Building Units and Group Titles Act 1980 (Qld)

Building Units and Group Titles Act 1980

An Act to provide for the horizontal subdivision and vertical subdivision of land into lots and the disposition of titles thereto; and for purposes incidental thereto and connected therewith

Part 1    Preliminary

1   Short title

This Act may be cited as the Building Units and Group Titles Act 1980.

2   [Repealed]

3   [Repealed]

4   [Repealed]

5   Savings and transitional

(1)In this section—

appointed day means the date fixed by proclamation under section 2.

continued body corporate means a body corporate continued by the operation of subsection (3).

former Acts mean the Building Units Titles Act 1965 and the Group Titles Act 1973.

former building units plan means a building units plan registered under the Building Units Titles Act 1965, and includes a building units plan of resubdivision registered under that Act.

former by-law means a by-law within the meaning of the former Acts that was in force immediately before the appointed day.

former common property means so much of a former parcel as, immediately before the appointed day, was not comprised in any former lot.

former group titles plan means a group titles plan registered under the Group Titles Act 1973, and includes a group titles plan of resubdivision registered under that Act.

former lot means a lot or unit under the former Acts as it existed immediately before the appointed day.

former parcel means land which, immediately before the appointed day, comprised the former lots and the former common property the subject of a former plan.

former plan means a former building units plan or a former group titles plan.

former proprietor means a person who, immediately before the appointed day, was a proprietor of a former lot.

(1A)For the purposes of the application of any provision of this Act to or in respect of a plan to which the provisions of this Act apply by reason of subsection (5), a reference to an original proprietor is a reference to the person who held the former parcel in fee simple at the time of registration of the former plan in respect thereof.

(1B)The express application with or without modification of any provision of this Act by any provision of this section to or in respect of any act, matter or thing referred to in this section shall not, except in so far as a contrary intention appears, be construed as preventing or limiting the application of any other provision of this Act to that or any other act, matter or thing.

(2)Registration of plans
Notwithstanding section 9 or 10 a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision within the meaning of the former Acts which is first lodged for registration after the appointed day may be registered as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be, but shall not be so registered unless—

(a)the requirements of the former Acts have been or are complied with in so far as those requirements relate to the registration of a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be; and

(b)in the case of a building units plan—the certificate referred to in the Building Units Titles Act 1965, section 4(6)(b) states that the approval given by the local authority to the erection of that building was given not earlier than 2 years before the appointed day; and

(c)in the case of a group titles plan—the certificate referred to in the Group Titles Act 1973, section 4(5) states that the decision of the local authority to approve in principle the application for that certificate was given not earlier than 2 years before the appointed day.

(2A)Without limiting the generality of subsection (2)(a), for the purpose of enabling a person to comply, as referred to in that subsection, with the requirements of the former Acts—

(a)the provisions of the Building Units Titles Act 1965, section 20 (other than subsection (4)(a), (c), (d), (e), (f) and (g)) apply to and in respect of an application for a certificate referred to in section 4(6)(b) of that Act relating to the proposed subdivision illustrated by a building units plan or building units plan of resubdivision referred to in subsection (2); and

(b)the provisions of the Group Titles Act 1973, section 18 (other than subsection (5)(a), (c), (d), (e), (f) and (g)) apply to and in respect of an application for a certificate referred to in section 4(5) of that Act, relating to the proposed subdivision illustrated by a group titles plan or group titles plan of resubdivision referred to in subsection (2);

      as if the former Acts had not been repealed.

(2B)Where a plan is registered under subsection (2), the land comprised in the plan shall be deemed to have been subdivided under this Act into lots and common property in the same manner as that land would have been subdivided if that plan had been registered under the former Acts and any such lots or common property shall, for the purposes of this Act, be deemed to be lots or common property.

(2C)For the purposes of the registration of a plan under subsection (2), the reference in section 10(5) to a building units plan of resubdivision or a group titles plan of resubdivision shall be construed as a reference to a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965, section 20(4) or, as the case may be, a group titles plan of resubdivision within the meaning of the Group Titles Act 1973, section 18(5).

(2D)Where, under any provision of this Act, any act, matter or thing depends on or results from (either directly or indirectly) the registration of a plan, that provision operates in relation to the registration of a plan under subsection (2) in the same way as it operates in relation to the registration of a plan.

(2E)Subject to subsections (2) to (2D) and (2F) to (2H), a reference in this Act to a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision includes a reference to a plan registered under subsection (2) as a building units plan, group titles plan, building units plan of resubdivision or group titles plan of resubdivision, as the case may be.

(2F)The address endorsed, as referred to in the Building Units Titles Act 1965, section 4(1)(h) or the Group Titles Act 1973, section 4(1)(h), upon a plan registered under subsection (2) shall, for the purposes of this Act, be deemed to be the address for the service of notices on the body corporate concerned until that address is altered in accordance with this Act.

(2G)The schedule endorsed, as referred to in the Building Units Titles Act 1965, section 18 or the Group Titles Act 1973, section 15, upon a plan (not being a building units plan of resubdivision within the meaning of the Building Units Titles Act 1965, section 20(4) or a group titles plan of resubdivision within the meaning of the Group Titles Act 1973, section 18(5)) registered under subsection (2) shall, for the purposes of this Act, be deemed to be the schedule referred to in section 9(1)(f) or 9(2)(f), as the case may be.

(2H)A reference to a lot or unit shown in a plan capable of being registered under subsection (2) made in any instrument executed before the registration of that plan under subsection (2) (being an instrument relating to the sale or other disposition of an estate or interest in the lot or unit so shown) shall, on and after the registration of that plan, be construed as a reference to the lot which corresponds to the lot or unit so shown.

(3)Continuation of bodies corporate
A body corporate, constituted under the former Acts in relation to a former plan—

(a)shall continue notwithstanding the repeal of the former Acts; and

(b)shall, on the appointed day, be deemed to be the body corporate constituted under section 27(1) in respect of that plan; and

(c)notwithstanding section 27(1), shall have as its corporate name its corporate name under the former Acts.

(4)Continuation of estates or interests in former lots and former common property and rights in former common property
A person who, immediately before the appointed day—

(a)had an estate or interest in a former lot, has on that day the same estate or interest in the lot which corresponds to that former lot; or

(b)had an estate or interest (not being a right or special privilege referred to in subsection (11)) in former common property, has on that day the same estate or interest in the common property which corresponds to that former common property.

(5)Application of Act to former plans, former parcels, former lots and former common property
Subject to this section, the provisions of this Act shall, on and from the appointed day, apply to and in respect of—

(a)a former building units titles plan as if it were a building units titles plan; and

(b)a former group titles plan as if it were a group titles plan; and

(c)a former parcel as if it were a parcel; and

(d)a former lot as if it were a lot; and

(e)former common property as if it were common property; and

(f)the unit entitlements or, as the case may be, lot entitlements endorsed on a former plan as if they were lot entitlements endorsed on a registered plan.

(6)Registration of transfers or leases of common property registrable under former Acts
Where a transfer or lease of any common property under the former Acts—

(a)would under the Building Units Titles Act 1965, section 10 or the Group Titles Act 1973, section 9 have been registrable had this Act not been enacted but had not, before the appointed day, been lodged for registration under those Acts; and

(b)was executed pursuant to an agreement entered into by the body corporate before the appointed day;

      that transfer or lease, upon its lodgement in the land registry, shall be dealt with under section 22(11) as if it were a transfer or lease referred to in section 22(1).

(7)General meetings of certain continued bodies corporate
Where, in relation to a continued body corporate the original proprietor is not, on the appointed day, the proprietor of any lots the subject of the plan and—

(a)a general meeting of that body corporate has not been held before the appointed day, a general meeting of that body corporate shall be held within 3 months after the appointed day, and that general meeting shall, for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate; or

(b)a general meeting of that body corporate has been held before the appointed day, the last general meeting of that body corporate held before that day shall, for the purposes of section 29A be deemed to have been the first annual general meeting.

(7A)Where, in relation to a continued body corporate, the original proprietor was, on the appointed day, the proprietor of a lot the subject of the plan, then—

(a)if a general meeting of that body corporate has not been held before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5—a general meeting of that body corporate shall be held within 3 months after that commencement and that general meeting shall, for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate; or

(b)the last annual general meeting of that body corporate held before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 or, if no such meeting has been held, the last general meeting held before that commencement shall, for the purposes only of section 29A, be deemed to have been a valid meeting and the first annual general meeting of the body corporate.

(7B)If a meeting of the body corporate is not held in accordance with subsection (7)(a) or (7A)(a), the referee may, pursuant to an application by a proprietor or first mortgagee of a lot appoint, by order, a person to convene a general meeting within such time as may be specified in the order and the meeting convened by that person shall for the purposes of this Act (other than section 29(4)) be the first annual general meeting of the body corporate.

(7C)An order made under subsection (7B) may include such ancillary or consequential provisions as the referee thinks fit.

(7D)The agenda for a meeting convened under subsection (7)(a), (7A)(a) or (7B) shall be the agenda specified in section 29(2).

(7E)The original proprietor shall not fail or neglect to deliver to the body corporate (being a body corporate a general meeting of which is required to be held under subsection (7)(a) or (7A)(a)), within 14 days after notice in writing is given to the original proprietor by the body corporate or if the documents referred to in paragraphs (a) and (b) are not then in the original proprietor’s possession within 14 days after they come into the original proprietor’s possession or under the original proprietor’s control—

(a)all plans, specifications, drawings showing water pipes, electric cables, drainage, ventilation ducts or air-conditioning systems, certificates (other than certificates of title for lots), diagrams (including lift wiring diagrams) and other documents (including policies of insurance) obtained or received by the original proprietor and relating to the parcel or building; and

(b)any book of account, notice or other record relating to the plan; and

(c)the budget showing the estimated expenditure of the body corporate in relation to the parcel on an annual basis;

      other than documents which exclusively evidence rights or obligations of the original proprietor and which are not capable of being used for the benefit of the body corporate or any of the proprietors, other than the original proprietor.

Maximum penalty—13¹/₃ penalty units.

(7F)Notwithstanding subsection (7)(b) or (7A)(b), upon a resolution, carried by the body corporate in general meeting held within 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5, to that effect, a reference in section 29A to the first annual general meeting shall, from the date of the resolution or from such earlier date as may be specified in the resolution, be read and construed as a reference to the date on which the last annual general meeting of the body corporate held before the appointed day was held.

(8)Meetings of former bodies corporate held within 2 months after appointed day
Notwithstanding schedule 2, for the purposes of any general meeting of a continued body corporate, being a general meeting held before the expiration of 2 months after the appointed day—

(a)the procedure for the convening and holding of meetings of such a body corporate and the rights of persons to vote at and to requisition meetings of such a body corporate shall be the same as they were under the former Acts; and

(b)where a notice is given to the body corporate under section 53(3), (5) or (6)—the mortgagee specified in the notice shall have the same voting rights as the mortgagee would have had if the meeting had been held in accordance with the former Acts and if the notice were a notice given under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2).

(9)Notices served by public or local authority before the appointed day
The reference in section 33 to a notice served on the proprietor of a lot by a public authority or local government includes a reference to a notice served, before the appointed day, by a public or local authority on the proprietor of a former lot.

(10)Effect of former by-laws
Subject to subsection (11), the former by-laws relating to a former plan, together with such of the by-laws set out in schedule 3 as are not inconsistent with the former by-laws, shall be the by-laws relating to the corresponding plan to which the provisions of this Act apply by reason of subsection (5) save to the extent of any inconsistency of the former by-laws with any provision of this Act other than schedule 3.

(10A)It is hereby declared that, notwithstanding any addition to or amendment or repeal of any of the by-laws set forth in the Building Units Titles Act 1965, schedule 2 or, as the case may be, in the Group Titles Act 1973, schedule 2 before the appointed day, those by-laws were part of the former by-laws relating to a former plan.

(10B)However, if, at any time before the expiration of 6 months after the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5, the body corporate lodges with the registrar of titles a notification in the prescribed form of any such addition, amendment or repeal (having been made before that commencement by a by-law or former by-law that was valid at the time it was made) upon the registrar of titles recording the notification on the corresponding plan, those by-laws as added to, amended or repealed as particularised in the notification shall be deemed to be part of the former by-laws relating to the former plan.

(10C)In relation to that plan those by-laws shall be deemed to be the by-laws set forth in schedule 3 and the provisions of this Act shall apply thereto.

(11)Maintenance of exclusive use etc. of, and special privileges in respect of, common property
Where immediately before the appointed day a proprietor of a former lot was entitled, whether pursuant to a resolution of the body corporate under the former Acts or pursuant to a former by-law, to a right of exclusive use and enjoyment of, or special privileges in respect of, any of the former common property, the proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges and the resolution or former by-law, as the case may be, shall be deemed to be a by-law made pursuant to section 30(7).

(12)Recovery of contributions levied under former Acts
Any contribution levied under the former Acts by a body corporate and unpaid at the appointed day may be recovered by the continued body corporate as if it were a contribution levied under this Act.

(12A)Any determination made under the former Acts by a body corporate specifying amounts to be raised by regular periodic contributions shall be deemed to be a determination made under the provisions of section 38(1)(j) of a kind referred to in the provisions of section 38(4) until the repeal of each of those provisions by the Building Units and Group Titles Act Amendment Act 1988, and, on and from the commencement of section 5 of that Act, under section 38A(1) of a kind referred to in section 38A(5).

(14)Inspection of former records etc.
A continued body corporate shall cause to be retained, until the expiration of the prescribed period, any records, minutes of meetings, notices and books of account kept or received by it before the appointed day and in its custody or under its control on that day and upon application under section 40(1) made in respect of a lot the subject of the plan concerned shall make those records, minutes, notices and books available for inspection by the applicant or the applicant’s agent at a time and place ascertained in accordance with section 40(1)(b).

(14A)Section 40(2) applies to the making of an inspection referred to in subsection (14) in the same way as it applies to the making of an inspection referred to in section 40(1)(b).

(15)Administrative and sinking funds of continued bodies corporate
Where a determination made under the Building Units Titles Act 1965, section 15(2)(b) or the Group Titles Act 1973, section 13(2)(b) by a continued body corporate was in force immediately before the appointed day, that determination shall be deemed to be the determination required to be made by that body corporate under the provisions of section 38(1)(j) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38A(1).

(15A)Where a fund was, immediately before the appointed day, kept under the Building Units Titles Act 1965, section 15(2)(a) or the Group Titles Act 1973, section 13(2)(a) by a continued body corporate that fund shall, on the appointed day, be deemed to be the fund required to be established by that body corporate under the provisions of section 38(1)(l) until the repeal of those provisions by the Building Units and Group Titles Act Amendment Act 1988 and, on and from the commencement of section 5 of that Act, under section 38(1).

(15B)In relation to a continued body corporate to which the provisions of the Building Units and Group Titles Act 1980, section 5(15)(c) (which provisions have been repealed by the Building Units and Group Titles Act Amendment Act 1988) applied, in section 38A(1) the words ‘Within 14 days after the registration of the plan and from time to time thereafter’ shall be read and construed as ‘From time to time’.

(15C)In relation to a continued body corporate which had, before the appointed day, made a determination under the Building Units Titles Act 1965, section 15(2)(b) or the Group Titles Act 1973, section 13(2)(b) but had not before that day established a fund under the Building Units Titles Act 1965, section 15(2)(a) or the Group Titles Act 1973, section 13(2)(a), in the Building Units and Group Titles Act 1980, section 38(1)(l) which has been repealed by the Building Units and Group Titles Act Amendment Act 1988 the words ‘upon first determining the amounts referred to in paragraph (j)’ shall be read as ‘upon receiving any amounts raised pursuant to a determination referred to in section 5(15)(a)’.

(15D)A continued body corporate which, before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 has not—

(a)made a determination specified in the Building Units and Group Titles Act 1980, section 38(1)(k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988; or

(b)established a sinking fund specified in the Building Units and Group Titles Act 1980, section 38(1)(m) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988;

      shall within 12 months of that commencement—

(c)in a case referred to in paragraph (a)—make a determination specified in section 38A(2); and

(d)in all cases—establish a sinking fund specified in section 38(4) and (5).

(15E)Until a continued body corporate establishes its sinking fund—

(a)it may disburse the moneys in its administrative fund for the purpose of meeting its liabilities referred to in the Building Units and Group Titles Act 1980, section 38(1)(j) or (k) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 or section 38A; and

(b)the Building Units and Group Titles Act 1980, section 38(3) which section has been repealed by the Building Units and Group Titles Act Amendment Act 1988 and section 38(3) do not apply to that body corporate.

(15F)Upon the establishment of its sinking fund a continued body corporate shall—

(a)determine what part of its administrative fund should be allocated for the purpose of meeting its actual or expected liabilities referred to in section 38A(2); and

(b)notwithstanding section 38(3), transfer the amount so determined to its sinking fund.

(16)Notices to continued body corporate in respect of roll
A notice given under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2) before the appointed day by a mortgagee to a body corporate shall, for the purpose of the making by the body corporate of a recording under section 39(3)(c) of the name of the mortgagee of the lot specified in the notice, be deemed to be a notice given to that body corporate under section 53(3) and for the purpose of completing the recording in the roll required by section 39(3)(c)—

(a)the address (if any) specified in the notice as the address of the mortgagee shall be deemed to be the address for the service of notices on the mortgagee shown in a notice given to the body corporate under section 53(3); and

(b)where more than 1 notice is given to a body corporate before the appointed day—the body corporate shall record as the first mortgagee of the lot, the mortgagee first entitled in priority under the former Acts.

(16A)Any notice given before the appointed day by a mortgagor of a former lot to a body corporate, being a notice of the discharge of a mortgage notice of which had been given to the body corporate under the Building Units Titles Act 1965, section 26(2) or the Group Titles Act 1973, section 24(2) shall, for the purpose of the making under section 39(3)(e) by the body corporate of a recording of the discharge of that mortgage, be deemed to be a notice given to that body corporate under section 53(4).

(17)Modification of section 40(1)(c) in relation to continued bodies corporate
For the purposes of section 40(1)(c), any contribution levied under the former Acts by a body corporate and unpaid before the appointed day shall—

(a)if levied pursuant to a determination specifying amounts to be raised by regular periodic contributions, be deemed to be a contribution determined under section 38A(1); or

(b)except as provided in paragraph (a), be deemed to be a contribution determined under section 38A(2).

(18)Councils to be committees
Each council of a body corporate within the meaning of the Building Units and Group Titles Act 1980 and in existence immediately before the commencement of the Building Units and Group Titles Act Amendment Act 1988, section 5 shall on and from that commencement be a committee of that body corporate and all references to such a council in any Act (other than this Act) or other document or writing by whatever means expressed shall be taken to be a reference to the relevant committee.

(19)Operation of section 53 in relation to former plan
Section 53 extends to authorising the giving by any person to a continued body corporate of a notice after the occurrence of any event specified in that section notwithstanding that that event occurred before the appointed day.

(20)Modification of part 4, division 6
Section 55 does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965, section 15(1)(a) or the Group Titles Act 1973, section 13(1)(a) until the expiry of that policy.

(20A)Section 56(1)(a) does not apply to or in respect of a continued body corporate which has in force on the appointed day a policy of insurance expiring not later than 1 year after the appointed day and effected by it in accordance with the Building Units Titles Act 1965, section 15(1)(b) or the Group Titles Act 1973, section 13(1)(b) until the expiry of that policy.

(20B)Sections 57(2) and 60 apply to and in respect of a policy of insurance entered into in accordance with the former Acts before the appointed day between a continued body corporate and an insurer in the same way as those sections apply to and in respect of a contract of insurance entered into between a body corporate and an insurer pursuant to part 4, division 6.

(20C)Notwithstanding the repeal of the Building Units Titles Act 1965, section 17 of that Act continues to apply to and in respect of a policy of insurance referred to in that section entered into before the appointed day until the expiry of that policy as if this Act had not been enacted.

(21)Effect of section 62 in relation to former parcels
A valuation of a former parcel made by the valuer-general in accordance with the Building Units Titles Act 1965, section 21(2)(a) or the Group Titles Act 1973, section 19(2)(a) and in force immediately before the appointed day shall, for the purposes of this Act, be deemed to be a valuation made in accordance with section 62(1) by the chief executive (valuations).

(21A)In relation to a parcel to which the provisions of this Act apply by reason of subsection (5) a valuation of which had not, at the appointed day, been made in accordance with the Building Units Titles Act 1965, section 21(2)(a) or the Group Titles Act 1973, section 19(2)(a) in section 62(2) the words ‘the registration of a plan’ shall be read as ‘the appointed day’.

(22)Evidence of lot entitlement on former plans
Save where particulars of the lot entitlements of lots are endorsed upon a copy of a registered plan (or amendment thereof) furnished by the registrar of titles under section 14, the particulars of the lot entitlements of any former lots shown on a certified copy of the building units plan referred to in the Building Units Titles Act 1965, section 21(3) or a group titles plan referred to in the Group Titles Act 1973, section 19(3) or on any amendment thereof and furnished to any authority referred to in the Building Units Titles Act 1965, section 21(3) or the Group Titles Act 1973, section 19(3) shall for the purposes of section 63 be deemed to be particulars endorsed on a plan furnished to that authority under section 14 of the lot entitlements of the lots.

(23)Destruction of or damage to building or extinguishment under former Acts
Any proceedings under the Building Units Titles Act 1965, section 19(1) or the Group Titles Act 1973, section 16(1) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25.

(23A)A declaration made under the Building Units Titles Act 1965, section 19(1)(b) or the Group Titles Act 1973, section 16(1)(b)(ii) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall have the same force and effect as if this Act had not been enacted.

(23B)Any proceedings for an order referred to in the Building Units Titles Act 1965, section 19(3) which were pending before the Court immediately before the appointed day may be continued and completed as if they were proceedings under section 25(7).

(23C)An order made under the Building Units Titles Act 1965, section 19(3) before the appointed day shall, notwithstanding the repeal of the former Acts, continue to operate and shall, subject to subsection (23D), have the same force and effect as if this Act had not been enacted.

(23D)An order referred to in the Building Units Titles Act 1965, section 19(3) may be varied in the same way as if it were an order made under section 25.

(23E)Notwithstanding the repeal of the former Acts—

(a)the Building Units Titles Act 1965, section 11 and the regulations made under that section continue to apply to and in respect of a building which before the appointed day was destroyed within the meaning of that Act and the parcel on which that building was situated;

(b)the Group Titles Act 1973, section 17 and the regulations made under that section continue to apply to and in respect of a plan which before the appointed day was extinguished within the meaning of that Act.

(24)Administrators under former Acts
A person who, immediately before the appointed day, held office as an administrator under the Building Units Titles Act 1965, section 23 or the Group Titles Act 1973, section 21 shall, notwithstanding the repeal of the former Acts, continue to have the powers and duties the person had, as the holder of that office, immediately before the appointed day.

(24A)The provisions of the Building Units Titles Act 1965, section 23 or the Group Titles Act 1973, section 21 continue to apply to and in respect of a person holding office as referred to in subsection (24) notwithstanding the repeal of the former Acts.

(24B)Where immediately before the appointed day an application under the Building Units Titles Act 1965, section 23(1) or the Group Titles Act 1973, section 21(1) was pending, the Court shall remit the application to such referee as it thinks fit on such terms and conditions (including terms and conditions relating to the payment of the costs of the application up to the date of the remittal) as it thinks fit and an application so remitted shall be deemed to be an application capable of being made under section 94.

(25)Recovery of rates paid by body corporate
A continued body corporate may recover any amount referred to in the Building Units Titles Act 1965, section 16(1) or the Group Titles Act 1973, section 14(1) paid by it, whether before or after the appointed day, as if the Building Units Titles Act 1965, section 16(3) or the Group Titles Act 1973, section 14(3) had not been repealed by this Act.

(26)Regulations
The Governor in Council may, for the purposes of bringing lots, units, common areas, common property, bodies corporate and councils, within the meaning of the former Acts, under the provisions of this Act and applying the provisions of this Act, with or without modifications, additions or exclusions to or in respect of any such lots, units, common areas, common property, bodies corporate or committees, and for any purposes incidental thereto, make regulations containing such transitional, consequential or savings provisions as the Governor in Council considers necessary or expedient.

(27)A regulation made under subsection (26) may make provisions which differ in their application according to such factors as may be specified in the regulation.

5A   Limited operation of Act on commencement of ch 8, pt 1 of BCCM Act

(1)On and from the commencement of chapter 8, part 1 of the BCCM Act, this Act applies only for—

(a)the operation of a specified Act; and

(b)the registration of a future 1980 Act plan under the transitional provisions of the BCCM Act; and

(c)any other matter under the transitional provisions of the BCCM Act required to be effected under this Act.

(2)For anything not mentioned in subsection (1)(a), (b) or (c), the Acts Interpretation Act 1954, sections 19, 20 and 20A apply to this Act as if this Act had been repealed by the BCCM Act.

(3)In this section—

BCCM Act means the Body Corporate and Community Management Act 1997.

specified Act means—

(a)the Integrated Resort Development Act 1987; or

(b)the Mixed Use Development Act 1993; or

(c)the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or

(d)the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or

(e)the Sanctuary Cove Resort Act 1985.

transitional provisions, of the BCCM Act, means the provisions of the BCCM Act, chapter 8, part 1.

6   Construction of Act

(1)This Act shall be read and construed with and as an amendment of the Land Title Act 1994.

(2)However, that Act shall be read and construed subject to this Act and to the extent that this Act is inconsistent with that Act, this Act shall prevail.

7   Interpretation

(1)In this Act and in all instruments purporting to be made or executed thereunder unless the contrary intention appears—

administrative fund means the fund established by a body corporate under section 38(1), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(l) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988.

aggregate lot entitlement means the sum of the lot entitlements of all lots on a plan.

approved form means a form approved under section 133B.

associate, of a person, for part 4, see section 26A.

associated body corporate, for a body corporate, for part 4, division 2, see section 41A.

body corporate means a body corporate incorporated by section 27.

body corporate manager—

(a)generally, means a person appointed under section 50 or 94 as a body corporate manager of a body corporate; and

(b)for a body corporate incorporated under a specified Act, for part 4, division 2—see section 41A.

building, in relation to a building units plan, means the building or buildings shown on the plan each of which contains 2 or more lots or parts of lots and, where more than 1 building is shown on the plan, means any 1 or more of those buildings.

building units plan means a plan which—

(a)is described in the title or heading thereto as a building units plan; and

(b)shows the building comprised therein as being divided into lots; and

(c)shows the common property comprised therein; and

(d)complies with the requirements of section 9;

and includes a plan of resubdivision of a lot or common property or a lot and common property in a building units plan registered under this Act.

cadastral surveyor, for part 4, division 3, see section 48D.

and includes a plan of resubdivision of a lot or common property or a lot and common property in a group titles plan registered under this Act.

For the purpose of determining the number of proprietors pursuant to paragraph (a), each lot has 1 proprietor.

ceiling does not include a false ceiling.

chief executive (valuations) ...

committee means the committee of a body corporate constituted under this Act.

common property means so much of a parcel as from time to time is not comprised in any lot.

company nominee, in relation to a corporation, means the individual (if any) for the time being authorised under section 52 by the corporation.

council ...

Court means the Supreme Court.

Crown law officer ...

development site, for a body corporate, for part 4, division 2, see section 41A.

electable person, for part 4, division 2, see section 41B.

group titles plan means a plan which—

(a)is described in the title or heading thereto as a group titles plan; and

(b)shows the land comprised therein as being divided into lots and common property; and

(c)complies with the requirements of section 9;

individual nominee, in relation to a proprietor who is an individual, means an individual who is not a proprietor but is nominated for election to a committee by the proprietor.

land means land under the provisions of the Land Title Act 1994 held by the registered proprietor in fee simple.

law practice, for part 4, division 3, subdivision 2, see section 49C.

letting arrangement, for part 4, division 2, see section 41A.

local authority ...

lot means a lot shown as such on a plan.

lot entitlement means the lot entitlement of a lot specified or apportioned in accordance with the provisions of section 10(5) or (6) or 19, as the case may be.

managing agent ...

Minister ...

mortgage includes a charge for securing money or money’s worth.

occupier, in relation to a lot, means a person in lawful occupation of that lot.

original plan means—

(a)in relation to a plan of resubdivision—the registered plan containing the lots or common property the subject of the plan of resubdivision; or

(b)in relation to a plan of amalgamation—the registered plan containing the lots the subject of the plan of amalgamation; or

(c)in relation to a conversion of lots into common property—the registered plan containing those lots.

original proprietor means the person by whom a parcel the subject of a plan was held in fee simple at the time of registration of the plan, and includes any successor or assignee of that person, but does not include a bona fide purchaser for value of a lot or any successor or assignee of that purchaser.

parcel means the land comprised in a plan.

plan means a building units plan or a group titles plan.

planning scheme means a planning scheme under the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

prescribed arrangement means any agreement or arrangement (including an arrangement set out in the by-laws in respect of the plan) between—

(a)in the case of a registered lot—the body corporate or the original proprietor and any other person; or

(b)in the case of a proposed lot—the original proprietor and any other person;

being an agreement or arrangement—

(c)by instrument in writing appointing, pursuant to section 50, a body corporate manager; or

(d)for the carrying out of any of the duties of the body corporate under section 37(1)(a), (b) or (c); or

(e)entered into pursuant to section 37(2)(a), (b), (c), (d) or (e) or section 38C; or

(f)for the protection of the parcel or any part thereof or of the security of the occupants of the lots; or

(g)for the conduct of a business upon the parcel (whether upon a lot or the common property) of letting of lots on behalf of any proprietors of lots; or

(h)under which the rights of the proprietor of a lot are or are likely to be affected to a material extent.

prescribed trust account, for part 4, division 3, subdivision 2, see section 49C.

proprietor means the person for the time being registered or entitled to immediate registration under the Land Title Act 1994 as the proprietor of a lot.

public trustee means the public trustee within the meaning of the Public Trustee Act 1978.

qualified auditor means—

(a)a person registered as an auditor under the Corporations Act; or

(b)a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(c)a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or

(d)a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’.

real estate agent, for part 4, division 3, subdivision 2, see section 49C.

Real Property Acts ...

recognised entity, for part 4, division 3, subdivision 2, see section 49C.

referee means a referee appointed under section 69.

registered plan means a plan as amended from time to time registered under this Act.

registrar of titles means the registrar of titles under the Land Title Act 1994.

relevant body corporate debt, for part 4, division 2, see section 41A.

resolution without dissent means a resolution which is passed at a duly convened general meeting of a body corporate and against which no vote is cast.

roll means the roll referred to in section 39 that relates to a plan or to a plan that has been extinguished.

service arrangement, for part 4, division 2, see section 41A.

service obligation means a service obligation created or implied by section 17 or 18.

service right means a service right created or implied by section 17 or 18.

sinking fund means the fund established by a body corporate under section 38(4), and includes a fund established under the Building Units and Group Titles Act 1980, section 38(1)(m) prior to the repeal of that section by the Building Units and Group Titles Act Amendment Act 1988.

special resolution means a resolution which is passed at a duly convened general meeting of a body corporate by the proprietors where the proprietors who vote against the motion proposed as a special resolution do not together—

(a)constitute more than 25% of the total number of proprietors; and

(b)hold more than 25% of the aggregate lot entitlement.

specified Act see section 5A(3).

titles registry fee, for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 133C.

titles registry function see the Queensland Future Fund (Titles Registry) Act 2021, section 5.

town planning scheme ...

tribunal means a tribunal constituted under section 96.

unanimous resolution means a resolution which is unanimously passed at a duly convened general meeting of a body corporate at which all persons entitled to exercise the powers of voting conferred by or under this Act are present personally or by proxy or vote in writing at the time of the motion.

voting member, of a committee, means a member of the committee who is entitled to vote at meetings of the committee.

wall includes door, window or other structure dividing a lot from common property or from another lot.

(2)A reference in this Act to a resubdivision of a lot or common property or of a lot and common property is a reference to the alteration of the boundaries of—

(a)1 or more lots so as to create only 2 or more different lots; or

(b)1 or more lots so as to create 1 or more different lots and common property; or

(c)1 or more lots and common property so as to create 1 or more different lots or 1 or more different lots and common property; or

(d)common property so as to create 1 or more lots;

but does not include a reference to the amalgamation of 2 or more lots into 1 lot or the conversion of 1 or more lots into common property.

(3)In this Act, a reference to the Local Government (Planning and Environment) Act 1990 includes a reference to a planning scheme.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

Part 2    Subdivision of land

Division 1 Creation of lots and common property

8   Subdivision

(1)Land may be subdivided into lots and common property by the registration of a plan in the manner provided by or under this Act.

(2)A lot may consist of separate parts.

(3)When a plan has been registered—

(a)each lot comprised therein may devolve or be transferred, leased, mortgaged or otherwise dealt with; and

(b)subject to the approval of the local government to the lease, a lease of part of a lot and, in the case of a group titles plan, of part of any improvements on a lot may be registered;

in the same manner and form as any other land held under the provisions of the Land Title Act 1994.

(3A)Easements to or over lots may be registered.

(4)Upon the recording of particulars of the plan in the register the plan shall for the purposes of the Land Title Act 1994 be deemed upon registration to be embodied in the register; and notwithstanding the provisions of that Act, a proprietor shall hold the proprietor’s lot and the proprietor’s share in the common property subject to any interests affecting the same for the time being notified on the registered plan and subject to any amendments to lots or common property shown on that plan.

(5)Upon registration of a plan the registrar of titles shall thereafter be authorised to issue a separate certificate of title for each lot showing that the proprietor holds the share of the common property appurtenant thereto in accordance with the lot entitlement set forth in the plan.

9   Registration of plan

(1)A building units plan shall—

(a)delineate the external surface boundaries of the parcel and the location of the building in relation thereto;

(b)bear a statement containing such particulars as may be necessary to identify the title to such parcel;

(c)include a drawing illustrating the lots and distinguishing such lots by numbers;

(d)define the boundaries of each lot in the building by reference to floors, walls, ceilings and, in the case where a boundary may be defined by reference to a permanent structure or permanent structures of the building, each such structure;

However, it shall not be necessary to show any bearing or dimensions of a lot;

(e)show the approximate floor area of each lot;

(f)have endorsed upon it a schedule complying with the provisions of section 19;

(g)have endorsed upon it the name of the building;

(h)have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127;

(i)contain such other features as may be prescribed.

(2)A group titles plan shall—

(a)delineate the external surface boundaries of the parcel and the location of each lot and the common property in relation thereto;

(b)bear a statement containing such particulars as may be necessary to identify the title to such parcel;

(c)delineate the lots and distinguish such lots by numbers;

(d)delineate the common property;

(e)show the area of each lot and of the common property;

(f)have endorsed upon it a schedule complying with the provisions of section 19;

(g)have endorsed upon it the name of the parcel;

(h)have endorsed upon it the address at which documents may be served on the body corporate in accordance with section 127;

(i)be in the approved form;

(j)contain such other matters, and be of such standard of accuracy, as may be prescribed.

(3)Save with the consent of the Minister a plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon, in the opinion of the registrar of titles, is undesirable.

(3A)A plan shall not be registered if the name of the building or the name of the parcel, as the case may be, endorsed thereon is currently endorsed on—

(a)a registered leasehold building units plan under the South Bank Corporation Act 1989; and

(b)a registered building units plan;

or is reserved pursuant to—

(c)section 120 of this Act; or

(d)the South Bank Corporation Act 1989, schedule 4, section 120.

(4)A body corporate may, by resolution without dissent and with the consent of the registrar of titles, change the name of the building or the parcel, as the case may be, endorsed upon the plan to a name with which the plan could be registered without contravention of subsection (3) or (3A).

(5)In a building units plan, the common boundary of any lot with another lot or with common property shall be the centre of the wall, floor or ceiling, as the case may be.

(5A)Notwithstanding subsections (5) and (5B), a balcony, courtyard, roof garden or other area (being part of a building) which is not bounded wholly by walls or a ceiling or walls and a ceiling may and, it is hereby declared, always could from the commencement of the Building Units and Group Titles Act 1980 be included as part of a lot shown on a building units plan.

(5B)Provided that the balcony, courtyard, roof garden or other area shall be contiguous to a part of the lot the boundary of which part if it, by itself, were a lot would be the centre of walls, floor and ceiling.

(6)Where, pursuant to subsection (5A), a balcony, courtyard, roof garden or other area of a building is included as part of a lot shown on a building units plan—

(a)that part of the boundary of the lot that is not the centre of a wall and would, but for the operation of subsections (5A) and (5B), be required to be the centre of a wall shall be the vertical plane from the upper boundary of the lot to the floor along the line described connecting the centres of the permanent vertical structures of the building approved for that purpose by the registrar of titles (which may include part of a wall) on that boundary, with the centres of the walls that form part of the boundary of the lot;

(b)that part of the boundary of the lot that is not the centre of a ceiling and would, but for subsections (5A) and (5B), be required to be the centre of a ceiling shall be the horizontal plane from the edge of the existing ceiling to the vertical boundary of the lot over which that ceiling does not extend at the level or levels of the walls and, where paragraph (a) applies, the permanent vertical structures to that part, such that, in any case, the plane is no higher than the boundary of the area of the lot that is the centre of a ceiling.

(7)Every plan lodged for registration shall be endorsed with or be accompanied by a certificate of the local government that the proposed subdivision of the parcel as illustrated in the plan has been approved by the local government and that all the requirements of the Local Government (Planning and Environment) Act 1990 as modified by this Act have been complied with in regard to the subdivision.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(8)Every building units plan lodged for registration shall be endorsed with or be accompanied by certificates respectively—

(a)of a cadastral surveyor within the meaning of the Surveyors Act 2003 that the building shown on the building units plan is within the external surface boundaries of the parcel the subject of the building units plan and, where a part of the building projects beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel or, where that projection is over a road, that the local government has consented thereto pursuant to the local laws, as the case may be; and

(ab)of a cadastral surveyor within the meaning of the Surveyors Act 2003 containing the particulars prescribed; and

(b)where the construction of the building shown on the building units plan was commenced after 1 February 1973, of an architect within the meaning of the Architects Act 2002 that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government or, where the building has not been constructed under the supervision of an architect, of a building surveyor (or where there is no building surveyor a building inspector) of the local government (which certificate a building surveyor or building inspector is hereby authorised to give unless otherwise directed by the local government) that the building has been substantially completed in accordance with plans and specifications approved by the local government or a designated officer of the local government.

(9)No certificate given by a building surveyor or building inspector in good faith for the purposes of subsection (8)(b) shall subject the building surveyor or building inspector to any liability whatsoever in respect thereof and the proof of any allegation of the absence of good faith on the part of the building surveyor or building inspector shall be upon the person so alleging.

(10)For the purposes of this section—

building surveyor and building inspector include, where there is no building surveyor or building inspector of the local government, the officer of the local government whose duties include the performance of duties usually undertaken by a building surveyor or building inspector of a local government.

(11)Before registering a building units plan the registrar of titles may require proof to the registrar’s satisfaction by statutory declaration or otherwise of the time of commencement of construction of the building to which the plan relates.

(12)Each group titles plan lodged for registration must be endorsed with or accompanied by a certificate—

(a)approved under the Survey and Mapping Infrastructure Act 2003; and

(b)given by a cadastral surveyor within the meaning of the Surveyors Act 2003; and

(c)certifying that the plan is accurate.

(13)Before registering a plan the registrar of titles may make or cause to be made such inspection of the parcel to which the plan relates as the registrar considers necessary.

(14)Upon lodgement for registration of a plan the registrar of titles shall allot thereto a number.

(15)Registration of a plan shall be effected by notifying under the seal of the registrar of titles on the plan the fact and date of such registration.

(16)Every building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion lodged for registration shall be accompanied by the relevant titles registry fees (including the fee mentioned in section 14).

10   Resubdivision

(1)Lots or common property or lots and common property may be resubdivided, with the approval of the local government, by the registration of a plan relating to the lots or common property or lots and common property so resubdivided in the manner provided by this Act for the registration of plans.

(1A)However, lots or common property or lots and common property contained in a group titles plan may only be resubdivided by a group titles plan of resubdivision.

(1B)In addition, where a resubdivision affects common property or creates additional common property the approval of the body corporate by resolution without dissent is required.

(2)The provisions of this Act relating to plans and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to resubdivision.

(3)Notwithstanding the provisions of section 27 proprietors of lots in a building units plan of resubdivision or group titles plan of resubdivision shall not be a body corporate, but shall, upon the date of registration of such plan of resubdivision be members of the body corporate constituted in respect of the original plan.

(4)On registration of a building units plan of resubdivision or group titles plan of resubdivision, lots comprised therein shall be subject to the burden and have the benefit of any easements, service rights and service obligations affecting such lots in the original plan as are included in the plan of resubdivision.

(5)Where the resubdivision is of 1 or more lots so as to create only 2 or more different lots the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall apportion among the lots the lot entitlement of such lot or lots in the original plan as are included in the plan of resubdivision and the registrar when registering that plan shall amend the schedule to the original plan to show the lot entitlement of each lot and each proposed lot and the aggregate lot entitlement as whole numbers.

(6)Where the resubdivision affects common property or creates additional common property the schedule endorsed on the building units plan of resubdivision or group titles plan of resubdivision as required by section 19 shall—

(a)show as a whole number, in respect of—

(i)each lot comprised in the parcel other than any lot or lots the subject of the proposed resubdivision; and

(ii)each proposed lot;

      the proposed lot entitlement of that lot or proposed lot and show the proposed aggregate lot entitlement; and

(b)be accompanied by a certificate under the seal of the body corporate concerned certifying that it has by resolution without dissent agreed to each proposed lot entitlement and the proposed aggregate lot entitlement shown in that schedule.

(7)A resubdivision that creates additional common property shall not be registered unless every mortgage, current lease, caveat or other interest recorded on the certificate of title in respect of each lot from which the additional common property or part thereof is derived has been discharged, surrendered, withdrawn or otherwise disposed of in so far as it affects that additional common property or part thereof.

(8)When registering a building units plan of resubdivision or group titles plan of resubdivision the registrar of titles shall amend the original plan in the manner prescribed.

(9)Upon registration of a building units plan of resubdivision or group titles plan of resubdivision land therein shall not be dealt with by reference to lots in the original plan.

11   Amalgamation of lots

(1)Two or more lots may be amalgamated into 1 lot with the approval of the local government by the registration of a building units plan of amalgamation or group titles plan of amalgamation.

(2)The lot entitlement of a lot created by the amalgamation of 2 or more lots shall be the sum of the lot entitlements of those lots.

(3)When registering a building units plan of amalgamation or group titles plan of amalgamation the registrar of titles shall amend the original plan and the schedule of lot entitlements endorsed thereon in the manner prescribed.

12   Conversion of lots into common property

(1)One or more lots may be converted into common property with the approval of the local government by registering with the land registry, as a notice of conversion, a notice executed by the proprietor or proprietors of that lot or those lots and approved by the body corporate by unanimous resolution.

(2)The provisions of this Act relating to plans and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to conversions of lots into common property.

(3)A notice of conversion shall not be registered unless every mortgage, current lease, caveat or other interest recorded on each certificate of title has in so far as it affects the lot or lots to which the notice relates been discharged, surrendered, withdrawn or otherwise disposed of, as the case may be.

(4)When registering a notice of conversion the registrar of titles shall—

(a)amend the original plan in the manner prescribed; and

(b)amend the schedule of lot entitlements endorsed upon the original plan in accordance with the schedule complying with the provisions of section 19 lodged with the notice; and

(c)cancel the certificate of title for each lot converted into common property.

13   Plans and notices of conversion to be signed

Where a building units plan, group titles plan, building units plan of resubdivision or amalgamation, group titles plan of resubdivision or amalgamation or notice of conversion is lodged in the land registry for registration it shall not be registered unless it is signed by every person having a sufficient estate or interest to transfer the land or lots comprised in the plan or notice.

14   Copies of plan to certain authorities and bodies corporate

Upon payment of the relevant titles registry fee the registrar of titles shall, within 28 days after the registration of a plan or an amendment thereof, furnish to the valuer-general, to the Commissioner of State Revenue appointed under the Taxation Administration Act 2001, to the local government in relation to the parcel or any part thereof and to the body corporate, 2 copies of the registered plan or amendment thereof including all endorsements thereon.

15   Support

In respect of each lot there shall be implied—

(a)in favour of the proprietor of the lot and as appurtenant thereto, an easement for the lateral support and, in the case of a building units plan, the subjacent support thereof by the common property and by every other lot capable of affording support whether by party wall or otherwise; and

(b)as against the proprietor of the lot and to which the same shall be subject, an easement for the lateral support and, in the case of a building units plan, subjacent support of the common property and of every other lot capable of enjoying support whether by party wall or otherwise.

16   Shelter

(1)Every proprietor of a lot in a building units plan shall be entitled to have the proprietor’s lot sheltered by all such parts of the building as are capable of affording shelter.

(2)The right created by this section shall be an easement to which such parts aforesaid of the building shall be subject.

(3)The easement for shelter created by this section shall entitle the proprietor of the dominant tenement to enter on the servient tenement to replace, renew or restore any shelter.

17   Services

In respect of each lot there shall be implied—

(a)in favour of the proprietor of the lot and as appurtenant thereto, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil, telephone, radio and television) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing in or over the parcel to the extent to which those services are capable of being used in connection with the enjoyment of the lot; and

(b)as against the proprietor of the lot and to which the lot shall be subject, easements for the passage or provision of services (including water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil, telephone, radio and television) through or by means of any pipes, poles, wires, cables or ducts to be laid down or erected or which are for the time being existing within that lot as appurtenant to the common property and also to every other lot capable of enjoying such services;

but the easements conferred by this section shall not be exercised by any proprietor in such a manner as unreasonably to prevent any other proprietor from enjoying the use and occupation of the proprietor’s lot and the common property.

18   Ancillary rights

All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied or created by this Act.

19   Lot entitlement

(1)Every plan lodged for registration and every notice of conversion shall have endorsed upon it a schedule specifying in whole numbers the lot entitlement of each lot and a number equal to the aggregate lot entitlement of all lots contained in that plan, and that lot entitlement shall determine—

(a)the voting rights of proprietors; and

(b)the quantum of the undivided share of each proprietor in the common property; and

(c)the proportion payable by each proprietor of contributions levied pursuant to section 32.

(2)In a group titles plan the lot entitlement of each lot shall (as nearly as is practicable) bear in relation to the aggregate lot entitlement of all lots contained in that plan the same proportion as the values of all the lots contained in the plan.

(3)Every group titles plan lodged for registration as such shall be accompanied by a certificate under the hand of a valuer registered under the provisions of the Valuers Registration Act 1992 setting out the valuer’s opinion as to the value, and the lot entitlement, of each lot contained in the plan.

Note—

For ‘value’ see the Land Valuation Act 2010, chapter 2 and chapter 10, part 3.

Division 2 Common property

20   Ownership of common property

(1)The common property shall be held by the proprietors as tenants in common in shares proportional to the lot entitlements of their respective lots.

(2)The registrar of titles in issuing a certificate of title for a lot shall certify therein that the proprietor holds the share in the common property appurtenant thereto in accordance with the lot entitlement of that lot as set forth in the plan.

(3)Save as in this Act provided, no share in the common property shall be disposed of except as appurtenant to the lot of the proprietor and any assurance of a lot shall operate to assure the share of the disposing party in the common property without express reference thereto.

21   Acquisition of additional common property

(1)A body corporate may, pursuant to a unanimous resolution, accept—

(a)a grant or transfer of land, not being a lot within the parcel, which abuts on the parcel; or

(b)a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel;

      for the purpose of creating additional common property.

(1A)For the purposes of the application of the Land Act 1994, a body corporate shall be deemed to be the holder or the registered proprietor in fee simple of the land comprising the parcel.

(2)A transfer or lease referred to in subsection (1) shall be accompanied by—

(a)the deed of grant or certificate of title comprising the land described in the transfer or lease or, in the case of a transfer of a lease or sublease, the registered lease referred to in the transfer or sublease; and

(b)a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the transfer or lease was a unanimous resolution;

      and, in the case of a transfer other than a transfer of a lease, there shall be lodged in the land registry a plan under the Land Title Act 1994 showing as a single lot the land comprised in the transfer and the land comprised in the parcel before the registration of the transfer.

(2A)The registrar of titles shall not—

(a)deliver to any person; or

(b)record in the register any dealings in respect of;

      a deed of grant issued in the name of a body corporate until there is registered in the land registry a plan under the Land Title Act 1994 showing as a single lot the land comprised in the grant and the land comprised in the parcel before the grant.

(3)Upon the registration under the Land Title Act 1994 of any such grant or transfer, other than a transfer of a lease, the land comprised therein becomes common property and is subject to the provisions of this Act relating to common property and the registrar of titles shall make an appropriate recording on the registered plan to which the parcel relates.

(4)Upon the registration under the Land Title Act 1994 of any such lease, transfer of a lease or sublease—

(a)the leasehold interest becomes common property and thereupon is subject to such of the provisions of this Act relating to common property as are applicable to a leasehold interest; and

(b)the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sublease, as the case may be; and

(c)the registrar of titles shall make an appropriate noting on the registered plan to which the parcel relates and on the certificate of title or the lease, as the case may be, comprising the demised land to the effect that during the term of the lease or sublease the demised land is incorporated with and as part of, the common property.

(5)A body corporate may, pursuant to a unanimous resolution and with the concurrence of the lessor, surrender a lease accepted by it under this section.

(6)Upon the registration under the Land Title Act 1994 of any such surrender the registrar of titles shall make an appropriate recording on the registered plan on which the lease was recorded.

22   Transfer or lease of part of common property

(1)A body corporate may, subject to the approval of the local government—

(a)pursuant to a unanimous resolution, execute a transfer of part of common property; or

(b)pursuant to a resolution without dissent, execute a lease of or rent part of common property;

      other than common property the subject of a lease accepted or acquired by the body corporate under section 21(1).

(2)Subject to the approval of the local government and if not prevented by the terms of the lease a body corporate may, pursuant to a resolution without dissent, transfer a lease of common property accepted or acquired by it under section 21(1) or grant, by way of sublease, a lease of its estate or interest in common property the subject of a lease so accepted or acquired.

(3)A body corporate may, pursuant to a resolution without dissent, accept the surrender of a lease, or, if otherwise empowered so to do, re-enter under a lease granted under subsection (1) or (2) or referred to in section 5(6).

(4)Subject to subsection (7), the provisions of this Act relating to resubdivision and to appeals from any decision of a local government or failure of a local government to make a decision shall with such modifications as may be necessary apply to transfers and to leases of part of common property.

(5)A transfer or lease of part of the common property shall be with such modifications as may be necessary in conformity with the provisions of the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(6)The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have—

(a)in the case either of a memorandum of transfer or lease—consented in writing to the release of those interests in respect of the land comprised in the proposed transfer; or

(b)in the case of a lease—approved in writing of the execution of the proposed lease;

      shall execute the appropriate memorandum of transfer or lease and the memorandum of transfer or lease shall be valid and effective without execution by any person having an interest in the common property and the receipt of the body corporate for the purchase money, rent, premiums or other moneys payable to the body corporate under the terms of the memorandum of transfer or lease shall be a sufficient discharge, and shall exonerate the persons taking under the memorandum of transfer or the lessee, as the case may be, from any responsibility for the application of the moneys expressed to have been so received.

(7)The local government shall not give its approval to a transfer, lease, sublease or transfer of a lease of part of the common property unless it is satisfied—

(a)that the proposed transfer, lease, sublease or transfer of lease will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and the public interest; and

(b)that if the application for approval were an application to the local government for a certificate for the purposes of section 9(7) in respect of the subdivision of the parcel as illustrated in the plan (excluding the part the subject of the proposed transfer, lease, sublease or transfer of lease) it would be proper for the local government to direct the issue of the certificate; and

(c)that the easements, services and rights referred to in sections 15 to 18 and presently enjoyed or exercised, or capable of being enjoyed or exercised, will not be, or be likely to be, unduly interfered with by the proposed transfer, lease, sublease or transfer of lease or that suitable alternative arrangements approved by the local government have been agreed upon by the parties in relation thereto.

(8)Every—

(a)memorandum of transfer or lease executed pursuant to subsection (1); and

(b)transfer of lease or sublease executed, or surrender of lease accepted pursuant to subsection (2) or (3);

      lodged for registration with the land registry shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed, that the memorandum of, transfer, lease, sublease, transfer of lease or surrender of lease conforms with the terms thereof and that all necessary consents were given.

(9)In favour of purchasers or lessees of part of the common property and in favour of the registrar of titles the certificate shall be conclusive evidence of the matters certified therein.

(10)Upon lodgement for registration of a memorandum of transfer of part of the common property and any plan of subdivision under the Land Title Act 1994 necessary therefor, the registrar of titles shall, before issuing a certificate of title, amend the registered plan by deleting therefrom the part of common property comprised in the memorandum of transfer.

(11)The registrar of titles shall register the memorandum of transfer, the lease pursuant to subsection (1), the surrender of that lease, the transfer of lease, sublease or, as the case may be, surrender of sublease by recording particulars thereof in the register in accordance with the provisions of the Land Title Act 1994.

(12)Notwithstanding the provisions of this section a body corporate shall not grant a lease of common property where the access to or egress from the parcel by any proprietor is interfered with.

23   Creation of easements

(1)A body corporate may by unanimous resolution—

(a)execute a grant of easement; or

(b)accept a grant of easement; or

(c)surrender a grant of easement; or

(d)accept the surrender of a grant of easement.

(2)Subsection (1) does not authorise a body corporate to accept a grant or execute a surrender of easement relating to common property the subject of a lease accepted or acquired by the body corporate under section 21(1) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.

(3)A body corporate may, pursuant to a unanimous resolution, consent to the execution or acceptance by a lessor of a grant or surrender of easement relating to common property the subject of a lease accepted or acquired by the body corporate under section 21(1).

(4)The body corporate, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the body corporate have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition, shall execute the appropriate instrument and any plan necessary therefor and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the body corporate of any moneys payable to the body corporate under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received.

(5)Every instrument executed pursuant to subsection (4) and lodged for registration with the land registry shall be endorsed with or accompanied by a certificate under the seal of the body corporate that the resolution was duly passed and that all necessary consents were given.

(6)In favour of persons dealing with the body corporate pursuant to this section and in favour of the registrar of titles the certificate shall be conclusive evidence of the matters certified therein.

(7)The registrar of titles shall register the instrument creating or surrendering an easement by recording the particulars thereof in the register in the manner prescribed.

Division 3 Approval of local government

24   Approval of subdivision

(1)The provisions relating to subdivision of land contained in the Local Government (Planning and Environment) Act 1990, or any other Act, shall not apply to—

(a)a subdivision of land into lots effected by the registration of a building units plan; or

(b)a resubdivision of lots or common property or lots and common property effected by the registration of a building units plan of resubdivision.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(1A)Provided always that the boundaries of the parcel correspond with boundaries of a lawful subdivision within the meaning of the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(2)Subject to this section, the local government may direct the issue of a certificate for the purposes of section 9(7) in relation to—

(a)a subdivision of land into lots effected by the registration of a group titles plan; or

(b)a resubdivision of lots or common property or lots and common property effected by the registration of a group titles plan of resubdivision;

      notwithstanding that it does not comply with the provisions relating to subdivision contained in the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(3)To the extent to which the local government, on application stating the specific provisions from which waiver is required and the reason therefor and having regard to all the circumstances of the case, considers that waiver of compliance with those provisions is warranted, the local government is hereby authorised to waive such compliance, but the boundaries of the parcel shall correspond with the boundaries of a lawful subdivision within the meaning of the Local Government (Planning and Environment) Act 1990.

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(4)In respect of an application for a certificate for the purposes of section 9(7) the local government shall, subject to subsections (5) and (5A), direct the issue of the certificate if it is satisfied that—

(a)the subdivision complies with the applicable provisions referred to in subsections (1) and (2); and

(b)separate occupation of the proposed lots will not contravene—

(i)a planning scheme; or

(ii)a local law; or

(iii)interim development control provisions within the meaning of the Local Government (Planning and Environment) Act 1990 (the control provisions); or

Editor’s note—

Local Government (Planning and Environment) Act 1990—see the Acts Interpretation Act 1954, section 14H and the Integrated Planning Act 1997.

(iv)the policies of the local government in force—

(A)in the case of a building units plan—at the date of the approval given by the local government to the erection of the building; or

(B)in the case of a group titles plan—at the date of lodgement of the application; and

(c)any consent or approval required under a planning scheme, a local law or control provisions has been given for the separate occupation of the proposed lots; and

(d)the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case, the public interest and the adequacy of access drives and parking areas within the common property.

(5)Within 40 days (or such longer period as may be approved by the Minister for the time being charged with the administration of the Local Government (Planning and Environment) Act 1990) after the date of receipt of the application in respect of a group titles plan for a certificate for the purposes of section 9(7), the local government shall notify the applicant in writing of its decision to approve and the conditions imposed (if any) or refuse the application but the local government shall not issue such a certificate until it is satisfied that any necessary works lawfully required by the conditions of approval are completed and any money lawfully required to be paid to the local government is paid and that the applicant has entered into any necessary agreement with the local government lawfully required and has furnished any security lawfully required and that all other conditions of approval lawfully required have been complied with in every respect.

7   Motions out of order

The chairperson of a meeting may rule a motion out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable.

8   Method of casting votes

Except as provided in section 5(3), a vote may be cast at a meeting by a person entitled to vote, either personally or by the person’s proxy duly appointed in writing.

9   Chairperson to preside

The chairperson of the body corporate, if present shall preside at the meeting and, in the chairperson’s absence, the persons present and entitled to vote at the meeting may elect one of their number to preside at the meeting and the person so elected shall, while the person is so presiding, be deemed to be the chairperson of the body corporate.

10   Chairperson to have available names of persons entitled to vote

The chairperson at a meeting shall have available for inspection, before submitting a matter to a vote at the meeting, a list of the names of the persons who are entitled to vote on that matter.

11   Counting of votes on election of chairperson, secretary, treasurer and committee

Each person entitled to vote on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee has 1 vote in respect of each lot in respect of which the person is entitled to vote.

12   Counting of votes

(1)Subject to this section, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote.

(2)If—

(a)a poll is demanded by any person entitled to vote at a meeting on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1), and the demand is made by that person personally at the meeting; or

(b)a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;

      the motion shall be decided according to the value, ascertained in accordance with subsection (3), of the votes cast for and against the motion, whether personally or by proxy.

(3)For the purposes of subsection (2) the value of a vote cast on a motion submitted at a meeting by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.

(4)Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot.

(4A)A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy.

(5)A poll shall be taken in such manner as the chairperson thinks fit.

(6)A demand for a poll may be withdrawn by the person who made it.

(7)In the case of equality in the votes whether on a show of hands or on a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote.

13   Chairperson’s declaration of vote

The declaration of the chairperson of the result of the voting on any motion submitted at a meeting, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the motion.

14   Amendment or revocation of certain resolutions

A unanimous resolution, resolution without dissent or special resolution of a body corporate may not be amended or revoked at a meeting except by a subsequent unanimous resolution, resolution without dissent or special resolution, as the case may be.

15   Appointment of proxy

(1)An instrument appointing a proxy shall be in writing under the hand of the person making the appointment or the person’s attorney, and may be either general or for a particular meeting.

(2)A proxy need not be a proprietor.

Part 2    Meetings other than first annual general meeting

1   General meetings of body corporate

(2)A general meeting of a body corporate (in this section called an extraordinary general meeting), which is not an annual general meeting, shall be held whenever it is convened by the committee.

(2A)All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting.

(3)Without limiting the power of a committee under subsection (2)—

(a)the secretary of a committee or, in the secretary’s absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement; and

(b)where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subsection, the member may give, on behalf of the committee, the notice required to be given under subsection (4).

(4)Notice of a general meeting of a body corporate shall—

(a)be served on each proprietor and first mortgagee of a lot, as ascertained from the roll, at least 7 days before the meeting; and

(b)set forth the date and time when and the place where the meeting is to be held; and

(c)where it is so served on a first mortgagee of a lot—include the name of the proprietor of the lot and the addresses of the lot; and

(d)set forth the business of the meeting and therein, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and

(e)where it is so served pursuant to a requisition referred to in subsection (3)(a), specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition.

(4AA)Nothing in subsection (4)(a) requires a proprietor to serve on himself or herself notice referred to therein.

(4A)A general meeting of a body corporate shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee.

(5)Every notice for an annual general meeting shall—

(a)be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D(1)(c) of this Act and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts—

(i)is in agreement with the accounts; and

(ii)in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and

(b)include a form of motion for adoption of those accounts; and

(ba)include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and

(c)when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and

(d)if no nomination is received for any such position prior to the closing date, contain advice that the position will be filled from nominations received from the floor of the meeting.

(5A)The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited.

(5B)However, such a motion shall not be carried except by a special resolution.

(5C)If the motion is so carried the motion referred to in subsection (5)(ba) shall not be proceeded with.

(5D)Nothing in subsections (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited.

(6)Every notice for an annual general meeting or an extraordinary general meeting shall—

(a)include—

(i)a form of motion to confirm the minutes of the last general meeting; and

(ii)where the notice is for a meeting required to be convened by a person appointed under section 43(5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and

(iii)a form of each other motion which—

(A)relates to the striking of a special monetary levy on all proprietors; or

(B)seeks to alter the rights, privileges or obligations of proprietors; or

(C)seeks to alter the annual monetary contribution of proprietors;

      to be considered at the meeting; and

(b)be accompanied by—

(i)a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and

(ii)a copy of the minutes of the last general meeting; and

(c)inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee—

(i)in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and

(ii)except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and

(iii)either—

(A)in person at the meeting; or

(B)by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or

(C)in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or

(D)in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5)(c) indicating the person’s vote thereon.

(6A)A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless the person is entitled to vote on that motion or in that election.

(6B)For the purposes of subsection (6A), a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote on that motion or in that election.

(7)A motion shall not be submitted at a general meeting unless notice of the motion has been given in accordance with this section.

(8)A reference in subsection (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in section 5(b), in respect of the motion sought to be amended.

(9)The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

(10)No business shall be raised at a meeting unless that business is set forth in the notice of the meeting.

2   Persons entitled to vote at general meetings

(1)Subject to section 131 of this Act, a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll.

(2)Notwithstanding any other provision of this section, a first mortgagee of a lot, as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee in accordance with section 131.

(3)Notwithstanding section 53(11) of this Act, coproprietors or comortgagees including, where a coproprietor or comortgagee is a corporation, the company nominee of that corporation as shown on the roll shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in section 1(6)(b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in section 1(5)(c).

(4)Only the proprietor entitled to the first of 2 or more successive estates in a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee.

(5)A proprietor who is the trustee of a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote.

(6)Notwithstanding any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of—

(a)any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or

(b)the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee;

      unless—

(c)all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and

(d)any other moneys recoverable under this Act by the body corporate from the person or the proprietor of the lot at the date of the notice given under section 1(4);

      have been duly paid before the commencement of the meeting.

(7)The voting rights conferred by this section are subject to section 53(11) and (12) of this Act.

3   Quorum

(1)A motion submitted at a general meeting of a body corporate shall not be considered at that meeting and an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee shall not be held at a meeting of the body corporate unless the number of persons present at that meeting either personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or election, constitute a quorum for considering that motion or holding that election.

(2)Except as provided in subsection (3), one-fourth of the persons entitled to vote on a motion or on an election of chairperson, secretary and treasurer of the body corporate and other members of the committee constitute a quorum for considering that motion or holding that election.

(3)Where there is no quorum, as provided in subsection (2), for considering any motion or holding an election of chairperson, secretary and treasurer of the body corporate and other members of the committee at a general meeting of a body corporate within one-half hour after that motion or business arises for consideration at that meeting, the meeting shall stand adjourned to the same day in the next week at the same place and time and if there is no quorum, as provided in subsection (2), for considering that motion or holding that election at the adjourned meeting within one-half hour after that motion or business arises for consideration, the number of persons present personally or by proxy and entitled to vote, together with the number of voters whose votes are cast in writing on that motion or on that election, constitute a quorum for considering that motion or business.

(4)A general meeting of a body corporate is, subject to this section, validly held notwithstanding that the only person present at the meeting is the chairperson of the body corporate.

4   Motions out of order

At a general meeting of a body corporate the chairperson may rule that a motion submitted at the meeting is out of order if—

(a)the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable; or

(b)except in respect of a motion to amend a motion—section 1(7) has not been complied with with respect to the motion; or

(c)in respect of a motion to amend a motion—there is any vote cast in writing, as referred to in section 5(b), in respect of the motion sought to be amended.

5   Method of casting votes

Except as provided in section 2(3), a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee may be cast—

(a)by the person entitled to vote, either personally or by the person’s proxy duly appointed in writing; or

(b)by furnishing to the secretary of the body corporate a voting paper referred to in section 1(6)(b) indicating the vote of the person entitled to vote on that motion or a ballot paper, duly completed, referred to in section 1(5)(c), as the case may be.

6   Withdrawal of voting paper

Notwithstanding that a person entitled to vote at a general meeting of a body corporate has cast a vote on a motion submitted at that meeting or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee by indicating the person’s vote on that motion on a voting paper referred to in section 1(6)(b) or ballot paper referred to in section 1(5)(c), if the person attends that meeting either personally or by another person holding a proxy, the person may before commencement of the business of the meeting notify the chairperson or secretary of the body corporate that the person withdraws that voting paper or ballot paper and, where the person does so—

(a)for the purpose of determining whether there is a quorum for consideration of any such motion or for the holding of any such election at the meeting, the person’s voting paper or ballot paper, as the case may be, shall be disregarded; and

(b)for the purpose of counting the votes on that motion or that election, the person’s voting paper or ballot paper shall be disregarded; and

(c)the person or the person’s proxy duly appointed in writing may vote on that motion or that election at the meeting in the same manner as if the person had not furnished that voting paper or ballot paper.

7   Chairperson to preside

The chairperson of a body corporate shall preside at a general meeting of the body corporate at which the chairperson is present and, in the chairperson’s absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect a person present at the meeting to preside at that meeting and the person so elected shall, while the person is so presiding, be deemed to be the chairperson of the body corporate.

8   Scrutineers

At a general meeting, the chairperson may appoint persons as scrutineers who shall be entitled to inspect all voting papers and ballot papers furnished to the secretary of the body corporate under section 5(b) and relating to business at that meeting.

9   Chairperson to have available names of persons entitled to vote

The chairperson at a general meeting of the body corporate shall have available for inspection, before submitting a motion to the meeting or the holding of the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee, a list of the names of the persons who are entitled to vote on that motion or at that election.

10   Counting of votes on election of chairperson, secretary, treasurer and committee

Each person entitled to vote on an election of the chairperson, secretary and treasurer of a body corporate and other members of the committee has 1 vote in respect of each lot in respect of which the person is entitled to vote.

11   Counting of votes on motions

(1)Subject to this section, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote.

(2)If—

(a)a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1), and the demand is made by that person personally at the meeting or on the voting paper on which the person votes in respect of that motion; or

(b)a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;

      the motion shall be decided according to the value, ascertained in accordance with subsection (3), of the votes cast for and against the motion, whether personally, by proxy or in writing.

(3)For the purposes of subsection (2) the value of a vote cast on a motion submitted at a general meeting of a body corporate by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.

(4)Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot.

(4A)A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy.

(5)A poll shall be taken in such manner as the chairperson thinks fit.

(6)A demand for a poll may be withdrawn by the person who made it.

(7)In the case of equality in the votes whether on a show of hands or in a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote.

12   Chairperson’s declaration of vote

The declaration of the chairperson of the result of the voting on any motion submitted at a general meeting of the body corporate, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the motion.

13   Requisition for motion to be included on agenda for general meeting

(1)Any person entitled to vote at a general meeting of a body corporate may by notice in writing served on the secretary of the committee require inclusion in the agenda of the next general meeting of the body corporate (other than a meeting in respect of which notices have already been given under section 1(4)) of a motion set out in the firstmentioned notice and the secretary shall comply with the notice.

(2)For the purposes of subsection (1), a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate would be entitled to vote at a general meeting of the body corporate or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote at that meeting.

14   Amendment or revocation of resolution

A unanimous resolution, resolution without dissent or special resolution of a body corporate may not be amended or revoked except by a subsequent unanimous resolution, resolution without dissent or special resolution, as the case may be.

15   Duties of original proprietor until officers elected

Until the offices of chairperson, secretary and treasurer of the body corporate are filled the powers, authorities, duties and functions conferred or imposed on the holders of those offices shall be exercised and performed by the original proprietor or by the original proprietor’s agent duly authorised in writing.

16   Meetings of body corporate before first annual general meeting

(1)Until the first annual general meeting of the body corporate, the original proprietor of the body corporate may convene an extraordinary general meeting and shall do so on receipt of a requisition signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement.

(2)The provisions of this part (other than section 1(2), (2A), (3) and (5)) apply to and in respect of a meeting referred to in subsection (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.

17   Appointment of proxy

(1)An instrument appointing a proxy shall be in writing under the hand of the person making the appointment or the person’s attorney, and may be either general or for a particular meeting.

(2)A proxy need not be a proprietor.

Schedule 3 By-laws

section 30

1   Noise

A proprietor or occupier of a lot shall not upon the parcel create any noise likely to interfere with the peaceful enjoyment of the proprietor or occupier of another lot or of any person lawfully using common property.

2   Vehicles

Save where a by-law made pursuant to section 30(7) of this Act authorises a proprietor or occupier so to do, the proprietor or occupier of a lot shall not park or stand any motor or other vehicle upon common property except with the consent in writing of the body corporate.

3   Obstruction

A proprietor or occupier of a lot shall not obstruct lawful use of common property by any person.

4   Damage to lawns etc. on common property

A proprietor or occupier of a lot shall not—

(a)damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon common property; or

(b)except with the consent in writing of the body corporate, use for his or her own purposes as a garden any portion of the common property.

5   Damage to common property

(1)A proprietor or occupier of a lot shall not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the consent in writing of the body corporate, but this by-law does not prevent a proprietor or person authorised by the proprietor from installing—

(a)any locking or other safety device for protection of his or her lot against intruders; or

(b)any screen or other device to prevent entry of animals or insects upon his or her lot.

(2)Provided that the locking or other safety device or, as the case may be, screen or other device is constructed in a competent manner, is maintained in a state of good and serviceable repair by the proprietor and does not detract from the amenity of the building.

6   Behaviour of invitees

A proprietor or occupier of a lot shall take all reasonable steps to ensure that his or her invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the proprietor or occupier of another lot or of any person lawfully using common property.

7   Depositing rubbish etc. on common property

A proprietor or occupier of a lot shall not deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the proprietor or occupier of another lot or of any person lawfully using the common property.

8   Appearance of building

In the case of a building units plan, a proprietor or occupier of a lot shall not, except with the consent in writing of the body corporate, hang any washing, towel, bedding, clothing or other article or display any sign, advertisement, placard, banner, pamphlet or like matter on any part of his or her lot in such a way as to be visible from outside the building.

9   Storage of flammable liquids etc.

A proprietor or occupier of a lot shall not, except with the consent in writing of the body corporate, use or store upon his or her lot or upon the common property any flammable chemical, liquid or gas or other flammable material, other than chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any such chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal-combustion engine.

10   Garbage disposal

A proprietor or occupier of a lot shall—

(a)save where the body corporate provides some other means of disposal of garbage, maintain within his or her lot, or on such part of the common property as may be authorised by the body corporate, in clean and dry condition and adequately covered, a receptacle for garbage; and

(b)comply with all local government local laws and ordinances relating to the disposal of garbage; and

(c)ensure that the health, hygiene and comfort of the proprietor or occupier of any other lot is not adversely affected by his or her disposal of garbage.

11   Keeping of animals

Subject to section 30(12) of this Act, a proprietor or occupier of a lot shall not, without the approval in writing of the body corporate, keep any animal upon his or her lot or the common property.

20   [Repealed]

21   [Repealed]

Schedule 4 Provisions applying to committees and office bearers

section 48B

1   Committee’s power to employ agents and servants

Subject to sections 46, 48 and 50 of this Act, a committee may employ for and on behalf of the body corporate such agents and servants as it thinks fit in connection with the exercise and performance of the powers, authorities, duties and functions of the body corporate.

2   Noticeboard

A committee shall cause a noticeboard to be affixed to some part of the common property.

3   Meetings and delegation of powers and duties

The committee may—

(a)subject to sections 4 and 5, meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit; or

(b)subject to any restriction imposed or direction given at a general meeting, delegate to 1 or more of its members such of its powers and duties as it thinks fit and at any time revoke such delegation.

4   Meeting at request of members

The secretary of the body corporate or in the secretary’s absence, any member of the committee, at the request of not less than one-third of the members of the committee, shall convene a meeting of the committee within the period of time (if any) specified in the request or, if not so specified, within 7 days of the making of the request.

5   Place of meeting

A meeting of the committee shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, any person entitled to vote at that meeting objects to that place by notice in writing to the secretary of the committee.

6   Notice of committee meetings

(1)The secretary of the committee must serve notice of a meeting of the committee on—

(a)each member of the committee; and

(b)each proprietor; and

(c)each first mortgagee of a lot.

(2)The notice must be served—

(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)The notice must—

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

(b)be accompanied by the agenda for the meeting.

(4)A copy of the notice must be placed on the noticeboard at least 24 hours before the meeting.

(5)Subsection (1) does not apply in relation to a person who—

(a)has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given notice of meetings of the committee; and

(b)has not withdrawn the instruction.

7   Voting in writing by members of committee

(1)This section applies if—

(a)the secretary of the committee—

(i)places a copy of a motion for a proposed resolution on the noticeboard; and

(ii)serves a copy of the motion on each member of the committee; and

(iii)gives a copy of the motion to each proprietor and first mortgagee of a lot; and

(b)a majority of the members of the committee approve the resolution in writing.

(2)The resolution is, subject to section 45(3) of this Act, as valid as if it had been duly passed at a duly convened meeting of the committee.

(3)Subsection (1)(a)(iii) does not apply—

(a)in relation to a proprietor or first mortgagee of a lot who—

(i)has given the secretary of the committee a written notice instructing the secretary that the person does not wish to be given copies of motions; and

(ii)has not withdrawn the instruction; or

(b)in an emergency.

(4)Sections 45A and 45B of this Act apply in relation to a voting member of a committee voting under this section in the same way as they apply in relation to a voting member of a committee voting at a meeting of the committee that is held.

8   Minute of certain resolutions to be included in committee’s minutes

The committee shall cause to be included in its minutes a minute of all resolutions passed pursuant to section 7.

9   Acts etc. of committee valid notwithstanding vacancies

Any act or proceeding of a committee done in good faith is, notwithstanding that at the time when the act or proceeding was done, taken or commenced there was—

(a)a vacancy in the office of a member of the committee; or

(b)a defect in the appointment, or a disqualification of a member;

as valid as if the vacancy, defect or disqualification did not exist and the committee were fully and properly constituted.

10   Powers and duties of secretary

The powers and duties of a secretary of a body corporate include—

(a)the preparation and distribution of minutes of meetings of the body corporate and the submission of a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting; and

(b)the giving on behalf of the body corporate and of the committee of the notices required to be given under this Act; and

(c)the maintenance of the roll; and

(d)the supply of information on behalf of the body corporate in accordance with section 40(1)(a) and (b) of this Act; and

(e)the answering of communications addressed to the body corporate; and

(f)the calling of nominations of candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee; and

(g)subject to sections 5(7B), 29(1) and (6) and 43(3) of this Act and section 3(b), the convening of meetings of the body corporate and of the committee.

11   Powers and duties of treasurer

The powers and duties of a treasurer of a body corporate include—

(a)the notifying of proprietors of any contributions levied pursuant to this Act; and

(b)the receipt, acknowledgement and depositing at a financial institution of and the accounting for any money paid to the body corporate; and

(c)the preparation of any certificate applied for under section 40(1)(c) of this Act; and

(d)the keeping of the books of account referred to in section 38D(1)(b) of this Act and the preparation of the statement of accounts referred to in section 38D(1)(c) of this Act.