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

Body Corporate and Community Management (Standard Module) Regulation 2020

Chapter 1    Preliminary

1   Short title

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

2   Commencement

This regulation commences on 1 March 2021.

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 the scheme.

Notes—

1Section 21(4)(b) of the Act gives the following examples of community titles schemes where no other regulation module applies—

(a)the community management statement for a scheme fails to identify a regulation module as the regulation module applying to the scheme;

(b)the community management statement for a scheme identifies as the regulation module applying to the scheme a regulation module that, under section 21(3) of the Act, does not apply to the scheme.

2Under section 21(3) of the Acta regulation module does not apply if it states circumstances that must exist for a community titles scheme for the regulation module to apply to the scheme and the circumstances do not exist for the scheme.

4   Dictionary

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

5   References to committee, chairperson, secretary or treasurer

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

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

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

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

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

Note—

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

1scheme land

2body corporate

3common property

4body corporate assets

5community management statement

6original owner

7by-laws

8body corporate manager, service contractor or letting agent.

(2)If, for a community titles scheme, a body corporate manager is acting under a chapter 3, part 5 engagement, a reference in this regulation to the committee, 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 52, 86(1)(b), 93, 172, 173 and 174 are provisions where the context permits a reference to the committee to be a reference to a body corporate manager acting under a chapter 3, part 5 engagement.

Chapter 2    Community management statements

6   Permitted inclusions—Act, s 66

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

(a)arrangements for future connections to utility infrastructure necessary to accommodate progressive development;

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

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

Example for paragraph (c)—

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

Chapter 3    Committee for body corporate

Part 1    Preliminary

7   Requirement for committee—Act, s 98

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

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

8   Purposes of chapter

The purposes of this chapter are—

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

(i)the composition of the committee;

(ii)the choosing of members of the committee;

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

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

(v)the meetings of the committee; and

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

(c)to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and

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

Part 2    Committee membership

Division 1 Composition of committee—Act, section 99

9   Composition of committee

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

(a)the persons chosen to be the executive members of the committee;

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

(c)each person who is a non-voting member of the committee.

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

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

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

10   Eligibility to be voting member

(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)if the nominating entity is an individual—

(i)a member of the individual’s family; or

(ii)a person acting under the authority of a power of attorney given by the individual; or

(c)if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or

(d)if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is 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 ineligible 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 an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or

(c)a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or

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

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

11   Co-owners or family members who are not eligible to be voting member

(1)Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time.

Note—

For example, this regulation permits otherwise under sections 38, 42 and 50.

(2)Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time—

(a)the individual owner of the lot;

(b)a member of the individual owner’s family;

(c)a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.

12   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 community titles scheme;

(b)a caretaking service contractor for the scheme.

(2)A person who is a member under this section is—

(a)a non-voting member of the committee; and

(b)not entitled to vote at a meeting of the committee.

(3)Subsection (2) applies even if the person is a member of the body corporate.

Division 2 Choosing of committee—Act, section 99

Subdivision 1 Choosing of committee at annual general meeting

13   When committee is chosen

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

(2)Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3, subdivision 2.

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

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

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

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

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

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

(4)If subsection (3)(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.

(5)If subsection (3)(b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them.

(6)If subsection (3)(e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them.

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

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

14   When committee may be chosen if previous committee was formed under s 13(4)

(1)If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 13(4), a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.

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

Subdivision 2 Elections and nominations for membership of committee

15   Election of committee

(1)The members of the committee must be chosen by an election conducted under sections 16 to 39, 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, the election of a member must be by ballot.

Note—

For an example of this regulation otherwise providing, see section  37.

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

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

(6)A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme.

(7)However, this section does not apply to—

(a)a member of a minor committee; or

(b)deciding which of the executive member positions each member of a minor committee is to hold; or

(c)a member of a committee chosen under subdivision 8 or division 3, subdivision 2.

16   Nomination procedures for committee election other than at first annual general meeting

(1)This section states how individuals are nominated for election as a voting member of the committee at the annual general meeting for the community titles scheme other than the first annual general meeting.

(2)The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll—

(a)setting out an owner’s right of nomination under section 17 and inviting nomination; and

(b)stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen.

(3)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.

Note—

See also section 86.

(4)Nominations must comply with section 18 and must be given to the secretary by the end of the body corporate’s financial year.

(5)As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.

17   Lot owner’s right of nomination

(1)The owner of a lot may nominate 1 person for election as a voting member of the committee.

(2)However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows—

(a)if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons;

Examples—

1Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election.

2Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.

(b)if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons.

Example—

Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election.

(3)The following persons may be nominated under subsection (1) or (2)—

(a)if the owner of the lot is an individual—

(i)the owner of the lot; or

(ii)an individual who may be nominated by the owner of the lot under section 10(1)(b); or

(iii)another individual who is an owner of a lot;

(b)if the owner of the lot is not an individual—

(i)an individual who may be nominated by the owner of the lot under section 10(1)(c) or (d); or

(ii)an individual who is an owner of a lot.

(4)If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation.

(5)The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 16 and 19.

(6)In this section—

owner, of a lot, includes co-owners of the lot.

18   Requirements for nominations

(1)For section 16, a nomination must be made by written notice and—

(a)if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or

(b)if the nomination is from an owner of a lot nominating an individual other than the owner—

(i)must be signed and dated by the individual; and

(ii)must be countersigned by the owner, or a person acting under the authority of the owner.

(2)A nomination must contain each of the following details—

(a)the family name 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 an owner of a lot;

(d)if the candidate is not an owner of a lot—

(i)the candidate’s residential or business address; and

(ii)the category of person mentioned in section 10(1)(b), (c) or (d) to which the candidate belongs; and

(iii)the name of the owner of a lot who nominated the candidate;

(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.

Example of a payment for paragraph (e)—

payment of the candidate’s expenses for travelling to committee meetings

19   Modified nomination procedures for committee election at first annual general meeting

(1)An owner of a lot may nominate individuals, as provided under section 17, for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme.

(2)A nomination must be given at the meeting either—

(a)orally from the floor of the meeting; or

(b)in writing handed to the person chairing the meeting.

20   Modified election procedures for committee election at first annual general meeting

If, under this part, a committee election must be held at the first annual general meeting for the community titles scheme—

(a)the duties imposed on the secretary under this part must be carried out by the original owner; and

(b)the provisions of this part for the election of the committee are modified to the extent that they are inconsistent with the following requirements—

(i)no ballot papers need be issued before the meeting;

(ii)to be entitled to vote, a person must be present at the meeting.

Subdivision 3 Conduct of elections—secret ballots

21   How elections by secret ballot may be held

A person voting in a committee election held by secret ballot may vote—

(a)by casting a hard copy vote under section 23; or

(b)if section 24 applies—by casting an electronic vote under that section.

22   Conducting committee elections held by secret ballot

(1)This section states how a committee election by secret ballot must be held.

(2)After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required—

(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 appear on 1 document.

(5)For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing—

(a)after each name, a blank space for voting purposes; and

(b)whether the candidate is an owner of a lot; and

(c)if the candidate is not an owner of a lot—

(i)the name of the owner of a lot 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), (c) or (d) 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.

Note—

For examples of nomination requirements, see sections 10, 17 and 18.

(6)For a hard copy vote, 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 items—

(i)a separate particulars envelope;

(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)For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.

23   Casting a hard copy vote—secret ballot

To cast a hard copy vote a person must—

(a)for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper 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 on the ballot paper 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 stating the following information on the envelope or tab—

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

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

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

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

(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.

24   Casting an electronic vote—secret ballot

(1)This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically.

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

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

(b)rejects a vote cast by a person who—

(i)is not eligible to vote in the election; or

(ii)has already voted in the election; and

(c)does not allow a person other than the secretary to receive the electronic votes.

(3)The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting.

Example—

The system may allow voters to cast a vote using a computer, smartphone or tablet computer.

(4)To cast an electronic vote a person must comply with—

(a)the instructions given by the secretary under section 22(7), to the extent the instructions are consistent with a requirement mentioned in paragraph (b), so that the secretary receives the person’s vote—

(i)before the annual general meeting; or

(ii)if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and

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

25   Conduct of secret ballot—general

(1)When a ballot is held a voter who has not cast a vote for the ballot may—

(a)ask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or

(b)cast an electronic vote in the way this subdivision provides.

(2)Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn—

(a)ask the secretary to withdraw the vote already cast; and

(b)vote in the way this subdivision provides.

(3)All votes cast before the annual general meeting ends are to be held in the custody of the secretary.

Subdivision 4 Conduct of elections—open ballots

26   How elections for committee by open ballot may be held

A person voting in an election for the committee held by open ballot may vote—

(a)by casting a hard copy vote under section 28; or

(b)if section 29 applies—by casting an electronic vote under that section.

27   Conduct of elections for committee—open ballot

(1)This section states how a committee election by open ballot must be held.

(2)After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions 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 appear on 1 document.

(5)For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing—

(a)after each name, a blank space for voting purposes; and

(b)whether the candidate is an owner of a lot; and

(c)if the candidate is not an owner of a lot—

(i)the name of the owner of a lot 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), (c) or (d) 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.

Note—

For examples of nomination requirements, see sections 10, 17 and 18.

(6)For a hard copy vote, the secretary must forward with the notices for the annual general meeting—

(a)the ballot papers; and

(b)an envelope, self-addressed to the secretary, marked ‘ballot paper’.

(7)For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.

28   Casting a hard copy vote—open ballot

To cast a hard copy vote a person must—

(a)for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper 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 on the ballot paper 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 annual general meeting; and

(f)if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.

29   Casting an electronic vote—open ballot

(1)This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by open ballot may cast votes electronically.

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

(a)rejects a vote cast by a person who—

(i)is not eligible to vote in the election; or

(ii)has already voted in the election; and

(b)does not allow a person other than the secretary to receive the electronic votes.

(3)The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting.

Example—

The system may allow voters to cast a vote using a computer, smartphone or tablet computer.

(4)To cast an electronic vote a person must comply with—

(a)the instructions given by the secretary under section 27(7), to the extent the instructions are consistent with a requirement mentioned in paragraph (b), so that the secretary receives the person’s vote—

(i)before the annual general meeting; or

(ii)if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and

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

30   Conduct of open ballot—general

(1)When a ballot is held a voter who has not cast a vote for the ballot may—

(a)ask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or

(b)cast an electronic vote in the way this subdivision provides.

(2)Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn—

(a)ask the secretary to withdraw the vote already cast; and

(b)vote in the way this subdivision provides.

(3)All votes cast before the annual general meeting ends are to be held in the custody of the secretary.

Subdivision 5 Conduct of ballots—general

31   General requirements for ballots

(1)Unless section 74(5) 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.

(2)The election of members takes effect immediately after the close of the meeting at which they are elected.

(3)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.

(4)Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count.

(5)The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.

32   Order of ballots

Ballots for the positions on the committee for which ballots are required must be conducted in the following order—

(a)chairperson;

(b)secretary;

(c)treasurer;

(d)ordinary members.

33   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 each vote 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)Subsection (3) applies if—

(a)a ballot for positions on the committee is a secret ballot; and

(b)any votes in the ballot were cast as hard copy votes.

(3)The person chairing the meeting must—

(a)for each hard copy vote—

(i)confirm, by a scrutiny of the details on the 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

(ii)take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and

(iii)place the ballot paper envelope in a receptacle in open view of the meeting; and

(b)after paragraph (a) has been complied with for all ballot paper envelopes—

(i)randomly mix the envelopes; and

(ii)take each ballot paper out of its envelope.

(4)Subsection (5) applies if—

(a)a ballot for positions on the committee is a secret ballot; and

(b)any votes in the ballot were cast as electronic votes.

(5)The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election.

(6)The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.

(7)The person chairing the meeting may delegate a function under subsection (1), (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate) if—

(a)the person chairing the meeting considers the delegate has sufficient independence; and

(b)the delegate is not a candidate for the position.

34   Conduct of ballot—declaration and recording of voting results

(1)The person chairing an annual 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.

(3)The number of votes cast for each candidate must be recorded in the minutes of the meeting.

(4)The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under this subdivision—

(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 meeting must include, for each ballot that is a secret ballot under this subdivision—

(a)a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and

(b)a list of the hard copy 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 31(4).

Subdivision 6 Choosing executive member positions

35   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, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed.

Note—

For examples of nomination requirements, see sections 10, 17 and 18.

(2)If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—

(a)must invite nominations for the position at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by a member of the body corporate who is present at the meeting;

(ii)in writing, by a member of the body corporate not present at the meeting.

(3)A member of the body corporate may nominate, under subsection (2)(b), not more than 1 person for the position.

(4)Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme.

(5)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.

(6)If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected.

(7)If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.

Subdivision 7 Choosing ordinary member positions

36   Deciding ordinary members of committee—general

(1)The positions of the ordinary members of the committee may only be decided 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.

(3)Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting.

37   Deciding ordinary member positions—declaration or ballot

(1)Subsection (2) applies if, at an annual general meeting—

(a)the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and

(b)the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation.

Note—

For examples of nomination requirements, see sections 10, 17 and 18.

(2)The person chairing the meeting must declare the candidates to have been elected as ordinary members.

(3)Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee.

(4)A ballot must be conducted for the election of ordinary members of the committee.

38   Deciding ordinary member positions—inviting nominees

(1)This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee.

(2)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 voting members for the committee to the maximum number.

(3)If nominations are called for under subsection (2) 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.

(4)The person chairing the meeting—

(a)must invite nominations for the position or positions at the meeting; and

(b)must accept nominations that are made in either of the following ways—

(i)by a member of the body corporate who is present at the meeting;

(ii)in writing, by a member of the body corporate not present at the meeting.

(5)A member of the body corporate may nominate, under subsection (4)(b), not more than 1 person for all ordinary member positions for which nominations are invited.

(6)Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme.

(7)To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.

39   Conduct of ballot—deciding ordinary member positions

(1)This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee.

(2)The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members.

(3)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.

(4)For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void.

Subdivision 8 Choosing of committee at extraordinary general meeting following annual general meeting

40   Definitions for subdivision

In this subdivision—

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 13(3), 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 part 5.

41   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 84 does not apply to the calling or holding of the extraordinary general meeting.

42   Appointment of committee member at extraordinary general meeting

(1)At an extraordinary general meeting called under this subdivision, 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 maximum number of voting members for the committee.

43   Engagement of body corporate manager under pt 5 at extraordinary general meeting

(1)The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5.

(2)The motion may be considered at the meeting only if, following any appointment of committee members under section 42—

(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.

Division 3 Term of office, removal from office and filling of vacancies

Subdivision 1 Term of office of committee members

44   Term of office—Act, s 99

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

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

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

(c)the member’s term of office ends under subsection (4).

(2)A member’s position becomes vacant if the member—

(a)dies; or

(b)becomes ineligible to hold the position; or

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

(d)is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or

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

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

(g)is removed from office under section 45.

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

(5)To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.

45   Removal from office for breaching code of conduct—Act, s 101B

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

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

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

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

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

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

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

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

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

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

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

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

Subdivision 2 Filling casual vacancies on committee—Act, section 99

46   Application of subdivision

(1)This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 44(2).

(2)However, this subdivision does not apply to a person who is a member of a minor committee.

47   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 under subdivision 1, 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).

48   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 if the body corporate fills the vacancy under section 47.

49   Requirements for notice of general meeting

(1)If a general meeting is called under section 48, the notice of the meeting must be accompanied by an explanatory note prepared by the committee.

(2)The explanatory note must state that—

(a)an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the 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, in a way mentioned in section 221(2), 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)an owner of a lot must be present personally at the general meeting to vote in the election.

50   Election of committee member at general meeting

(1)At a general meeting called under section 48, 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 (12), 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 community titles 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 owners of lots 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 in a way mentioned in section 221(2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.

(5)The named committee member must give the person chairing the meeting all nominations received before the election is conducted.

(6)An owner of a lot may nominate not more than 1 person for election to any of the following positions—

(a)a vacant executive member position;

(b)all vacant ordinary member positions.

(7)Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme.

(8)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.

(9)To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting.

(10)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.

(11)Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots.

(12)The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.

51   Engagement of body corporate manager under pt 5 at general meeting

(1)If a general meeting is called under section 48, the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5.

(2)The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions is conducted at the meeting under section 50—

(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.

Part 3    Restricted issues—Act, section 100

52   Restricted issues for committee

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

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

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

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

Note—

Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 230.

(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 of the Act; or

(iv)a prescribed chapter 6 proceeding; or

(f)to pay remuneration, allowances or expenses to a member of the committee unless, under section 53, the decision is not a decision on a restricted issue for the committee.

(2)In this section—

prescribed chapter 6 proceeding—

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

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

53   Exceptions to restricted issues for committee

(1)A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if—

(a)the decision is made by ordinary resolution of the body corporate stating—

(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 accompanied the relevant voting paper.

Example—

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.

(2)Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if—

(a)the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and

(b)the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.

53A    [Expired]

Part 4    Committee meetings—Act, section 101

Division 1 Administrative arrangements for committee meetings

54   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 requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee.

Note—

See section 60.

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

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

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

55   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

(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 noticeboard—must be placed on the noticeboard; and

(b)must be given to each owner of a lot individually, other than an owner who—

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

(ii)has not withdrawn the instruction.

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

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

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

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

56   Place of committee meetings

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

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

(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 least half of the number of committee members needed for a quorum so require by written notice given to the secretary.

57   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.

58   Submission for consideration of motions at committee meetings—generally

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

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

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

(2)A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 221(2).

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

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

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

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

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

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

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

(a)a motion about the same issue; or

(b)6 or more motions.

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

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

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

(b)the motion, if carried, would—

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

(ii)be unlawful or unenforceable for another reason.

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

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

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

58A   Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property

(1)This section applies if—

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

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

Note—

See section 82A for when a body corporate must decide a request at a general meeting.

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

(3)The committee must decide the request—

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

(b)within the period prescribed under section 58B (the prescribed period).

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

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

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

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

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

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

Division 2 Chair, quorum and attendance for committee meetings

59   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.

(3)In this section—

present means present personally or by electronic means.

60   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.

Examples—

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

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

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

(a)is counted as 1; or

(b)if the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 121(2) or 124(2)(b)—is counted as 2.

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

(4)In this section—

present means present personally or by electronic means.

61   Attendance at committee meetings—voting members

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

(a)in person; or

(b)by proxy if the use of proxies for the meeting is not prohibited under section 121(2) or 124(2)(b); or

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

Examples of an electronic means—

email, teleconferencing, videoconferencing

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

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

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

62   Attendance at committee meetings—non-voting members

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

(a)in person; or

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

Examples of an electronic means—

email, teleconferencing, videoconferencing

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

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

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

(3)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 community titles 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.

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

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

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

(5)This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (3).

63   Attendance at committee meetings—non-members

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

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

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

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

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

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

(b)the category of person mentioned in section 10(1) to which the representative belongs;

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

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

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

(a)in person; or

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

Examples of an electronic means—

email, teleconferencing, videoconferencing

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

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

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

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

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

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

(c)a proceeding against the body corporate;

(d)a dispute between the body corporate and—

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

(ii)a body corporate manager; or

(iii)a caretaking service contractor.

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

(a)a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6); or

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

(8)The person may—

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

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

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

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

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

Division 3 Voting at committee meetings

64   When voting member ineligible to vote at committee meetings

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

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

(b)the member is not a lot owner and—

(i)the member is nominated to be a voting member of the committee under section 10(1)(b) or (c); and

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

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

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

Note—

Under section 126, it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.

(4)However, nothing in this section prevents a debtor member from being counted, under section 60, for deciding whether there is a quorum for a meeting of the committee.

65   Voting at committee meetings

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

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

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

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

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

(6)In this section—

present means present personally, by proxy or by electronic means.

66   Conflict of interest

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

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

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

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

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

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

Division 4 Voting outside committee meetings

67   When voting member ineligible to vote on motion outside committee meetings

A voting member of the committee who is a debtor member is ineligible to vote on a motion before the committee, notice of which has been given under section 68(2).

68   Notice and advice of motion given outside committee meetings

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

(2)The notice must be given in writing but, in an emergency, the notice may be given orally or by another appropriate form of communication.

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

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

(b)has not withdrawn the instruction.

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

(a)the secretary; or

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

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

69   Voting on motion given outside committee meetings

(1)Members’ votes on the motion given under section 68 must be—

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

(b)given within—

(i)for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68(2) (the relevant period); or

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

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

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

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

(3)Also—

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

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

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

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

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

70   Application of other provisions

For the operation of sections 66(1) and (2), 71(2) to (4) and 72, the committee, in dealing with a resolution under this division, is taken to deal with the resolution at a meeting of the committee.

Division 5 Minutes and other records of committee

71   Minutes and other records of committee

(1)The committee must ensure—

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

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

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

(a)each member of the committee;

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

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

(a)has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of—

(i)the minutes of committee meetings; or

(ii)the records of motions; and

(b)has not withdrawn the instruction.

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

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

(b)for a copy of a record of motions—

(i)the deciding of the motion; or

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

(iii)if the committee must not decide the motion because section 58(6) applies—the day the committee decided the subsection applies.

(5)Also, the copy must be given—

(a)if the person is a lot owner—as provided under section 218; or

(b)if the person is not a lot owner—in a way mentioned in section 221(2).

(6)In this section—

details, of an animal, means the following information—

(a)the animal’s species;

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

(c)the animal’s sex;

(d)the animal’s name.

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

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

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

(c)details of proxies tabled;

(d)for a motion submitted by a member of the body corporate under section 58(2)—

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

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

(iii)if, under section 58(6), the motion was not decided by the committee—the reason why it was not decided; and

(iv)details of any notice given to the member under section 58(3)(b);

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

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

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

(iii)if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval;

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

(i)the words of the motion; and

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

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

(h)the time the meeting closed;

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

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

record of motions means a record—

(a)of each motion that is—

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

(ii)not decided under section 58(6); or

(iii)taken to be not agreed to under section 58(7); or

(iv)taken to be agreed to under section 58A(4) or 69(3)(b); and

(b)if the motion was submitted by a member of a body corporate under section 58(2), that includes—

(i)the words of the motion; and

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

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

(iv)if, under section 58(6), the motion was not decided by the committee—the reason why it was not decided; and

(v)details of any notice given to the member under section 58(3)(b); and

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

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

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

(iii)if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and

(d)if notice of the motion is given under section 68, that includes—

(i)the words of the motion; and

(ii)the date the notice was given; and

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

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

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

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

Division 6 Action after committee resolution

72   Notice of opposition

(1)A notice opposing the giving of effect to a resolution of the committee (a notice of opposition), signed by or for the owners of at least one-half of the lots included in the community titles scheme, may be given to the secretary.

(2)However, a notice of opposition may not be given—

(a)for a resolution that—

(i)is of a routine, administrative nature; and

(ii)involves spending not more than the greater of—

(A)$200; or

(B)$5 multiplied by the number of lots included in the scheme; or

(b)for a resolution approving a request for approval to keep or bring an animal on a lot or common property.

(3)A notice of opposition must be given to the secretary within 7 days after the secretary gives a copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution to each owner of a lot included in the scheme under section 71.

(4)If a notice mentioned in subsection (1) is given it must be given as provided under section 221(2).

(5)In this section—

resolution of the committee includes a decision of the committee—

(a)deemed to have been made under section 58A(4); or

(b)taken to have been decided under section 69(3)(b).

73   Giving effect to resolutions of committee meetings

(1)The committee may give effect to a resolution of the committee only if—

(a)the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or

(b)the resolution is necessary to deal with an emergency, and—

(i)the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or

(ii)an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or

(ii)the lot number and plan number;

(b)details of the scheme, including—

(i)the name of the scheme; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l)the insurance held by the body corporate;

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

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

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

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

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

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

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

(t)the most recent statement of accounts prepared under section 175;

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

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

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

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

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

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

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

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

(3)In this section—

standard statement see section 339 of the Act.

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

(1)For section 205AAB(2) of the Act—

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

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

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

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

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

(2)Section 233(7) applies for working out the amount of a fee under this section.

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

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

(a)by post; or

(b)by delivering it to the person personally.

234   Documents in custody of body corporate manager

(1)This section applies if—

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

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

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

(2)The body corporate may require the person—

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

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

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

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

235   Return of body corporate property

(1)This section applies if—

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

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

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

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

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

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

(iii)an original owner; and

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

(i)a member of the committee who is named in the notice; or

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

(2)The person must comply with the notice.

Maximum penalty—20 penalty units.

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

(4)In this section—

prescribed notice means—

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

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

Part 5    [Repealed]

236   [Repealed]

Chapter 10    Repeal and transitional provisions

Part 1    Repeal

237   Repeal

The Body Corporate and Community Management (Standard Module) Regulation 2008, SL No. 273 is repealed.

Part 2    Transitional provisions

Division 1 Purposes, definitions and general approach

238   Main purposes of part

The main purposes of this part are as follows—

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

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

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

239   Definitions for part

In this part—

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

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

made includes given and issued.

obligation includes duty.

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

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

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

240   Authorised action or document, obligation or protection under repealed provision

(1)This section applies to—

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

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

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

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

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

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

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

(4)In this section—

protection includes a statement that—

(a)there is no liability; and

(b)there is no invalidity; and

(c)a person has an entitlement.

241   Terminology in things mentioned in s 240(1)

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

(a)any of the things mentioned in section 240(1), including, for example, an authorised action or document; or

(b)evidence of any of the things.

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

Example for subsection (2)—

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

242   Period stated in repealed provision

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

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

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

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

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

243   Period or date stated in document given under repealed provision

(1)This section applies if—

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

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

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

Example—

a remedial action notice under repealed section 130 that states a date by which a person must comply with the notice

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

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

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

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

244   References to repealed regulation

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

245   Acts Interpretation Act 1954, s 20 not limited

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

Division 2 Specific provisions

246   When is general meeting called for this division

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

247   General meetings of body corporate and committee meetings called before commencement

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

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

(3)For this section and without limiting section 246—

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

(b)repealed section 69 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and

(c)repealed sections 77 and 79 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.

248   Duty to consider defect assessment motion

(1)Section 181(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.

(2)However, section 181(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.

(3)Section 181(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after—

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

(b)property, other than body corporate assets the body corporate must insure for full replacement value under section 197(1), 198(2) or 199(2), is included on scheme land.

(4)However, section 181(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after—

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

(b)property, other than body corporate assets the body corporate must insure for full replacement value under sections 197(1), 198(2) or 199(2) is included on scheme land.

249   Committee elections

(1)This section applies for an election of a committee of a body corporate after the commencement in relation to which notices under repealed section 16 were served on each owner of a lot, or at least 1 of the notices was served on an owner of a lot, by the secretary before the commencement.

(2)The repealed regulation continues to have effect for the purposes of the election of the committee as if this regulation had not been made and the repealed regulation continued in force.

250   Notice for breach of code of conduct

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

(a)the body corporate gave a notice under repealed section 34 to a voting member of the body corporate’s committee; and

(b)a motion, mentioned in repealed section 35(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.

(2)Repealed sections 34 and 35 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.

251   Disclosure of commission or other benefit

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

(a)a person has given written notice to the body corporate under repealed section 135(2); and

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

(2)Repealed section 135 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.

252   Existing proposals about spending by committee

(1)This section applies if—

(a)before the commencement—

(i)notice of a committee meeting has been given but the meeting has not been held; or

(ii)notice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and

(b)there is a proposal to be decided by the committee at the meeting, or in the motion to be moved outside a committee meeting, involving spending above the relevant limit for committee spending for the community titles scheme.

(2)Repealed section 151 continues to apply in relation to the proposal.

253   Continuation of approved forms

(1)This section applies if—

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

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

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

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

254   Continuation of repealed s 229

Repealed section 229 continues to apply as if this regulation had not been made and the repealed regulation continued in force.

255   Notices for roll given before commencement

(1)This section applies in relation to a notice given to a body corporate under repealed section 193 before the commencement.

(2)Section 224(2)(g) does not apply to the notice.

(3)However, to the extent the notice contains any information mentioned in section 224(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.

(4)The period mentioned in section 225 does not apply in relation to the notice.

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

256   Address for service and email address given before commencement

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

(2)For section 216, the email address is taken to be an email address nominated under section 216(2).

(3)In this section—

document includes a notice.

relevant person see section 215.

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

257   Definitions for part

In this part—

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

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

258   Motions or requests submitted before commencement

(1)This section applies if—

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

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

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

(3)In this section—

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

259   Particular minutes and records of motions

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

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

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

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

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

(2)Former section 71 continues to apply to the minutes and other records in relation to the motion or request.

(3)In this section—

communication by the secretary, in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 71.

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

full and accurate minutes see former section 71(6).

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

record of motions see former section 71(6).

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

(1)This section applies if—

(a)before the commencement, a body corporate had executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction) had been authorised as required under former section 184(5)(a); and

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

(2)Former section 184 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994.

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

(1)This section applies if—

(a)before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction) was authorised or otherwise permitted under former section 184; and

(b)immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 184(5)(a).

(2)New section 184 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

262   Easements over common property—executed document

(1)This section applies if—

(a)before the commencement, a body corporate had, under former section 185—

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

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

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

(2)Former section 185 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994.

263   Easements over common property—unexecuted document

(1)This section applies if—

(a)before the commencement, a grant or surrender of an easement over or affecting common property (a transaction) was authorised under former section 185; and

(b)immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 185(3)(a).

(2)New section 185 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.

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

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

(a)was, under former section 96, required to provide documents and materials to a body corporate; and

(b)had not provided the documents or materials.

(2)New section 235 does not apply to the original owner.

Schedule 1 Dictionary

section 4

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

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

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

authorised action or document, for chapter 10, part 2, see section 239.

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

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

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

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

Examples of another amount—

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

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

building, for chapter 8, part 6, see section 195.

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

candidate, for election as a member of a committee, see section 18(2).

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

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

Note—

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

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

corresponding provision, for chapter 10, part 2, see section 239.

damage, for chapter 8, part 6, see section 195.

date for payment see section 163(1)(c).

debtor member see section 64(1).

defect assessment motion means a motion proposing the engagement of an appropriately qualified person to prepare a defect assessment report for property, other than a body corporate asset, the body corporate must insure, for full replacement value, under sections 197(1), 198(2) and 199(2).

defect assessment report means a report that—

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

(b)if reasonably practicable, identifies—

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

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

document, for chapter 9, part 2, see section 215.

elected member, for chapter 3, part 2, division 2, subdivision 8, see section 40.

electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.

enter, for chapter 6, part 4, division 2, see section 145.

family, of an individual, means the following persons—

(a)the individual’s spouse;

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

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

(d)a brother or sister of the individual.

group of same-issue motions see section 89(2).

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

initial contract date, for chapter 6, part 4, division 2, see section 145.

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

made, for chapter 10, part 2, see section 239.

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

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

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

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

minor committee see section 13(8).

nominating entity see section 10(1).

non-recurrent, for expenditure, means not recurrent.

non-voting member, of the committee, see section 12(2).

number of layered lots, for a principal scheme in a layered arrangement of community titles schemes, means the total of—

(a)the number of lots (if any) in the principal scheme that are not a community titles scheme; and

(b)for each lot in the principal scheme that is a community titles scheme—the number of lots in the community titles scheme.

obligation, for chapter 10, part 2, see section 239.

occupation authority see section 157.

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

ordinary member, of the committee, means a member of the committee other than an executive member or a person who is a non-voting member.

original motions see section 89(1).

prescribed period, for chapter 6, part 4, division 2, see section 146.

property occupier see section 157.

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

qualifying motion see section 89(4).

reconciliation statement see section 170(2).

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

reinstatement insurance means insurance taken out under sections 198 and 199.

relevant annual general meeting, for chapter 3, part 2, division 2, subdivision 8, see section 40.

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

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

(b)at any time there is no amount set, an amount worked out by multiplying $200 by—

(i)for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or

(ii)for another scheme—the number of lots included in the scheme.

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

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

(b)at any time there is no amount set, the lesser of the following amounts—

(i)an amount worked out by multiplying $1,100 by—

(A)for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or

(B)for another scheme—the number of lots included in the scheme;

(ii)$10,000.

relevant person—

(a)for chapter 6, part 6, see section 153; or

(b)for chapter 9, part 2, see section 215.

relevant policy of insurance see section 172(4).

repealed, for chapter 10, part 2, see section 239.

repealed provision, for chapter 10, part 2, see section 239.

repealed regulation, for chapter 10, part 2, see section 239.

requested extraordinary general meeting see section 84.

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

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

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

roll, of a body corporate, means the roll prepared and kept by the body corporate under section 224.

scheme A see section 103(1).

scheme B see section 103(1).

secret voting paper see section 88(2).

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

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

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

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

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

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

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

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

subsidiary scheme representative see section 103.

transfer fee, for chapter 6, part 4, division 2, see section 147(1).

transferor, for chapter 6, part 4, division 2, see section 144.

unexpired term, for chapter 6, part 3, see section 136.

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

voluntary insurance scheme see section 204(2).

voter, for a general meeting of a body corporate, see section 101.

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