(2)However, the body corporate may terminate the person’s engagement under chapter 6, part 4.

Note—

Under section 120(4) of the Act, the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.

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

27   Functions and powers [SM, s 77]

A body corporate manager engaged under this part has—

(a)the functions of a committee, the secretary and treasurer; and

(b)subject to any revocation under section 120(4) of the Act, the powers of a committee, the secretary and treasurer.

28   Body corporate manager’s reports to body corporate [SM, s 78]

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

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

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

(b)any matters—

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

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

Note—

See sections 99 and 107.

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

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

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

(a)the payee; and

(b)the amount; and

(c)the date the expense was incurred; and

(d)the reason the expense was incurred.

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

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

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

(7)A request under subsection (6)—

(a)must be in writing; and

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

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

Part 6    When committee member may receive particular benefits

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

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

(a)the benefit is the supply of—

(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

(b)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

30   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

31   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.

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

(1)A general meeting may be called by—

(a)if the positions of secretary and treasurer are held by 1 person—the person; or

(b)if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if 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.

32A   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 treasurer 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 32B (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.

32B   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 32A(3)(a).

33   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.

34   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—

(i)the secretary; or

(ii)in the secretary’s absence—

(A)if the positions of secretary and treasurer are held by 2 persons—the treasurer; or

(B)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 40 provides that, unless the body corporate decides otherwise, 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.

35   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 34(1).

(2)An owner of a lot by or for whom the original request was signed, or another owner of a lot who agrees to call the meeting, may call the meeting.

36   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)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.

(3)If a motion is submitted, it must be included on the next general meeting agenda on which it is practicable to include the motion.

37   Notice of general meetings [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

(iii)if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and

Note—

See also sections 38 and 39.

(c)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 79, 92, 94, 95, 115 and 145.

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

38   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 36, 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 a voting paper for the general meeting.

(3)A voting paper for a group of same-issue motions must also—

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

(b)list the motions that are part of that group in the following order—

(i)motions requiring a resolution without dissent;

(ii)motions requiring a special resolution;

(iii)motions requiring an ordinary resolution.

(4)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.

(5)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.

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

(7)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 improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows—

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

2Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution;

3Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution.

      Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 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 (7), for the group of same-issue motions.

(8)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.

(9)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.

(10)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.

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

(1)A voting paper for a group of same-issue motions must be accompanied by an explanatory schedule.

(2)The explanatory schedule must 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)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 (c)—

‘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 motion in the group of same-issue 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.’.

40   Time of general meetings [SM, s 91]

(1)Unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice of the meeting is given to owners of lots.

Note—

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

(2)A decision made by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the community titles scheme.

41   Agenda for general meeting [SM, s 93]

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

(2)The agenda must—

(a)state 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 36 by a member of the body corporate and required to be included on the agenda;

(iv)if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;

(v)if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and

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

(c)if the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and

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

(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 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 an ordinary resolution.

(e)state for each motion—

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

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

(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.

(4)In this section—

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)adopting administrative fund and sinking fund budgets for the financial year;

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

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

Division 2 Special provisions for first annual general meeting

42   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 secretary and treasurer;

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

Note—

See section 17(1)(c).

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

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

(g)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)To avoid any doubt, it is declared that an 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.

(7)Subject to section 43(4), this section does not apply to the body corporate of a community titles scheme to which section 43 applies.

43   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, under 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 42(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.

44   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, 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 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

45   Chairing general meetings [SM, s 97]

The persons who are present at a general meeting and have the right to vote at the meeting must elect 1 of the persons to chair the meeting.

46   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.

47   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 vote in a way permitted by the body corporate under section 52.

(2)A quorum at a general meeting is—

(a)if, under subsection (3), 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.

(3)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.

(4)Despite subsection (2), 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.

(5)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.

(6)Despite section 50(2), each voter present at the meeting must be counted as a voter for the meeting.

48   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 47 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)at least 1 voter is present personally; or

(b)no voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or

(c)a committee member is present personally.

Part 4    Voting at general meetings

49   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 or a service contractor.

(3)For subsection (2)(b), a person may only act as the owner’s representative in relation to more than one lot if—

(a)the owner of each lot is the same person; or

(b)for each lot—the representative is a family member of the owner of the lot; or

(c)the power of attorney is given under section 211 or section 219 of the Act.

(4)Also, 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.

(5)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.

(6)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.

(7)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.

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

(9)In this section—

family, of an individual, means the following persons—

(a)the individual’s spouse;

(b)each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child;

(c)each of the individual’s parents, including a step-parent;

(d)a brother or sister of the individual.

50   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.

51   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)If the body corporate does not appoint the representative, the representative is the secretary of the body corporate for scheme B.

(4)The first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate.

(5)The appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A.

(6)The subsidiary scheme representative must represent scheme B’s body corporate—

(a)in the way scheme B’s body corporate directs; and

(b)subject to paragraph (a), in a way that is in the best interests of scheme B.

(7)The subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate.

52   Voting at general meeting [SM, s 107]

(1)Voting at a general meeting must be done in the way the body corporate decides.

(2)A way decided by the body corporate under subsection (1)—

(a)must be fair and reasonable in the circumstances of the community titles scheme; and

(b)may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and

(c)must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.

(3)If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot.

(4)No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot.

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

(a)a motion included as an item of business on the general meeting’s agenda; or

(b)1 or more of the following—

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

(ii)a motion to amend a motion;

(iii)a motion to correct minutes.

53   Secretary to have available for inspection body corporate’s roll etc. [SM, s 113]

The secretary must have available for inspection by voters at the general meeting—

(a)the body corporate’s roll; and

(b)a list of the persons who have the right to vote at the meeting; and

(c)all proxy forms; and

(d)if a person has, in accordance with a way decided by the body corporate under section 52, exercised a written vote on a motion or otherwise clearly communicated the person’s vote to the meeting—evidence of the person’s vote.

Part 5    Other procedural matters for general meetings

54   Amendment of motions at general meetings [SM, s 115]

(1)A motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting.

(2)However, an amendment can not be made that changes the subject matter of the motion.

(3)In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—

(a)if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or

(b)if the person has cast a vote on the motion in its original form—must be counted as voting against the motion.

(4)For subsection (3), a person is taken to be present at the meeting personally if the person can immediately communicate to the meeting a vote on a motion in a way permitted by the body corporate under section 52.

55   Amendment or revocation of resolutions passed at general meeting [SM, s 116]

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

(a)a resolution without dissent;

(b)a special resolution;

(c)an ordinary resolution.

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

56   Minutes of general meetings [SM, s 117]

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

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

(3)In this section—

full and accurate minutes means minutes 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)the words of each motion voted on;

(e)for each motion voted on—

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

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

(f)if the secretary or the treasurer is elected at the meeting—the number of votes cast for each candidate;

(g)if the person chairing the meeting ruled a motion out of order—the reasons for the ruling;

(h)the time the meeting closed;

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

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

57   Performance of secretary’s functions for general meeting if meeting not called by secretary [SM, s 118]

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

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

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

Part 6    Voting other than at general meeting

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

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

Chapter 5    Proxies

Part 1    Purpose of chapter

59   Purpose of chapter [SM, s 119]

The purpose of this chapter is to prescribe matters about the appointment and use of a proxy to represent a member of the body corporate at a general meeting of the body corporate.

Part 2    Proxies for body corporate meetings—Act, section 103

60   Appointment [SM, s 128]

(1)A voter for the general meeting may appoint a proxy to act for the person at the general meeting.

(2)However, the body corporate may by special resolution prohibit the use of proxies—

(a)for particular things described in the special resolution; or

(b)altogether.

(3)An appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2).

(4)A person must not hold more than 1 proxy for a general meeting.

(5)The appointment of a proxy is effective only if the voter or the holder of the proxy gives, in a way mentioned in section 138(2), a properly completed proxy form to the secretary before—

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

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

61   Form of proxy [SM, s 129]

A proxy under this part—

(a)must be in the approved form; and

(b)must be in the English language; and

(c)can not be irrevocable; and

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

(e)lapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and

(f)may be given by any person who has the right to vote at a general meeting; and

(g)subject to the limitations contained in this part, may be given to any individual; and

(h)must appoint a named individual.

62   Use of proxy [SM, s 130]

(1)A body corporate member (member A) who is the proxy for another body corporate member (member B) may vote both in member A’s own right and also as proxy for member B.

(2)If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.

(3)A vote by proxy must not be exercised at a general meeting—

(a)if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or

(b)on a particular motion, if the person who gave the proxy is not present personally at the meeting but has, in accordance with a way decided by the body corporate under section 52, exercised a written vote on the motion or otherwise clearly communicated the person’s vote to the meeting.

(4)A proxy cannot be exercised for someone else by a body corporate manager or an associate of a body corporate manager.

63   Offence [SM, s 132]

A person must not exercise a proxy, or otherwise to purport to vote on behalf of another person, at a general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person.

Maximum penalty—100 penalty units.

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

Part 1    Preliminary

64   Purpose of chapter [SM, s 133]

The purpose of this chapter is to prescribe matters about the engagement of a person as a body corporate manager or service contractor for a community titles scheme, including matters about rights and obligations of the body corporate.

65   Application of ch 6 to chapter 3, part 5 engagements [SM, s 134]

Parts 2 and 3 do not apply to a body corporate manager acting under a chapter 3, part 5 engagement.

Part 2    Authority for engagements

66   Authority to make or amend engagement [SM, s 135]

(1)The body corporate may—

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

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

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

(a)the body corporate passes an ordinary resolution approving the engagement or amendment; and

(b)the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement or amendment includes—

(i)for an engagement—the terms of the engagement, including—

(A)when the term of the engagement begins and ends; and

(B)the term of any right or option of extension or renewal of the engagement; and

(ii)for an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and

(iii)for another agreement to amend an engagement—the terms and effect of the amendment.

Part 3    Requirements for engagements

67   Form of engagement [SM, s 137]

(1)The engagement of a person as a body corporate manager or service contractor is void if the engagement does not comply with the requirements stated in subsection (2).

(2)The engagement must be in writing and state—

(a)the term of the engagement, including—

(i)when the term begins and when it ends; and

(ii)the term of any right or option of extension or renewal of the engagement; and

(b)the functions the body corporate manager or service contractor is required or authorised to carry out; and

(c)the basis for working out payment for the body corporate manager’s or service contractor’s services; and

Examples—

1A body corporate manager’s payment could be calculated on the basis of an amount per lot.

2A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.

(d)for an engagement of a body corporate manager—any powers of the secretary or treasurer the body corporate manager is authorised to exercise.

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

68   Term of engagement of body corporate manager [SM, s 139]

(1)The term provided for in the engagement of a person as a body corporate manager, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year.

Example—

The engagement of a body corporate manager begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.

(2)If the term purports to be longer than 1 year, it is taken to be 1 year.

(3)To remove any doubt, it is declared that at the end of the term—

(a)the engagement expires; and

(b)the person can not act again as the body corporate manager without a new engagement.

69   Term of engagement of service contractor [SM, s 140]

(1)The term of the engagement of a person as a service contractor, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year.

Example—

The engagement of a service contractor begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.

(2)If the term purports to be longer than 1 year, it is taken to be 1 year.

(3)To remove any doubt, it is declared that at the end of the term—

(a)the engagement expires; and

(b)the person can not act again as a service contractor without a new engagement.

70   Commencement of term of engagement [SM, s 142]

(1)This section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor.

(2)The resolution is of no effect if the term of the engagement does not start within 12 months after the passing of the resolution.

Part 4    Termination of engagements

71   Purpose of part [SM, s 149]

This part provides for—

(a)the grounds on which the body corporate may terminate a person’s engagement as a body corporate manager or service contractor; and

(b)the steps the body corporate must follow to terminate the engagement.

72   Termination under the Act, by agreement etc. [SM, s 150]

(1)The body corporate may terminate a person’s engagement as a body corporate manager or service contractor—

(a)under the Act; or

(b)by agreement; or

(c)under the engagement.

(2)The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.

73   Termination for conviction of particular offences etc. [SM, s 151]

(1)The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation—

(a)is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or

(b)is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or

(c)carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or

(d)transfers an interest in the engagement without the body corporate’s approval.

(2)The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.

74   Termination for failure to comply with remedial action notice [SM, s 152]

(1)The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation—

(a)engages in misconduct, or is grossly negligent, in carrying out functions required under the engagement; or

(b)fails to carry out duties under the engagement; or

(c)fails to comply with section 75(2), 76(2) or 77(2); or

(d)for a body corporate manager—

(i)commits an offence under section 87(2); or

(ii)contravenes the code of conduct for body corporate managers and caretaking service contractors; or

(iii)if the body corporate manager is acting under a chapter 3, part 5 engagement—fails to give a report under section 28.

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

(a)the body corporate has given the person a remedial action notice under subsection (3); and

(b)the person fails to comply with the remedial action notice within the period stated in the notice; and

(c)the termination is approved by ordinary resolution of the body corporate.

(3)For subsection (2), a remedial action notice is a written notice stating each of the following—

(a)that the body corporate believes the person has acted in a way mentioned in subsection (1)(a) to (d);

(b)details of the action sufficient to identify—

(i)the misconduct or gross negligence the body corporate believes has happened; or

(ii)the duties the body corporate believes have not been carried out; or

(iii)the provision of the code of conduct or this regulation the body corporate believes has been contravened;

(c)that the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person—

(i)remedy the misconduct or gross negligence; or

(ii)carry out the duties; or

(iii)remedy the contravention;

(d)that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.

(4)Despite subsection (2)(a), if the person is a body corporate manager acting under a chapter 3, part 5 engagement, the owners of at least one-half of the lots included in the community titles scheme may, on behalf of the body corporate, give the person a remedial action notice.

Part 5    Disclosure requirements

75   Associate supplying goods or services [SM, s 154]

(1)This section applies if—

(a)the body corporate is considering entering into, or proposes to enter into, a contract; and

(b)the contract is for the supply of goods or services from a person (the provider); and

(c)the provider is an associate of a body corporate manager; and

(d)the body corporate manager is aware of the matters mentioned in paragraphs (a) to (c).

(2)Before the body corporate makes its decision to enter into the contract, the body corporate manager must give written notice to the body corporate disclosing the relationship between the body corporate manager and the provider.

Maximum penalty—20 penalty units.

Note—

Under section 100(1) of the Act, a decision of the committee is a decision of the body corporate.

76   Disclosure of associate contract [SM, s 155]

(1)This section applies if—

(a)the body corporate is a party to a contract; and

(b)the contract is for the supply of goods or services from a person (the provider); and

(c)the provider is an associate of a body corporate manager; and

(d)the body corporate manager is aware of the matters mentioned in paragraphs (a), (b) and (c); and

(e)to the knowledge of the body corporate manager, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the body corporate manager.

(2)The body corporate manager must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate—

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

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

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

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

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

(g)the information contained in any notice or instrument required to be given to the body corporate under sections 49, 50, 51, 136 and 140, including when the information was given; and

(h)brief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act, including when the information was given.

142   When body corporate must record information on roll [SM, s 225]

The body corporate must record information required to be contained on the roll within 14 days after the body corporate receives the information.

143   Register of assets [SM, s 226]

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

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

(a)a brief description of the asset;

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

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

(d)if the asset was purchased—

(i)the cost of the asset; and

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

(e)if the asset was a gift—

(i)its estimated value; and

(ii)the name and address of the donor.

144   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.

145   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

146   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;

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

(h)all minutes of meetings of the committee;

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

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

(k)any reconciliation statement prepared for an account kept for the sinking or administrative 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;

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

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

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

(a)notices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;

(b)notices of motion received;

(c)proxy appointment documents;

(d)notices by owners requesting general meetings;

(e)copies of instruments, notices and powers of attorney given to the body corporate under section 49, 50 or 51.

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

(1)The body corporate must allow the secretary and treasurer 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.

148   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.

148A   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.

148AA    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)whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;

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

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

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

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

(r)the most recent statement of accounts prepared under section 94;

(s)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)(r);

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

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

(3)In this section—

standard statement see section 339 of the Act.

148B    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 148(7) applies for working out the amount of a fee under this section.

148C   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.

149   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.

150   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; and

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

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

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

(iii)the original owner; and

(c)the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to—

(i)the treasurer or secretary as named in the notice; or

(ii)if a body corporate manager is acting under a chapter 3, part 5 engagement—a member of the body corporate who is named in the notice.

(2)The person must comply with the notice.

Maximum penalty—20 penalty units.

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

(4)In this section—

prescribed notice means—

(a)a notice of a resolution of the committee; or

(b)if a body corporate manager is acting under a chapter 3, part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.

Part 5    [Repealed]

151   [Repealed]

Chapter 10    Repeal and transitional provisions

Part 1    Repeal

152   Repeal [SM, s 237]

The Body Corporate and Community Management (Small Schemes Module) Regulation 2008, SL No. 272 is repealed.

Part 2    Transitional provisions

Division 1 Purposes, definitions and general approach

153   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.

154   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 (Small Schemes Module) Regulation 2008.

155   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.

156   Terminology in things mentioned in s 155(1) [SM, s 241]

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

(a)any of the things mentioned in section 155(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.

157   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.

158   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 68 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.

159   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.

160   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

161   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.

162   General meetings of body corporate called before commencement [SM, s 247]

(1)This section applies to a general meeting of a body corporate 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 161—

(a)a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and

(b)repealed section 34 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

(c)repealed sections 38 and 40 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.

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

(1)Section 100(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 100(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 100(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 under section 116(1), 117(2) or 118(2), is included on scheme land.

(4)However, section 100(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 under section 116(1), 117(2) or 118(2), is included on scheme land.

164   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.

165   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 71(2); and

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

(2)Repealed section 71 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.

166   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.

167   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 127 before the commencement.

(2)Section 141(2)(g) does not apply to the notice.

(3)However, to the extent the notice contains any information mentioned in section 141(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.

(4)The period mentioned in section 142 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.

168   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 135, the email address is taken to be an email address nominated under section 135(2).

(3)In this section—

document includes a notice.

relevant person see section 134.

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

169   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.

170   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 or request has not been decided.

(2)If the body corporate or the committee considers the motion or request 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.

171   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 23 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 23.

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 23(4).

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 23(4).

172   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 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 103(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 103 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Titles Act 1994.

173   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 103; and

(b)immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 103(5)(a).

(2)New section 103 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

174   Easements over common property—executed document

(1)This section applies if—

(a)before the commencement, a body corporate had, under former section 104—

(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 104 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994.

175   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 104; 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 104(3)(a).

(2)New section 104 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

176   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 44, required to provide documents and materials to a body corporate; and

(b)had not provided the documents or materials.

(2)New section 150 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.

associated general meeting material, for chapter 9, part 4, see section 146(6).

authorised action or document, for chapter 10, part 2, see section 154.

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—

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

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

building, for chapter 8, part 6, see section 114.

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

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

corporate owner, of a lot included in a community titles scheme, means a corporation that is the owner of the lot.

Note—

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 154.

damage, for chapter 8, part 6, see section 114.

date for payment see section 82(1)(c).

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 section 116(1), 117(2) or 118(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.

document, for chapter 9, part 2, see section 134.

group of same-issue motions see section 38(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 154.

meeting rules see section 7(b).

non-recurrent, for expenditure, means not recurrent.

obligation, for chapter 10, part 2, see section 154.

original motion see section 38(1).

reconciliation statement see section 89(2).

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

reinstatement insurance means insurance taken out under section 117 or 118.

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

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

(b)at any time there is no amount set, an amount worked out by multiplying $200 by the number of lots included in the scheme.

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

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

(b)at any time there is no amount set, an amount worked out by multiplying the number of lots included in the scheme by $1,100.

relevant person, for chapter 9, part 2, see section 134.

repealed, for chapter 10, part 2, see section 154.

repealed provision, for chapter 10, part 2, see section 154.

repealed regulation, for chapter 10, part 2, see section 154.

requested extraordinary general meeting see section 34(1).

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

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

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

roll, of a body corporate, means the roll prepared and kept by the body corporate under section 141.

scheme A see section 51(1).

scheme B see section 51(1).

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.

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

subsidiary scheme representative see section 51(2).

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

voluntary insurance scheme see section 123(2).

voter, for a general meeting of a body corporate, see section 49(1).

voting member see section 10(4).