Body Corporate and Community Management (Standard Module) Regulation 1997 (QLD)
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Queensland Body Corporate and Community Management Act 1997 Body Corporate and Community Management (Standard Module) Regulation 1997 Reprinted as in force on 1 January 2008 Reprint No. 4A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 SL No. 273 s 208
Information about this reprint This regulation is reprinted as at 1 January 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Body Corporate and Community Management (Standard Module) Regulation 1997 Contents Part 1 1 3 4 5 Part 2 6 Part 3 Division 1 7 8 Division 2 9 9A Division 3 10 Division 4 11 12 13 13A 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Application of this regulation—Act, s 21. . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Community management statements Permitted inclusions—Act, s 66 . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Body corporate committee Preliminary Requirement for committee—Act, s 98. . . . . . . . . . . . . . . . . . . . . 13 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Composition—Act, s 99 Composition of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Non-voting members of committee. . . . . . . . . . . . . . . . . . . . . . . . 14 Eligibility—Act, s 99 Eligibility for committee membership . . . . . . . . . . . . . . . . . . . . . . 15 Choosing of committee—Act, s 99 When committee is chosen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Election of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Nomination procedures for election of committee other than at first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Requirements for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Modified nomination procedures for election of committee at first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2 Body Corporate and Community Management (Standard Module) Regulation 1997 15 16 17 18 19 20 21 22 23 Division 4A 24 24A 24B 24C Division 5 25 Division 5AA 25AA 25AB Division 5A 25A 25B 25C 25D 25E 25F Division 6 26 Division 7 27 Modified election procedures for election of committee at first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of elections for committee by secret ballot . . . . . . . . . . . Conduct of elections for committee by open ballot. . . . . . . . . . . . Election of ordinary members of committee . . . . . . . . . . . . . . . . . Conduct of ballot—general requirements . . . . . . . . . . . . . . . . . . . Conduct of ballot—scrutiny of votes . . . . . . . . . . . . . . . . . . . . . . . Conduct of ballot—deciding executive member positions . . . . . . Conduct of ballot—deciding ordinary member positions . . . . . . . Conduct of ballot—declaration of voting results . . . . . . . . . . . . . . Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 Definitions for div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to call extraordinary general meeting . . . . . . . . . . . Appointment of committee member at extraordinary general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engagement of body corporate manager under div 10 at extraordinary general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office of committee—Act, s 99 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removing committee voting member for breaching code of conduct—Act, section 101B Notice for breach of code of conduct . . . . . . . . . . . . . . . . . . . . . . Removal of member at general meeting . . . . . . . . . . . . . . . . . . . Filling casual vacancies on committee—Act, s 99 Application of div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of member removed from office by body corporate Committee must appoint new member or call general meeting of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for notice of general meeting. . . . . . . . . . . . . . . . . Election of committee member at general meeting . . . . . . . . . . . Engagement of body corporate manager under div 10 at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restricted issues Restricted issues for committee—Act, s 100 . . . . . . . . . . . . . . . . Administrative arrangements for committee meetings—Act, s 101 Who may call committee meetings. . . . . . . . . . . . . . . . . . . . . . . . 21 21 24 26 26 27 28 29 30 32 32 33 33 34 35 36 36 37 37 37 38 39 40 42
3 Body Corporate and Community Management (Standard Module) Regulation 1997 28 29 30 31 32 32A 32B Division 8 33 34 35 Division 9 36 37 37A Division 10 Subdivision 1 37B 37C 37D Subdivision 2 37E Subdivision 3 37F Part 4 Division 1 38 Division 2 39 40 41 42 42A 42B Notice of committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda for committee meetings. . . . . . . . . . . . . . . . . . . . . . . . . . Chairing committee meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance at committee meetings—non-voting members . . . . . Attendance at committee meetings—non members . . . . . . . . . . Voting at committee meetings—Act, s 101 Voting at committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting outside committee meetings . . . . . . . . . . . . . . . . . . . . . . . General matters for committee meetings—Act, s 101 Minutes and other records of committee . . . . . . . . . . . . . . . . . . . Carrying out resolutions of committee meetings . . . . . . . . . . . . . Reporting particular payments to committee . . . . . . . . . . . . . . . . Engagement of body corporate manager to carry out functions of committee and executive members Engagement of body corporate manager When body corporate manager may be engaged to carry out functions of a committee and its executive members . . . . . . . . . . Form of engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions and powers of body corporate manager Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports to body corporate Body corporate manager’s reports to body corporate . . . . . . . . . General meetings Purpose of part Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative arrangements for general meetings—Act, s 104 Types of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may call general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity to submit agenda motions . . . . . . . . . . . . . . . . . . . . Notice of general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for voting papers . . . . . . . . . . . . . . . . . . . . . . . . . . Motion with alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 44 44 44 45 46 47 47 48 49 51 52 53 55 55 56 56 58 58 58 59 60 61 63
42C 43 44 45 46 47 48 Division 3 49 49A 50 51 52 53 53A 53B 54 55 56 Division 4 57 58 59 Division 5 60 61 61A 61B Division 6 62 62A 63 4 Body Corporate and Community Management (Standard Module) Regulation 1997 Explanatory material accompanying voting paper . . . . . . . . . . . . Time of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda for general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairing general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of person chairing meeting to rule motion out of order . . . Quorum for general meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at general meetings—Act, s 104 Meaning of voter for general meeting. . . . . . . . . . . . . . . . . . . . . . Displacement or disentitlement of right to vote . . . . . . . . . . . . . . Representation of body corporate . . . . . . . . . . . . . . . . . . . . . . . . Exercise of vote at general meetings . . . . . . . . . . . . . . . . . . . . . . Voting at general meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When motion must be decided by secret ballot . . . . . . . . . . . . . . How secret ballot must be conducted. . . . . . . . . . . . . . . . . . . . . . Conduct of secret ballot—voting. . . . . . . . . . . . . . . . . . . . . . . . . . Appointment and functions of returning officer. . . . . . . . . . . . . . . Secretary to have available for inspection body corporate roll etc. Declaration of voting results on motions. . . . . . . . . . . . . . . . . . . . Procedures at general meeting—Act, s 104 Amendment of motions at general meetings . . . . . . . . . . . . . . . . Amendment or revocation of resolutions passed at general meeting ........................................ Minutes of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters for general meetings—Act, s 104 Requirement for annual general meetings . . . . . . . . . . . . . . . . . . Requirement for requested extraordinary general meeting . . . . . Failure to call requested extraordinary general meeting . . . . . . . Performance of secretary’s functions for general meeting if meeting not called by secretary . . . . . . . . . . . . . . . . . . . . . . . . . . First annual general meeting—Act, s 104 First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . First annual general meeting—scheme established by amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents and materials to be handed over to body corporate at first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 66 66 66 67 68 69 70 72 72 73 74 75 76 78 79 80 80 81 82 82 83 83 84 84 85 86 87
Part 5 Division 1 64 Division 2 65 66 66A 67 68 69 70 Division 3 71 72 73 74 75 76 Part 6 Division 1 77 77A Division 2 77B 78 79 80 81 82 83 Division 3 84 85 5 Body Corporate and Community Management (Standard Module) Regulation 1997 Proxies Purpose of part Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for committee members—Act, s 102 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on voting by proxy—committee for body corporate for principal scheme in layered arrangement . . . . . . . . . . . . . . . . Restrictions on appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions about proxy use . . . . . . . . . . . . . . . . . . . . . . . Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proxies for body corporate members—Act, s 103 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions about proxy use . . . . . . . . . . . . . . . . . . . . . . . Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate managers, service contractors and letting agents Preliminary Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 6 to part 3, division 10 engagements. . . . . . . . . Requirements for engagements and authorisations—Act, s 122 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of engagement of body corporate manager . . . . . . . . . . . . Term of engagement of service contractor . . . . . . . . . . . . . . . . . . Term of authorisation of letting agent . . . . . . . . . . . . . . . . . . . . . . Commencement of term of engagement or authorisation . . . . . . Transferring engagements and authorisations—Act, s 122 Transferring engagements and authorisations . . . . . . . . . . . . . . . Payment of amount on transfer . . . . . . . . . . . . . . . . . . . . . . . . . . 89 89 89 90 90 90 91 91 91 92 92 93 94 95 96 96 96 97 97 98 98 99 100 100 102
6 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 4 86 86A 86B 86C Division 5 87 Division 6 87A 88 89 90 Division 7 91 91A Division 8 92 Part 7 Division 1 93 Division 2 94 94A Division 3 95 96 97 98 Division 3A 99 Division 4 100 100A Termination of engagements and authorisations—Act, s 122 Purpose of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination under the Act, by agreement etc. . . . . . . . . . . . . . . . Termination for conviction of particular offences etc. . . . . . . . . . . Termination for failure to comply with remedial action notice . . . . Authority for engagements and authorisations—Act, s 122 Authority to make engagement or give authorisation, or amend engagement or authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure requirements—Act, s 122 Definition for div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Associate supplying goods or services . . . . . . . . . . . . . . . . . . . . Disclosure of associate contract. . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of commission or other benefit . . . . . . . . . . . . . . . . . . Occupation of common property—Act, s 122 Occupation of common property by service contractor or letting agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupation of common property by service contractor may include right of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of remuneration—Act, s 129 Review of remuneration under engagement of service contractor Financial management Purpose of part Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budgets—Act, s 150 Budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjusting proposed budgets at annual general meeting . . . . . . . Contributions levied by body corporate—Act, s 150 Contributions to be levied on owners . . . . . . . . . . . . . . . . . . . . . . Notice of contribution payable . . . . . . . . . . . . . . . . . . . . . . . . . . . Discounts for timely payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment and enforcement of body corporate debts Payment and recovery of body corporate debts. . . . . . . . . . . . . . Administrative and sinking funds—Act, s 150 Administrative and sinking funds . . . . . . . . . . . . . . . . . . . . . . . . . Administration of administrative or sinking fund by body corporate manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 103 104 105 107 108 109 109 110 111 113 113 114 114 116 117 118 119 119 120 121 122
101 101A Division 5 102 Division 6 103 104 Division 7 105 106 107 Part 8 Division 1 108 Division 2 109 110 111 112 113 114 Division 3 115 116 117 Division 4 118 Division 5 119 Division 6 120 Division 7 121 7 Body Corporate and Community Management (Standard Module) Regulation 1997 Application of administrative and sinking funds . . . . . . . . . . . . . . Reconciliation statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Borrowing—Act, s 150 Power to borrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of spending—Act, s 150 Spending by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quotes for major spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts and audit—Act, s 150 Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auditing qualifications and experience—Act, sch 6 . . . . . . . . . . . Property management Purpose of part Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common property Duties of body corporate about common property—Act, s 152 . . Mailbox and notice board—Act, s 153 . . . . . . . . . . . . . . . . . . . . . Disposal of interest in and leasing or licensing of common property—Act, s 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Easements over common property—Act, s 155. . . . . . . . . . . . . . Improvements to common property by body corporate—Act, s 159 .......................................... Improvements to common property by lot owner—Act, s 159 . . . Body corporate assets Duties of body corporate about body corporate assets—Act, s 152 .......................................... Acquisition of amenities for benefit of lot owners—Act, s 156 . . . Dealing with (including disposal of) body corporate assets—Act, s 157 ............................... Agreement with another body corporate Sharing facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Services for and obligations of owners and occupiers Supply of services by body corporate—Act, s 158. . . . . . . . . . . . Condition of lot Obligations of owners and occupiers—Act, s 160 . . . . . . . . . . . . Power to act for owners and occupiers Body corporate may carry out work required of owners and occupiers—Act, s 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 124 125 125 126 128 129 130 131 131 133 133 135 136 136 137 137 138 139 140 141 141
122 Division 8 123 124 125 Division 9 126 126A 127 128 129 130 131 132 133 134 135 136 137 Part 9 Division 1 138 Division 2 139 Division 3 140 141 142 Division 4 143 144 145 146 147 8 Body Corporate and Community Management (Standard Module) Regulation 1997 Body corporate’s power to take action to remedy defective building work—Act, s 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusive use by-laws Conditions and obligations under exclusive use by-law—Act, s 173 .......................................... Improvements—Act, s 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of amount owed—Act, s 173 . . . . . . . . . . . . . . . . . . . . Insurance—Act, s 189 Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of insurance details at annual general meeting . . . . . Insurance of common property and body corporate assets . . . . . Insurance of building including lots. . . . . . . . . . . . . . . . . . . . . . . . Insurance for buildings with common walls . . . . . . . . . . . . . . . . . Premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements affecting premium . . . . . . . . . . . . . . . . . . . . . . . . . Use affecting premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Excess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance for buildings with no common walls . . . . . . . . . . . . . . . Combined policy of insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . Public risk insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of insurance money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative matters Purpose of part Purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Body corporate’s seal—Act, s 34 Body corporate’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices—Act, s 201 Notices for roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address for service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rolls and registers—Act, s 204 Roll of lots and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of engagements and authorisations. . . . . . . . . . . . . . . . Register of authorisations affecting the common property . . . . . . Register of allocations under exclusive use by-law . . . . . . . . . . . 142 142 143 144 144 145 146 146 148 149 150 151 151 152 154 154 155 156 156 157 159 159 159 160 161 162 163
9 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 5 148 149 150 151 Part 10 152 153 Part 11 154 155 156 157 158 159 160 161 162 Part 12 163 Schedule Documents and information Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping and disposal of records—Act, s 204. . . . . . . . . . . . . . . . Access to records—Act, s 204 . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for information given to interested persons—Act, s 205 . . . . Miscellaneous Return of body corporate property—Act, s 322 . . . . . . . . . . . . . . Documents in custody of body corporate manager—Act, s 322 . Transitional provisions for BodyCorporateandCommunityManagement Legislation Amendment Regulation (No. 1)2003 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing committees—composition. . . . . . . . . . . . . . . . . . . . . . . . Existing committee members—eligibility . . . . . . . . . . . . . . . . . . . Existing decisions of committee about payment of remuneration etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General meetings of body corporate and committee meetings called before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing engagements and authorisations . . . . . . . . . . . . . . . . . . Application of new requirements to existing body corporate managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing body corporate debts . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing policies of insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other transitional provisions Transitional provision for Audit Legislation Amendment Act 2006 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 165 167 167 168 169 170 170 171 171 171 172 172 173 173 173 175 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 179 180 180 181 181 182
s 1 11 s 5 Body Corporate and Community Management (Standard Module) Regulation 1997 Body Corporate and Community Management (Standard Module) Regulation 1997 [as amended by all amendments that commenced on or before 1 January 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Body Corporate and Community Management (Standard Module) Regulation 1997 . 3 Application of this regulation—Act, s 21 (1) This regulation is a regulation module for the Act. (2) This regulation is the regulation module that applies to a community titles scheme if no other regulation module applies to it. 1 4 Dictionary The dictionary in the schedule defines particular words used in this regulation. 5 References (1) In a provision of this regulation about a community titles scheme, a reference to— 1 See also section 21 (Meaning of regulation module ) of the Act.
s 6 12 s 6 Body Corporate and Community Management (Standard Module) Regulation 1997 (a) the committee, is a reference to the committee for the body corporate for the scheme; and (b) the chairperson, is a reference to the chairperson of the body corporate for the scheme; and (c) the secretary, is a reference to the secretary of the body corporate for the scheme; and (d) the treasurer, is a reference to the treasurer of the body corporate for the scheme. 2 (2) If, for a community titles scheme, a body corporate manager is acting under a part 3, division 10 engagement, a reference in this regulation to the committee, chairperson, secretary or treasurer of the body corporate for the scheme is, if the context permits, a reference to the body corporate manager. Example — Sections 26, 41(1)(b), 45, 103 and 104 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a part 3, division 10 engagement. Part 2 Community management statements 6 Permitted inclusions—Act, s 66 A community management statement may include the following— (a) arrangements for future connections to utility infrastructure necessary to accommodate progressive development; (b) provisions adopting and regulating the operation of an architectural and landscape code, including the establishment and operation of an architectural review committee; 2 See also section 8 (References) of the Act.
s 7 13 s 8 Body Corporate and Community Management (Standard Module) Regulation 1997 (c) if the scheme is the principal scheme in a layered arrangement of community titles schemes, or in a scheme intended to be developed progressively—arrangements or proposed arrangements with subsidiary schemes for the use, by the subsidiary schemes, of the common property or body corporate assets for the principal scheme. Example for paragraph (c) — The principal scheme might allow a subsidiary scheme to allocate carparks situated on the common property for the principal scheme. Part 3 Body corporate committee Division 1 Preliminary 7 Requirement for committee—Act, s 98 (1) There must, unless subsection (2) applies, be a committee for the body corporate for a community titles scheme. (2) There is no committee for the body corporate if the body corporate engages, under division 10, a body corporate manager to carry out the functions of a committee and each executive member of a committee. 8 Purpose of pt 3 The purposes of this part are— (a) to provide for the composition of a committee for the body corporate for a community titles scheme, the choosing of members of the committee and meetings of the committee; and (b) to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee.
s 9 14 s 9A Body Corporate and Community Management(Standard Module) Regulation 1997 Division 2 Composition—Act, s 99 9 Composition of committee (1) The committee consists of— (a) the persons chosen to be the executive members of the committee; and (b) if ordinary members are chosen for the committee—the ordinary members; and (c) each person who is a non-voting member of the committee. (2) The one person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (3) Subject to subsection (4), the committee must consist of the required number of members for the committee. (4) Subsection (3) does not apply to a committee mentioned in section 11(3) or (4). (5) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 3 of the Act to exercise some or all of the powers of an executive member of the committee. 9A Non-voting members of committee (1) The following persons are, without further election or appointment, members of the committee— (a) a body corporate manager for the scheme; (b) a caretaking service contractor for the scheme. (2) A person who is a member under this section is a non-voting member of the committee. 3 Section 119 (Schemes for which there is a committee for the body corporate) of the Act
s 10 15 s 10 Body Corporate and Community Management (Standard Module) Regulation 1997 (3) Subsection (2) applies even if the person is a member of the body corporate. (4) A non-voting member is not entitled to vote at a meeting of the committee. Division 3 Eligibility—Act, s 99 10 Eligibility for committee membership (1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— (a) a member of the body corporate; or (b) a person of a following category— (i) if the nominating entity is an individual— (A) a member of the individual’s family; or (B) a person acting under the authority of a power of attorney given by the individual; (ii) if the nominating entity is a corporation—a director, secretary or other nominee of the corporation; (iii) if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a representative of the subsidiary scheme. (2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is not eligible to be a voting member of the committee if the person is— (a) a body corporate manager, service contractor or letting agent; or (b) an associate of a body corporate manager, service contractor or letting agent (other than a lot owner who is the associate of a letting agent merely because the
s 10 16 s 10 Body Corporate and Community Management (Standard Module) Regulation 1997 letting agent, in conducting the agent’s letting agent business, acts for the lot owner); or (c) a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme. (3) Also, a member of the body corporate— (a) is not eligible to be a voting member of the committee if the member owes a body corporate debt when the members of the committee are chosen; and (b) may not nominate a person for membership of the committee if the member owes a body corporate debt when the nomination is received by the secretary. (4) Unless otherwise permitted under this regulation, 4 only 1 co-owner of a lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. (5) In this section— family , of a nominating entity who is an individual, means the following persons— (a) the individual’s spouse; (b) each of the children of the individual or the individual’s spouse who is 18 years or more, including a step child or an adopted child; (c) each of the individual’s parents, including a step parent; (d) a brother or sister of the individual. 4 See, for example— • section 22 (Conduct of ballot—deciding ordinary member positions) • section 24B (Appointment of committee member at extraordinary general meeting) • section 25E (Election of committee member at general meeting).
s 11 17 s 11 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 4 Choosing of committee—Act, s 99 11 When committee is chosen (1) The choosing of the members of the committee must happen at each annual general meeting of the body corporate. (1A) Also, members of the committee may be chosen other than at an annual general meeting if they are chosen under division 4A or 5A. 5 (2) Subsection (1) does not apply for an annual general meeting if, when the annual general meeting is held— (a) there are only 2 lots included in the scheme, and the 2 lots are in identical ownership; or (b) there are only 2 lots included in the scheme, and the 2 lots are in different ownership; or (c) there are 3 or more lots included in the scheme, and all of the lots are in identical ownership; or (d) there are 3 or more lots included in the scheme, and there are only 2 different owners for all the lots. (3) If subsection (2)(a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (4) If subsection (2)(b) or (d) applies, the committee consists of 2 individuals who are owners, or the nominees of owners, of lots, and they must decide between themselves who are to hold the positions of the executive members of the committee (and, if they can not agree, the positions of the executive members are jointly held by both of them). (5) If, under subsection (3), at the first annual general meeting of the body corporate the committee formed at the meeting consists of only 1 individual, the committee may be chosen at 5 Division 4A (Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99) or 5A (Filling casual vacancies on committee—Act, s 99)
s 12 18 s 12 Body Corporate and Community Management (Standard Module) Regulation 1997 an extraordinary general meeting held before the next annual general meeting after the first annual general meeting. (6) This division applies to an extraordinary general meeting mentioned in subsection (5) as if the extraordinary general meeting was the next annual general meeting after the first annual general meeting. (7) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under division 10 a body corporate manager to carry out the functions of a committee and each executive member of a committee. 12 Election of committee (1) The members of the committee must be chosen by an election conducted in accordance with sections 13 to 22, unless the body corporate decides by special resolution that the members are to be elected in another way. (2) Unless otherwise provided under this regulation, 6 the election of a member must be by ballot. (3) A ballot for membership of the committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot. (4) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (5) For subsection (4), it is immaterial whether there are 2 or more co-owners of 1 or more of the lots. (6) A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme. (7) This section does not apply to— 6 See, for example, section 18 (Election of ordinary members of committee).
s 13 19 s 13 Body Corporate and Community Management (Standard Module) Regulation 1997 (a) a member of a committee mentioned in section 11(3) or (4); or (b) a member of a committee chosen under division 4A or 5A. 13 Nomination procedures for election of committee other than at first annual general meeting (1) This section states how individuals are nominated for election (other than an election held at the first annual general meeting for the scheme) as chairperson, secretary, treasurer or ordinary member of the committee. (2) The secretary must serve a notice on each lot owner shown on the body corporate’s roll, inviting each lot owner— (a) if the lot owner is an individual—to nominate— (i) the lot owner; or (ii) another individual who is a lot owner or who may be nominated by the lot owner in accordance with section 10(1)(b)(i); or (b) if the lot owner is not an individual—to nominate an individual who is a lot owner or who may be nominated by the lot owner in accordance with section 10(1)(b)(ii) or (iii). (3) The notice must state that— (a) the lot owner is not eligible to be a member of the committee if the lot owner owes a body corporate debt when the members of the committee are chosen; and (b) the lot owner may not nominate a person for membership of the committee if the lot owner owes a body corporate debt when the nomination is received by the secretary. (4) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. 7 7 See also section 41 (Opportunity to submit agenda motions).
s 13A 20 Body Corporate and Community Management(Standard Module) Regulation 1997 s 13A (5) Nominations must comply with section 13A and must be given to the secretary by the end of the body corporate’s financial year. (6) As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging that the nomination has been received. 13A Requirements for nominations (1) For section 13, a nomination must be made by written notice and— (a) if the nomination is from a lot owner nominating the lot owner—must be signed and dated by the lot owner; or (b) if the nomination is from a lot owner nominating an individual other than the lot owner— (i) must be signed and dated by the individual; and (ii) must be countersigned by the lot owner, or a person acting under the authority of the lot owner; and (iii) must state the lot owner’s lot number. (2) A nomination must contain each of the following details— (a) the surname and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; (b) the position or positions the candidate is nominated for; (c) whether the candidate is a lot owner; (d) if the candidate is not a lot owner— (i) the candidate’s residential or business address; and (ii) the category of person mentioned in section 10(1)(b) to which the candidate belongs; (e) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.
s 14 21 s 16 Body Corporate and Community Management (Standard Module) Regulation 1997 Example of a payment for paragraph (e) — payment of the candidate’s expenses for travelling to committee meetings 14 Modified nomination procedures for election of committee at first annual general meeting (1) This section states how individuals are nominated for election as an executive or ordinary member of the committee if, under this division, an election must be held at the first annual general meeting for the scheme. (2) The nominations are to be given at the meeting, and must be given in either of the following ways— (a) orally from the floor of the meeting; (b) in writing handed to the person chairing the meeting. 15 Modified election procedures for election of committee at first annual general meeting If, under this division, an election must be held at the first annual general meeting for the scheme— (a) the duties imposed on the secretary under this division must be carried out by the original owner; and (b) the provisions of this division for the election of the committee are modified to the extent that they are inconsistent with the following— (i) no ballot-papers need be issued before the meeting; (ii) to be entitled to vote, a person must be present at the meeting. 16 Conduct of elections for committee by secret ballot (1) This section states how an election for the committee is held by secret ballot. (2) After nominations close, the secretary must prepare ballot-papers for each of the following for which a ballot is required—
s 16 22 s 16 Body Corporate and Community Management (Standard Module) Regulation 1997 (a) chairperson; (b) secretary; (c) treasurer; (d) ordinary members of the committee. (3) Each ballot must be conducted separately. (4) However, the separate ballots mentioned in subsection (3) may, but need not, appear on the one document. (5) For each ballot, the secretary must, if satisfied the nominations comply with this regulation, 8 state the names of the properly nominated candidates in alphabetical order of surname, showing— (a) after each name, a blank space for voting purposes; and (b) whether the candidate is a lot owner; and (c) if the candidate is not a lot owner— (i) the name and lot number of the lot owner who nominated the candidate; and (ii) the candidate’s residential or business address; and (iii) the category of person mentioned in section 10(1)(b) to which the candidate belongs; and (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. (6) The secretary must forward, with the notices for the annual general meeting— (a) the ballot-papers; and (b) an envelope marked ‘ballot-paper’; and (c) either of the following— (i) a separate particulars envelope; 8 See, for example— • section 10 (Eligibility for committee membership) • section 13A (Requirements for nominations).
s 16 23 s 16 Body Corporate and Community Management (Standard Module) Regulation 1997 (ii) a particulars tab that forms part of the ballot-paper envelope but that a person may detach without unsealing or otherwise opening the ballot-paper envelope. (7) To vote, a person must— (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and (b) for a ballot for the ordinary member positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and (c) place the ballot-paper in the ballot-paper envelope supplied by the secretary and seal it; and (d) if a separate particulars envelope is supplied—place the sealed ballot-paper envelope in the separate envelope and seal it; and (e) complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and inserting the following information on, the envelope or tab— (i) the number of the lot for which the vote is exercised; (ii) the name of the owner of the lot; (iii) the name of the person having the right to vote; (iv) the basis on which the person has the right to vote; and (f) give the completed particulars envelope with the ballot-paper envelope enclosed, or the ballot-paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting. (8) When a ballot is held—
s 17 24 s 17 Body Corporate and Community Management (Standard Module) Regulation 1997 (a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot-paper, ballot-paper envelope and particulars envelope or tab, and vote in the way this section provides; and (b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the particulars envelope, or the ballot-paper envelope with particulars tab attached, for the vote already made can be readily identified and withdrawn, ask the secretary for a ballot-paper, ballot-paper envelope and particulars envelope or tab, and vote in the way this section provides. (9) All completed ballot-papers received before the annual general meeting ends are to be held in the custody of the secretary. 17 Conduct of elections for committee by open ballot (1) This section states how an election for the committee is held by open ballot. (2) After nominations close, the secretary must prepare ballot-papers for each of the following for which a ballot is required— (a) chairperson; (b) secretary; (c) treasurer; (d) the ordinary members of the committee. (3) Each ballot must be conducted separately. (4) However, the separate ballots mentioned in subsection (3) may, but need not, appear on the one document. (5) For each ballot, the secretary must, if satisfied the nominations comply with this regulation, list the names of the properly nominated candidates in alphabetical order of surname, showing— (a) after each name, a blank space for voting purposes; and (b) whether the candidate is a lot owner; and
s 17 25 s 17 Body Corporate and Community Management (Standard Module) Regulation 1997 (c) if the candidate is not a lot owner— (i) the name and lot number of the lot owner who nominated the candidate; and (ii) the candidate’s residential or business address; and (iii) the category of person mentioned in section 10(1)(b) to which the candidate belongs; and (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. (6) The secretary must forward the ballot-papers, and an envelope marked ‘ballot-paper’ self-addressed to the secretary, with the notices for the annual general meeting. (7) To vote, a person must— (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and (b) for a ballot for the ordinary member positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and (c) sign each ballot-paper the voter completes; and (d) on each completed ballot-paper, write the number of the lot for which the vote is exercised; and (e) if the ballot-paper is not completed at the annual general meeting— (i) place the ballot-paper in the ballot-paper envelope supplied by the secretary; and (ii) seal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d); and (iii) give the ballot-paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the general meeting; and
s 18 26 s 19 Body Corporate and Community Management (Standard Module) Regulation 1997 (f) if the ballot-paper is completed at the annual general meeting—give the ballot-paper to the secretary before or at the meeting. (8) When a ballot is held— (a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot-paper, and vote in the way this section provides; and (b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the vote already made can be readily identified and withdrawn, ask the secretary for a ballot-paper and vote in the way this section provides. (9) All completed ballot-papers received before the annual general meeting ends are to be held in the custody of the secretary. 18 Election of ordinary members of committee (1) A person nominated as an ordinary member of the committee becomes an ordinary member of the committee on the basis of the nomination unless it is necessary to have a ballot. (2) It is necessary to have a ballot for ordinary members of the committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the committee), plus the number of executive members of the committee, is more than the required number of members for the committee. 19 Conduct of ballot—general requirements (1) Unless section 37B(4) 9 applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting. 9 Section 37B (When body corporate manager may be engaged to carry out functions of a committee and its executive members)
s 20 27 s 20 Body Corporate and Community Management (Standard Module) Regulation 1997 (2) The election of members takes effect immediately after the close of the meeting at which they are elected. (3) The ballots for the positions on the committee for which ballots are required must be conducted in the following order— • chairperson • secretary • treasurer • ordinary members. (4) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot. (5) Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count. (6) The secretary must pass any ballot-papers, particulars envelopes and ballot-paper envelopes for the ballot to the person chairing the meeting for counting. 20 Conduct of ballot—scrutiny of votes (1) If a ballot for positions on the committee is an open ballot, the person chairing the meeting must— (a) confirm, by a scrutiny of the details on the back of each ballot-paper envelope or each ballot-paper itself, that the ballot-paper is the vote of a person who has the right to vote in the election; and (b) if a ballot-paper is in a ballot-paper envelope—take the ballot-paper out of the envelope. (2) If a ballot for positions on the committee is a secret ballot, the person chairing the meeting must— (a) confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the ballot-paper is the vote of a person who has the right to vote in the election; and
s 21 28 s 21 Body Corporate and Community Management (Standard Module) Regulation 1997 (b) take the ballot-paper envelope out of the particulars envelope, or detach the particulars tab from the ballot-paper envelope; and (c) place the ballot-paper envelope in a receptacle in open view of the meeting; and (d) after paragraph (c) has been complied with for all ballot-paper envelopes, randomly mix the envelopes; and (e) take each ballot-paper out of its envelope. (3) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting. 21 Conduct of ballot—deciding executive member positions (1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting must declare the person to have been elected unopposed. (2) If for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting must invite nominations for the position at the meeting, and must accept nominations made in either of the following ways— (a) by members of the body corporate who are present at the meeting and eligible for election to the position; (b) in writing, by members of the body corporate not present at the meeting, but who are eligible for election to the position. (3) A member of the body corporate may nominate, under subsection (2), not more than 1 person for the position. (4) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 13 for a position on the committee. (5) If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected. (6) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a
s 22 29 s 22 Body Corporate and Community Management (Standard Module) Regulation 1997 higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. 22 Conduct of ballot—deciding ordinary member positions (1) The positions of the ordinary members of the committee are decided only after the executive member positions on the committee are filled. (2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting. (3) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is not more than the required number of members for the committee, the person chairing the meeting must declare the candidates to have been elected as ordinary members. (4) However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is less than the required number of members for the committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all committee members to not more than the required number of members for the committee. (5) If nominations are called for under subsection (4) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3. (6) The person chairing the meeting must invite nominations for the position or positions at the meeting, and must accept nominations made in either of the following ways— (a) by members of the body corporate who are present at the meeting and eligible for election to the position;
s 23 30 s 23 Body Corporate and Community Management (Standard Module) Regulation 1997 (b) in writing, by members of the body corporate not present at the meeting, but who are eligible for election to the position. (7) A member of the body corporate may nominate, under subsection (6), not more than 1 person for all ordinary member positions for which nominations are invited. (8) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 13 for a position on the committee. (9) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is more than the required number of members for the committee, the person chairing the meeting must proceed with the scrutiny of the ballot-papers relating to the ordinary member positions. (10) The persons who receive the highest numbers of votes, in descending order until the committee numbers the required number of members for the committee, must be declared elected as the ordinary members. (11) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides. (12) For the counting of votes for positions of ordinary members of the committee on ballot-papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void. 23 Conduct of ballot—declaration of voting results (1) The person chairing a general meeting must declare the result of an election. (2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.
s 23 31 s 23 Body Corporate and Community Management (Standard Module) Regulation 1997 (3) The number of votes cast for each candidate must be recorded in the minutes of the general meeting. (4) The voting tally-sheet kept for the general meeting must include, for each ballot that is an open ballot under this division— (a) a list of the votes, identified by lot number, rejected as informal; and (b) for each vote rejected—the reason for the rejection; and (c) the total number of votes counted for each candidate. (5) The voting tally-sheet kept for the general meeting must include, for each ballot that is a secret ballot under this division— (a) a list of the votes, identified by lot number, rejected from the count before the enclosing ballot-paper envelopes were opened; and (b) a list of the votes taken out of ballot-paper envelopes for counting, but rejected as informal; and (c) for each vote rejected—the reason for the rejection; and (d) the total number of votes counted for each candidate. (6) The voting tally sheet may be inspected at the meeting by any of the following persons— (a) a person who is a voter for the meeting; (b) a candidate; (c) the returning officer, if any, appointed by the body corporate for the meeting; (d) the person chairing the meeting; (e) a scrutineer appointed by a candidate under section 19.
s 24 32 s 24A Body Corporate and Community Management(Standard Module) Regulation 1997 Division 4A Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 24 Definitions for div 4A In this division— elected member , of a committee, means an executive or ordinary member of the committee elected at a relevant annual general meeting of the body corporate. relevant annual general meeting means an annual general meeting of a body corporate, other than an annual general meeting mentioned in section 11(2), at which— (a) at least 1 person is elected as an executive or ordinary member of the committee; and (b) either— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee elected is less than 3; and (c) the body corporate does not approve the engagement of a body corporate manager under division 10. 24A Requirement to call extraordinary general meeting (1) Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate. (2) The extraordinary meeting must be held within 2 months after the relevant annual general meeting. (3) Section 61 does not apply to the calling or holding of the extraordinary general meeting.
s 24B 33 Body Corporate and Community Management(Standard Module) Regulation 1997 s 24C 24B Appointment of committee member at extraordinary general meeting (1) At an extraordinary general meeting called under this division, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee. (2) If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3. (3) A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the required number of members for the committee. 24C Engagement of body corporate manager under div 10 at extraordinary general meeting (1) The agenda of an extraordinary general meeting of a body corporate held under this division must include a motion approving a person’s engagement as a body corporate manager under division 10. (2) The motion may be considered at the meeting only if, following any appointment of committee members under section 24B— (a) at least 1 executive member position on the committee is not filled; or (b) the total number of voting members of the committee is less than 3. (3) If the motion is considered at the meeting, it must be considered as the last item of business for the meeting.
s 25 34 s 25 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 5 Term of office of committee—Act, s 99 25 Term of office (1) The term of office of a member of the committee continues until another person is chosen for the position. (2) However, a member’s position becomes vacant if the member— (a) dies; or (b) becomes ineligible to hold the position; or (c) resigns by written notice given to the chairperson or secretary; or (d) is not present personally or by proxy at 2 consecutive meetings of the committee without the committee’s leave; or (e) is convicted (whether or not a conviction is recorded) of an indictable offence; or (f) is removed from office by ordinary resolution of the body corporate. (3) For subsection (2)(b), without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— (a) was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or (b) was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or (c) is engaged as a body corporate manager or service contractor, or authorised as a letting agent. (4) If the body corporate engages a body corporate manager under a part 3, division 10 engagement—
s 25AA 35 Body Corporate and Community Management(Standard Module) Regulation 1997 s 25AA (a) the term of office of a member of a committee for the body corporate ends; and (b) subsections (1) to (3) do not apply to the member. (5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee. Division 5AA Removing committee voting member for breaching code of conduct—Act, section 101B 25AA Notice for breach of code of conduct (1) If a body corporate believes a member of the body corporate’s committee who is a committee voting member has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following— (a) that the body corporate believes the member has breached a stated provision of the code of conduct; (b) details sufficient to identify the breach in not more than 600 words; (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends. (2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses
s 25AB36 Body Corporate and Community Management(Standard Module) Regulation 1997 s 25A reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate. 25AB Removal of member at general meeting (1) This section applies if— (a) a body corporate gives a committee voting member a notice under section 25AA(1); and (b) the period mentioned in section 25AA(1)(c) for the notice has ended. (2) The body corporate must— (a) include on the agenda of the next general meeting of the body corporate, called after the period mentioned in section 25AA(1)(c) ends, a motion to remove the member from office for breaching the code of conduct for the member; and (b) attach to the agenda a copy of the notice given to the member. (3) The member may be removed from office, by ordinary resolution, at the next general meeting mentioned in subsection (2)(a). Division 5A Filling casual vacancies on committee—Act, s 99 25A Application of div 5A (1) This division applies if the position of an executive or ordinary member of the committee becomes vacant under section 25(2). (2) However, this division does not apply to a person who becomes a member of the committee under section 11(3) or (4).
s 25B 37 Body Corporate and Community Management(Standard Module) Regulation 1997 s 25D 25B Replacement of member removed from office by body corporate (1) If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate, the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy. (2) It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1). 25C Committee must appoint new member or call general meeting of body corporate (1) Within 1 month after the position of the member of the committee becomes vacant, the committee must— (a) if the number of its members has not fallen below the number required for a quorum— (i) appoint a person who is eligible to be a member of the committee to fill the vacancy; or (ii) call a general meeting of the body corporate to choose a person to fill the vacancy; or (b) if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy. (2) However, subsection (1) does not apply to a position that becomes vacant because the body corporate removes the member from office by ordinary resolution if the body corporate fills the vacancy under section 25B. 25D Requirements for notice of general meeting (1) If a general meeting is called under section 25C, the notice of the meeting must be accompanied by an explanatory note prepared by the committee. (2) The explanatory note must state that—
s 25E 38 Body Corporate and Community Management(Standard Module) Regulation 1997 s 25E (a) a lot owner may nominate a person for election to a vacant executive or ordinary member position if the lot owner does not owe a body corporate debt at the time of the meeting; and (b) a nomination may be made— (i) orally from the floor of the meeting; or (ii) by giving, by hand, by post or by facsimile, a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and (c) a lot owner must be present personally at the general meeting to vote in the election. 25E Election of committee member at general meeting (1) At a general meeting called under section 25C, the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. (2) Subject to subsections (3) to (11), the election must be conducted in the way decided by the body corporate. (3) A way decided by the body corporate must be fair and reasonable in the circumstances of the scheme. (4) The person chairing the general meeting must— (a) invite nominations for all vacant executive or ordinary member positions at the meeting; and (b) accept the following nominations made by lot owners who do not owe a body corporate debt at the time of the meeting— (i) nominations made orally from the floor of the meeting; (ii) written nominations given by hand, by post or by facsimile to the committee member named in the explanatory note accompanying the notice of the
s 25F 39 Body Corporate and Community Management(Standard Module) Regulation 1997 s 25F meeting and received by the member before the election is conducted at the meeting. (5) The committee member mentioned in subsection (4)(b)(ii) must give the person chairing the meeting all nominations received before the election is conducted. (6) A lot owner may nominate not more than 1 person for election to any of the following— (a) a vacant executive member position; (b) all vacant ordinary member positions. (7) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. (8) To be entitled to vote in an election for a vacant executive or ordinary member position, a lot owner must be present personally at the general meeting. (9) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (10) Subsection (9) applies regardless of whether there are 2 or more owners of 1 or more of the lots. (11) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected. 25F Engagement of body corporate manager under div 10 at general meeting (1) If a general meeting is called under section 25C, the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under division 10. (2) The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions conducted at the meeting under section 25E—
s 26 40 s 26 Body Corporate and Community Management (Standard Module) Regulation 1997 (a) at least 1 executive member position on the committee is not filled; or (b) the total number of voting members of the committee is less than 3. (3) If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting. Division 6 Restricted issues 26 Restricted issues for committee—Act, s 100 (1) A decision is a decision on a restricted issue for the committee if it is a decision— (a) fixing or changing a contribution to be levied by the body corporate; or (b) to change rights, privileges or obligations of the owners of lots included in the scheme; or (c) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or (d) that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or (e) to start a proceeding, other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or (iii) a proceeding for an offence under chapter 3, part 5, division 4 10 of the Act; or (iv) a prescribed chapter 6 proceeding; or 10 Chapter 3 (Management of community titles schemes), part 5 (By-laws), division 4 (By-law contraventions) of the Act
s 26 41 s 26 Body Corporate and Community Management (Standard Module) Regulation 1997 (f) to pay remuneration, allowances or expenses to a member of the committee, 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 incurred by the member in attending a committee meeting, if— (A) the amount is not more than $50; and (B) the reimbursement does not result in the member being reimbursed more than $200 in a 12 month period for committee meeting attendance. (2) For subsection (1)(f)(i)— (a) the motion before the body corporate about the payment must state— (i) the full amount of the remuneration, allowances or expenses; and (ii) if the payment relates to expenses—the reason the expenses were incurred; and (b) an explanatory schedule stating full details of the remuneration, allowances or expenses must accompany the voting paper stating the motion. Example for subsection (2) — For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre, and the reason for travel. (3) 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 11 of the Act; but (b) does not include an appeal against an adjudicator’s order. 11 Chapter 6 (Dispute resolution) of the Act
s 27 42 s 28 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 7 Administrative arrangements for committee meetings—Act, s 101 27 Who may call committee meetings (1) A meeting of the committee may be called by— (a) the secretary or, in the secretary’s absence, the chairperson; or (b) in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (2) The secretary or, in the secretary’s absence, the chairperson, must call a meeting if asked, in writing, to call the meeting by enough members of the committee to form a quorum 12 at a meeting of the committee. (3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call it. (4) If the meeting is not held within the 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (5) The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate, and no reply is received within 7 days. 28 Notice of committee meetings (1) A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held. (2) The notice must be given— (a) at least 7 days before the meeting; or 12 See section 32 (Quorum at committee meetings).
s 29 43 s 29 Body Corporate and Community Management (Standard Module) Regulation 1997 (b) at least 2 days before the meeting, if all voting members of the committee— (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or (ii) agree in writing to the reduced notice period for the proposed meeting. (3) Also, advice of the proposed meeting— (a) if the body corporate maintains a notice board—must be placed on the notice board; and (b) must be given to each lot owner individually, other than a lot owner who— (i) has instructed the secretary that the lot owner does not wish to be given advice of committee meetings; and (ii) has not withdrawn the instruction. (4) The advice mentioned in subsection (3)— (a) must state when and where the meeting is to be held; and (b) must be accompanied by the agenda for the meeting; and (c) must be placed on the notice board and delivered to the residential or business address of a lot owner when notice of the meeting is given to committee members. 29 Place of committee meetings (1) The first meeting of the committee after the committee is formed must be held where the person calling the meeting decides. (2) Subject to subsection (1), a committee meeting must be held where the committee decides. (3) Despite subsections (1) and (2), a committee meeting must not be held more than 15km (measured in a straight line on a horizontal plane) from scheme land if members making up at
s 30 44 s 32 Body Corporate and Community Management (Standard Module) Regulation 1997 least half of the number of committee members needed for a quorum object by written notice given to the secretary. 30 Agenda for committee meetings (1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting. (2) However, the committee may also consider other issues raised at the meeting. (3) The agenda must include the substance of the following motions— (a) if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; (b) if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution. (4) In this section— relevant day means— (a) the day of the preceding meeting of the committee; or (b) if there has not been a previous meeting of the committee—the day the committee was formed. 31 Chairing committee meetings (1) The chairperson must chair all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting. 32 Quorum at committee meetings (1) At a meeting of the committee a quorum is at least half the number of voting members of the committee.
s 32A 45 Body Corporate and Community Management(Standard Module) Regulation 1997 s 32A Examples of subsection (1) — 1 If there are 6 voting members of the committee, a quorum is 3. 2 If there are 7 voting members of the committee, a quorum is 4. (2) For deciding whether there is a quorum, a voting member who is present— (a) is counted as 1; or (b) if the member has the proxy of an absent voting member and the use of proxies for the meeting is not prohibited under section 66(2) or 66A—is counted as 2. (3) A non-voting member who is present is not counted for deciding whether there is a quorum. 32A Attendance at committee meetings—non-voting members (1) A person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item— (a) a dispute between the body corporate and— (i) the person; or (ii) the owner or occupier of a lot included in the scheme; (b) the person’s engagement as body corporate manager or service contractor; (c) if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent. (2) Also, the person must not be present for— (a) a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (1); or (b) a vote taken by the committee on the item of business.
s 32B 46 Body Corporate and Community Management(Standard Module) Regulation 1997 s 32B (3) This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (1). 32B Attendance at committee meetings—non members (1) A person who is not a member of the committee may attend a meeting of the committee if the person is— (a) a lot owner who complies with subsection (2); or (b) another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting personally or by proxy. (2) A lot owner who wishes to attend a meeting of the committee under this section must give the secretary written notice of the lot owner’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting starts. (3) A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item— (a) a breach of the by-laws for the community titles scheme; (b) starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee; (c) a proceeding against the body corporate; (d) a dispute between the body corporate and— (i) the owner or occupier of a lot included in the scheme; or (ii) a body corporate manager; or (iii) a caretaking service contractor. (4) Also, the person must not be present for— (a) a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3); or (b) a vote taken by the committee on the item of business.
181 Body Corporate and Community Management (Standard Module) Regulation 1997 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 2, 4 6 List of legislation Body Corporate and Community Management (Standard Module) Regulation 1997 SL No. 213 made by the Governor in Council on 10 July 1997 notfd gaz 11 July 1997 pp 1229–30 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 1997 (see s 2 and 1997 SL No. 210) exp 31 August 2008 (see SIA s 56A(1)(b) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Body Corporate and Community Management Legislation Amendment Regulation(No. 1) 1997 SL No. 482 pts 1, 3 notfd gaz 19 December 1997 pp 1770–7 ss 1–2 commenced on date of notification remaining provisions commenced 22 December 1997 (see s 2) Body Corporate and Community Management Legislation Amendment Regulation(No. 1) 2003 SL No. 263 pts 1, 3, s 121 sch pt 2 notfd gaz 31 October 2003 pp 691–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2003 (see s 2) Note—An explanatory note was prepared Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2004 SL No. 103 notfd gaz 25 June pp 573-81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Audit Legislation Amendment Act 2006 No. 9 pt 1, s 53 sch date of assent 15 March 2006 commenced on date of assent
182 Body Corporate and Community Management (Standard Module) Regulation 1997 Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No. 1) 2006 SL No. 162 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Body Corporate and Community Management and Other Legislation AmendmentRegulation (No. 1) 2007 SL No. 148 pts 1, 6 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Plumbing and Drainage and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 328 pts 1, 7 notfd gaz 14 December 2007 pp 2131–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2008 (see s 2) 7 List of annotations Commencement s 2 om 2003 SL No. 263 s 121 sch pt 2 Application of this regulation—Act, s 21 prov hdg amd 1997 SL No. 482 s 38(1); 2003 SL No. 263 s 121 sch pt 2 s 3 amd 1997 SL No. 482 s 38(2); 2003 SL No. 263 s 121 sch pt 2 Dictionary s 4 amd 2003 SL No. 263 s 121 sch pt 2 References s 5 amd 2003 SL No. 263 s 122; 2003 SL No. 263 s 121 sch pt 2 Permitted inclusions—Act, s 66 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 6 amd 2003 SL No. 263 s 123 PART 3—BODY CORPORATE COMMITTEE Division 2—Composition—Act, s 99 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Requirement for committee—Act, s 98 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 7 amd 2003 SL No. 263 s 124 Purpose of pt 3 s 8 sub 2003 SL No. 263 s 125 Composition of committee s 9 amd 1997 SL No. 482 s 39; 2003 SL No. 263 s 126
183 Body Corporate and Community Management (Standard Module) Regulation 1997 Non-voting members of committee s 9A ins 2003 SL No. 263 s 127 Division 3—Eligibility—Act, s 99 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Eligibility for committee membership s 10 amd 1997 SL No. 482 s 40; 2003 SL No. 263 s 128 Division 4—Choosing of committee—Act, s 99 div hdg amd 2003 SL No. 263 s 121 sch pt 2 When committee is chosen s 11 sub 1997 SL No. 482 s 41 amd 2003 SL No. 263 s 129 Election of committee s 12 sub 1997 SL No. 482 s 41 amd 2003 SL No. 263 s 130 Nomination procedures for election of committee other than at first annual general meeting s 13 amd 1997 SL No. 482 s 42 sub 2003 SL No. 263 s 131 Requirements for nominations s 13A ins 2003 SL No. 263 s 131 Conduct of elections for committee by secret ballot s 16 amd 2003 SL No. 263 s 132 Conduct of elections for committee by open ballot s 17 amd 2003 SL No. 263 s 133 Election of ordinary members of committee s 18 amd 1997 SL No. 482 s 43; 2003 SL No. 263 s 134 Conduct of ballot—general requirements s 19 amd 2003 SL No. 263 s 135 Conduct of ballot—deciding executive member positions s 21 amd 2003 SL No. 263 s 136 Conduct of ballot—deciding ordinary member positions s 22 amd 2003 SL No. 263 s 137 Conduct of ballot—declaration of voting results s 23 amd 1997 SL No. 482 s 44; 2003 SL No. 263 s 138 Division 4A—Appointment of committee members at extraordinary general meeting following annual general meeting—Act, s 99 div hdg ins 2003 SL No. 263 s 139 Definitions for div 4A s 24 prev s 24 om 1997 SL No. 482 s 45 pres s 24 ins 2003 SL No. 263 s 139
184 Body Corporate and Community Management (Standard Module) Regulation 1997 Requirement to call extraordinary general meeting s 24A ins 2003 SL No. 263 s 139 Appointment of committee member at extraordinary general meeting s 24B ins 2003 SL No. 263 s 139 Engagement of body corporate manager under div 10 at extraordinary general meeting s 24C ins 2003 SL No. 263 s 139 Division 5—Term of office of committee—Act, s 99 div hdg amd 1997 SL No. 482 s 46; 2003 SL No. 263 s 121 sch pt 2 Term of office prov hdg amd 1997 SL No. 482 s 47(1) s 25 amd 1997 SL No. 482 s 47(2)–(4); 2003 SL No. 263 s 140 Division 5AA—Removing committee voting member for breaching code of conduct—Act, section 101B div 5AA (ss 25AA–25AB) ins 2007 SL No. 148 s 18 Division 5A—Filling casual vacancies on committee—Act, s 99 div 5A (ss 25A–25F) ins 2003 SL No. 263 s 141 Restricted issues for committee—Act, s 100 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 26 amd 2003 SL No. 263 s 142 Division 7—Administrative arrangements for committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Who may call committee meetings s 27 amd 2003 SL No. 263 s 143 Notice of committee meetings prov hdg amd 2003 SL No. 263 s 144(1) s 28 amd 2003 SL No. 263 s 144(2)–(5) Agenda for committee meetings s 30 amd 2003 SL No. 263 s 145 Chairing committee meetings s 31 amd 2003 SL No. 263 s 146 Quorum at committee meetings s 32 amd 2003 SL No. 263 s 147 Attendance at committee meetings—non-voting members s 32A ins 2003 SL No. 263 s 148 Attendance at committee meetings—non members s 32B ins 2003 SL No. 263 s 148 Division 8—Voting at committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 121 sch pt 2
185 Body Corporate and Community Management (Standard Module) Regulation 1997 Voting at committee meetings s 33 amd 2003 SL No. 263 s 149 Conflict of interest s 34 amd 2003 SL No. 263 s 150 Voting outside committee meetings s 35 amd 1997 SL No. 482 s 48; 2003 SL No. 263 s 151 Division 9—General matters for committee meetings—Act, s 101 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Minutes and other records of committee s 36 sub 2003 SL No. 263 s 152 Carrying out resolutions of committee meetings s 37 amd 1997 SL No. 482 s 49; 2003 SL No. 263 s 153 Reporting particular payments to committee s 37A ins 2003 SL No. 263 s 154 Division 10—Engagement of body corporate manager to carry out functions of committee and executive members div hdg ins 2003 SL No. 263 s 154 Subdivision 1—Engagement of body corporate manager sdiv 1 (ss 37B–37D) ins 2003 SL No. 263 s 154 Subdivision 2—Functions and powers of body corporate manager sdiv 2 (s 37E) ins 2003 SL No. 263 s 154 Subdivision 3—Reports to body corporate sdiv 3 (s 37F) ins 2003 SL No. 263 s 154 PART 4—GENERAL MEETINGS Division 2—Administrative arrangements for general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Who may call general meetings s 40 amd 2003 SL No. 263 s 155 Opportunity to submit agenda motions s 41 sub 1997 SL No. 482 s 50; 2003 SL No. 263 s 156 Notice of general meeting s 42 amd 1997 SL No. 482 s 51; 2003 SL No. 263 s 157 Requirements for voting papers s 42A ins 2003 SL No. 263 s 158 Motion with alternatives s 42B ins 2003 SL No. 263 s 158 Explanatory material accompanying voting paper s 42C ins 2003 SL No. 263 s 158
186 Body Corporate and Community Management (Standard Module) Regulation 1997 Agenda for general meeting s 45 amd 1997 SL No. 482 s 52; 2003 SL No. 263 s 159; 2007 SL No. 148 s 19 Chairing general meetings s 46 amd 1997 SL No. 482 s 53; 2003 SL No. 263 s 160 Power of person chairing meeting to rule motion out of order s 47 amd 1997 SL No. 482 s 54; 2003 SL No. 263 s 161 Quorum for general meetings s 48 amd 1997 SL No. 482 s 55; 2003 SL No. 263 s 162 Division 3—Voting at general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Meaning of “voter” for general meeting s 49 amd 1997 SL No. 482 s 56 sub 2003 SL No. 263 s 163 Displacement or disentitlement of right to vote s 49A ins 2003 SL No. 263 s 163 Exercise of vote at general meetings s 51 amd 2003 SL No. 263 s 164 Voting at general meeting s 52 amd 2003 SL No. 263 s 165 When motion must be decided by secret ballot s 53 sub 2003 SL No. 263 s 166 How secret ballot must be conducted s 53A ins 2003 SL No. 263 s 166 Conduct of secret ballot—voting s 53B ins 2003 SL No. 263 s 166 Appointment and functions of returning officer s 54 sub 2003 SL No. 263 s 167 Secretary to have available for inspection body corporate roll etc. s 55 amd 2003 SL No. 263 s 168 Declaration of voting results on motions s 56 amd 2003 SL No. 263 s 169 Division 4—Procedures at general meeting—Act, s 104 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Amendment of motions at general meetings s 57 amd 2003 SL No. 263 s 170 Amendment or revocation of resolutions passed at general meeting s 58 sub 2003 SL No. 263 s 171 Minutes of general meetings s 59 sub 2003 SL No. 263 s 172
187 Body Corporate and Community Management(Standard Module) Regulation 1997 Division 5—Other matters for general meetings—Act, s 104 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Requirement for requested extraordinary general meeting s 61 amd 1997 SL No. 482 s 57; 2003 SL No. 263 s 173 Failure to call requested extraordinary general meeting s 61A ins 2003 SL No. 263 s 174 Performance of secretary’s functions for general meeting if meeting not called by secretary s 61B ins 2003 SL No. 263 s 174 Division 6—First annual general meeting—Act, s 104 div hdg amd 2003 SL No. 263 s 121 sch pt 2 First annual general meeting s 62 amd 1997 SL No. 482 s 58; 2003 SL No. 263 s 175; 2003 SL No. 263 s 121 sch pt 2 First annual general meeting—scheme established by amalgamation s 62A ins 2003 SL No. 263 s 176 Documents and materials to be handed over to body corporate at first annual general meeting s 63 amd 2003 SL No. 263 s 177 PART 5—PROXIES Division 2—Proxies for committee members—Act, s 102 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Appointment s 66 amd 2003 SL No. 263 s 178 Prohibition on voting by proxy—committee for body corporate for principal scheme in layered arrangement s 66A ins 2003 SL No. 263 s 179 Restrictions on appointment s 67 amd 2003 SL No. 263 s 180 Special provisions about proxy use s 69 amd 2003 SL No. 263 s 181 Division 3—Proxies for body corporate members—Act, s 103 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Appointment s 72 amd 2003 SL No. 263 s 182 Form of proxy s 73 amd 1997 SL No. 482 s 59 Use of proxy s 74 amd 1997 SL No. 482 s 60; 2003 SL No. 263 s 183
188 Body Corporate and Community Management (Standard Module) Regulation 1997 Special provisions about proxy use s 75 amd 2003 SL No. 263 s 184 Offence s 76 amd 1997 SL No. 482 s 61 PART 6—BODY CORPORATE MANAGERS, SERVICE CONTRACTORS AND LETTING AGENTS Division 1—Preliminary div hdg sub 2003 SL No. 263 s 185 Application of pt 6 to part 3, division 10 engagements s 77A ins 2003 SL No. 263 s 186 Division 2—Requirements for engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Definition for div 2 s 77B ins 2003 SL No. 263 s 187 Form of engagement s 78 amd 2003 SL No. 263 s 188 Form of authorisation s 79 amd 2003 SL No. 263 s 189 Term of engagement of body corporate manager s 80 amd 2003 SL No. 263 s 190 Term of engagement of service contractor s 81 amd 2003 SL No. 263 s 191 Term of authorisation of letting agent s 82 amd 2003 SL No. 263 s 192 Division 3—Transferring engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Transferring engagements and authorisations s 84 amd 2003 SL No. 263 s 193 Payment of amount on transfer s 85 amd 2003 SL No. 263 s 121 sch pt 2 Division 4—Termination of engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Purpose of div 4 s 86 sub 2003 SL No. 263 s 194 Termination under the Act, by agreement etc. s 86A ins 2003 SL No. 263 s 194 Termination for conviction of particular offences etc. s 86B ins 2003 SL No. 263 s 194
189 Body Corporate and Community Management (Standard Module) Regulation 1997 Termination for failure to comply with remedial action notice s 86C ins 2003 SL No. 263 s 194 Division 5—Authority for engagements and authorisations—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Authority to make engagement or give authorisation, or amend engagement or authorisation s 87 sub 2003 SL No. 263 s 195 Division 6—Disclosure requirements—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Definition for div 6 s 87A ins 2003 SL No. 263 s 196 Associate supplying goods or services s 88 amd 2003 SL No. 263 s 197 Disclosure of associate contract s 89 amd 2003 SL No. 263 s 198 Disclosure of commission or other benefit s 90 amd 2003 SL No. 263 s 199 Division 7—Occupation of common property—Act, s 122 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Occupation of common property by service contractor may include right of access s 91A ins 2003 SL No. 263 s 200 Division 8—Review of remuneration—Act, s 129 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Review of remuneration under engagement of service contractor s 92 amd 2003 SL No. 263 s 201 PART 7—FINANCIAL MANAGEMENT Division 2—Budgets—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Budgets s 94 amd 1997 SL No. 482 s 62; 2003 SL No. 263 s 202 Adjusting proposed budgets at annual general meeting s 94A ins 2003 SL No. 263 s 203 Division 3—Contributions levied by body corporate—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Contributions to be levied on owners s 95 amd 1997 SL No. 482 s 63; 2003 SL No. 263 s 204 Division 3A—Payment and enforcement of body corporate debts div hdg ins 2003 SL No. 263 s 205
190 Body Corporate and Community Management (Standard Module) Regulation 1997 Payment and recovery of body corporate debts s 99 sub 2003 SL No. 263 s 205 Division 4—Administrative and sinking funds—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Administrative and sinking funds s 100 amd 2003 SL No. 263 s 206 Administration of administrative or sinking fund by body corporate manager s 100A ins 2003 SL No. 263 s 207 Reconciliation statements s 101A ins 2003 SL No. 263 s 208 Division 5—Borrowing—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Power to borrow s 102 amd 2003 SL No. 263 s 121 sch pt 2 Division 6—Control of spending—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Spending by committee s 103 amd 2003 SL No. 263 s 209 Quotes for major spending s 104 amd 1997 SL No. 482 s 64; 2003 SL No. 263 s 210 Division 7—Accounts and audit—Act, s 150 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Accounts s 105 amd 2003 SL No. 263 s 211 Audit s 106 amd 1997 SL No. 482 s 65; 2003 SL No. 263 s 212 Auditing qualifications and experience—Act, sch 6 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 107 amd 1997 SL No. 482 s 66; 2003 SL No. 263 s 121 sch pt 2 sub 2006 Act No. 9 s 53 sch Duties of body corporate about common property—Act, s 152 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 109 amd 2003 SL No. 263 s 213; 2007 SL No. 328 s 25 Mailbox and notice board—Act, s 153 s 110 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Disposal of interest in and leasing or licensing of common property—Act, s 154 prov hdg amd 2003 SL No. 263 ss 214(1), 121 sch pt 2 s 111 amd 2003 SL No. 263 s 214(2)–(6) Easements over common property—Act, s 155 s 112 prov hdg amd 2003 SL No. 263 s 121 sch pt 2
191 Body Corporate and Community Management (Standard Module) Regulation 1997 Improvements to common property by body corporate—Act, s 159 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 113 amd 1997 SL No. 482 s 67; 2003 SL No. 263 s 215 Improvements to common property by lot owner—Act, s 159 s 114 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Duties of body corporate about body corporate assets—Act, s 152 s 115 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Acquisition of amenities for benefit of lot owners—Act, s 156 s 116 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Dealing with (including disposal of) body corporate assets—Act, s 157 s 117 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Supply of services by body corporate—Act, s 158 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 119 amd 2003 SL No. 263 s 121 sch pt 2 Obligations of owners and occupiers—Act, s 160 s 120 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Body corporate may carry out work required of owners and occupiers—Act, s 161 s 121 prov hdg amd 2003 SL No. 263 s 121 sch pt Body corporate’s power to take action to remedy defective building work—Act, s 162 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 122 amd 2003 SL No. 263 s 216 Conditions and obligations under exclusive use by-law—Act, s 173 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 123 amd 2003 SL No. 263 s 217 Improvements—Act, s 173 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 124 amd 2003 SL No. 263 s 218 Recovery of amount owed—Act, s 173 s 125 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 Division 9—Insurance—Act, s 189 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Definitions for div 9 s 126 amd 2003 SL No. 263 s 219 Disclosure of insurance details at annual general meeting s 126A ins 2003 SL No. 263 s 220 Insurance of common property and body corporate assets s 127 amd 2003 SL No. 263 s 221 Insurance of building including lots s 128 amd 1997 SL No. 482 s 68
192 Body Corporate and Community Management (Standard Module) Regulation 1997 Premium s 130 amd 2003 SL No. 263 s 222 Improvements affecting premium s 131 amd 2003 SL No. 263 s 223 Insurance for buildings with no common walls s 134 amd 2003 SL No. 263 s 224 Public risk insurance s 136 amd 1997 SL No. 482 s 69; 2003 SL No. 263 s 225 Use of insurance money s 137 amd 2003 SL No. 263 s 226 PART 9—ADMINISTRATIVE MATTERS Division 2—Body corporate’s seal—Act, s 34 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Body corporate’s seal s 139 amd 2003 SL No. 263 s 227 Division 3—Notices—Act, s 201 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Notices for roll s 140 amd 1997 SL No. 482 s 70; 2003 SL No. 263 s 228 Address for service s 141 amd 2003 SL No. 263 s 229 Change of address s 142 amd 1997 SL No. 482 s 71; 2003 SL No. 263 s 230 Division 4—Rolls and registers—Act, s 204 div hdg amd 2003 SL No. 263 s 121 sch pt 2 Roll of lots and entitlements s 143 amd 1997 SL No. 482 s 72; 2003 SL No. 263 s 231 Register of engagements and authorisations s 145 amd 2003 SL No. 263 s 232 Register of authorisations affecting the common property s 146 amd 2003 SL No. 263 s 121 sch pt 2 Definitions for div 5 s 148 amd 1997 SL No. 482 s 73; 2003 SL No. 263 s 233 Keeping and disposal of records—Act, s 204 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 149 amd 2003 SL No. 263 s 234 Access to records—Act, s 204 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 150 amd 2003 SL No. 263 s 235
193 Body Corporate and Community Management (Standard Module) Regulation 1997 Fee for information given to interested persons—Act, s 205 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 151 amd 2003 SL No. 263 s 236; 2003 SL No. 263 s 121 sch pt 2 sub 2004 SL No. 103 s 3 sch; 2005 SL No. 135 s 3 sch; 2006 SL No. 162 s 3 sch amd 2007 SL No. 148 s 20 Return of body corporate property—Act, s 322 s 152 amd 1997 SL No. 482 s 74 sub 2003 SL No. 263 s 237 Documents in custody of body corporate manager—Act, s 322 prov hdg amd 2003 SL No. 263 s 121 sch pt 2 s 153 amd 1997 SL No. 482 s 75; 2003 SL No. 263 s 238 PART 11—TRANSITIONAL PROVISIONS FOR BODY CORPORATE AND COMMUNITY MANAGEMENT LEGISLATION AMENDMENT REGULATION (No. 1) 2003 pt hdg ins 2003 SL No. 263 s 239 sub 2006 Act No. 9 s 53 sch Definitions for pt 11 s 154 ins 2003 SL No. 263 s 239 Existing committees—composition s 155 ins 2003 SL No. 263 s 239 Existing committee members—eligibility s 156 ins 2003 SL No. 263 s 239 Existing decisions of committee about payment of remuneration etc. s 157 ins 2003 SL No. 263 s 239 General meetings of body corporate and committee meetings called before commencement s 158 ins 2003 SL No. 263 s 239 Existing engagements and authorisations s 159 ins 2003 SL No. 263 s 239 Application of new requirements to existing body corporate managers s 160 ins 2003 SL No. 263 s 239 Existing body corporate debts s 161 ins 2003 SL No. 263 s 239 Existing policies of insurance s 162 ins 2003 SL No. 263 s 239 PART 12—OTHER TRANSITIONAL PROVISIONS pt 12 (s 163) ins 2006 Act No. 9 s 53 sch SCHEDULE—DICTIONARY def “amending regulation” ins 2003 SL No. 263 s 240(1) def “body corporate debt” ins 2003 SL No. 263 s 240(1)
194 Body Corporate and Community Management (Standard Module) Regulation 1997 def “candidate” ins 2003 SL No. 263 s 240(1) def “commencement” ins 2003 SL No. 263 s 240(1) def “elected member” ins 2003 SL No. 263 s 240(1) def “executive member” ins 2003 SL No. 263 s 240(1) def “indictable offence” ins 2003 SL No. 263 s 240(1) def “minor improvement” amd 1997 SL No. 482 s 76(3); 2003 SL No. 263 s 240(2) def “motion with alternatives” ins 2003 SL No. 263 s 240(1) def “next annual general meeting” ins 2003 SL No. 263 s 240(1) def “non-recurrent expenditure” om 1997 SL No. 482 s 76(1) def “non-voting member” ins 2003 SL No. 263 s 240(1) def “non-voting member” , of the committee amd 2003 SL No. 263 s 240(2) def “occupation authority” ins 2003 SL No. 263 s 240(1) def “open motion” ins 2003 SL No. 263 s 240(1) def “ordinary member” amd 2003 SL No. 263 s 240(4) def “part 3, division 10 engagement” ins 2003 SL No. 263 s 240(1) def “previous” ins 2003 SL No. 263 s 240(1) def “proposed budget amount” ins 2003 SL No. 263 s 240(1) def “reconciliation statement” ins 2003 SL No. 263 s 240(1) def “recurrent” ins 1997 SL No. 482 s 76(2) def “recurrent expenditure” om 1997 SL No. 482 s 76(1) def “relevant annual general meeting” ins 2003 SL No. 263 s 240(1) def “relevant limit for committee spending” amd 2003 SL No. 263 s 240(5) def “relevant limit for major spending” amd 2003 SL No. 263 s 240(6) def “relevant person” ins 2003 SL No. 263 s 240(1) def “required number” ins 2003 SL No. 263 s 240(1) def “residential or business address” ins 2003 SL No. 263 s 240(1) def “secret voting paper” ins 2003 SL No. 263 s 240(1) def “statutory motion” ins 2003 SL No. 263 s 240(1) def “unexpired term” ins 2003 SL No. 263 s 240(1) © State of Queensland 2008
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