Building Units and Group Titles Act 1994 (Qld)

Queensland BUILDING UNITS AND GROUP TITLES ACT 1994 Act No. 69 of 1994

Queensland BUILDING UNITS AND GROUP TITLES ACT 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Relationship between Act and Land Title Act . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—SUBDIVISION INTO COMMUNITY TITLES Division 1—Primary plans 5 Division of land by primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Requirements for primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Application for registration of primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Registration of primary plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—Subdivision by community titles plans 9 Subdivision of land by community titles plans . . . . . . . . . . . . . . . . . . . . . . . 17 10 Requirements for building units plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Additional requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 12 Requirements for group titles plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13 Additional requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Application for registration of community titles plan . . . . . . . . . . . . . . . . . . 22 15 Registration of community titles plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 3—Name 16 Name of building or parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Reservation of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18 Period of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2 Building Units and Group Titles No. 69, 1994 19 Effect of reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 4—Lot entitlements 20 Lot entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 21 Change of lot entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 5—Statutory easements 22 Easements for support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 23 Easements for services and service infrastructure . . . . . . . . . . . . . . . . . . . . . 25 24 Easements for shelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 25 Easements for projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 Ancillary rights and obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 6—The common property 27 What is common property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 28 Ownership of common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 29 Rights and responsibilities for common property . . . . . . . . . . . . . . . . . . . . . 27 Division 7—Changes to registered plan 30 Changes to registered plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 31 Form of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 32 Amendment of plans in staged development scheme . . . . . . . . . . . . . . . . . . 28 33 Who may make application for registration of amendment to plan . . . . . . 29 34 Documents to accompany application for registration . . . . . . . . . . . . . . . . . 30 35 Changes to the plan by amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 8—Reinstatement schemes 36 Reinstatement schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 37 Registration of order directing changes to plan . . . . . . . . . . . . . . . . . . . . . . . 33 Division 9—Extinguishing registered plans 38 Extinguishing registered plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 39 Application to extinguish registered plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 40 Registration of extinguishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 41 Dissolution of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 42 Effects of extinguishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

3 Building Units and Group Titles No. 69, 1994 PART 3—MANAGEMENT STRUCTURES AND ARRANGEMENTS Division 1—Body corporate 43 Establishment of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 44 Corporations Law does not apply to body corporate . . . . . . . . . . . . . . . . . . . 36 45 Name of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 46 Address of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 47 Body corporate’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2—Membership of body corporate 48 Membership of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 3—Body corporate’s general functions and powers 49 Body corporate’s general functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 50 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 51 Body corporate must not carry on business . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 4—Committee of body corporate 52 Committee of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 53 Election of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 54 Committee members’ proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 55 Term and casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 56 Immunity from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 5—Procedures and powers of the committee 57 Calling of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 58 Time of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 59 Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 60 Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 61 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 62 Quorum and voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 63 Voting outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 64 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 65 Power of committee to act for body corporate . . . . . . . . . . . . . . . . . . . . . . . 45 66 Carrying out resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 6—General meetings 67 Types of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

4 Building Units and Group Titles No. 69, 1994 68 Calling of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 69 Time of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 70 Place of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 71 Requirement for annual general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 72 Requirement for extraordinary general meetings . . . . . . . . . . . . . . . . . . . . . 48 73 Agenda for general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 74 Notice of general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 7—Annual general meetings 75 First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 76 Documents and materials to be handed over to body corporate at first annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 8—Procedure at general meetings 77 Presiding at general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 78 Power of presiding person to rule motion out of order . . . . . . . . . . . . . . . . . 54 79 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 80 Entitlement to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 81 Exercise of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 82 Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 83 Voting at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 84 Appointment of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 85 Secretary to have available for inspection body corporate roll etc. . . . . . . 60 86 Amendment of motions at general meetings . . . . . . . . . . . . . . . . . . . . . . . . . 60 87 Presiding person’s declaration of voting results . . . . . . . . . . . . . . . . . . . . . . 60 88 Amendment or revocation of resolution of general meeting . . . . . . . . . . . . 60 89 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 4—MANAGEMENT AND SERVICE CONTRACTS Division 1—Appointment of body corporate managers and service contractors 90 Appointment of body corporate manager or service contractor . . . . . . . . . . 61 91 Authority to enter into or amend contract . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 92 Form of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 93 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

5 Building Units and Group Titles No. 69, 1994 Division 2—Transfer 94 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 3—Terminating body corporate management contracts and service contracts 95 Discretionary termination of early appointments of body corporate manager or service contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 96 Termination of body corporate management contract or service contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 5—Use of common property 97 Use of common property by service contractor . . . . . . . . . . . . . . . . . . . . . . . 66 98 Notices to be given to the Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 PART 5—FINANCIAL MANAGEMENT Division 1—Budget 99 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2—Levies 100 Contributions to be levied on owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 101 Discounts for timely payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 102 Penalties for late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 103 Notice of contribution payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 104 Payment and recovery of contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 3—Administrative and sinking funds 105 Administrative and sinking funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 106 Application of administrative and sinking funds . . . . . . . . . . . . . . . . . . . . . . 73 107 Special provision for certain staged development schemes . . . . . . . . . . . . . 73 Division 4—Borrowing 108 Power to borrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 5—Control of spending 109 Spending by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 110 Limitation on major spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 6—Accounts and audit 111 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 112 Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

6 Building Units and Group Titles No. 69, 1994 PART 6—PROPERTY MANAGEMENT Division 1—Body corporate’s responsibilities 113 Body corporate’s duties about common property etc. . . . . . . . . . . . . . . . . . . 78 114 Body corporate’s responsibility in building units scheme . . . . . . . . . . . . . . 79 115 Mail box and notice board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 2—Acquisition and disposal of common property 116 Acquisition of land by body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 117 Disposal of interest in common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 3—Easements 118 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 4—Improvements to common property 119 Improvements to the common property by the body corporate . . . . . . . . . . 83 120 Improvements to common property by owners . . . . . . . . . . . . . . . . . . . . . . . 83 121 Improvements to common property in staged development scheme . . . . . . 84 Division 5—Amenities and services 122 Acquisition of amenities for benefit of owners . . . . . . . . . . . . . . . . . . . . . . . 84 123 Acquisition of personal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 124 Supply of services by body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 6—Power to act for owners and occupiers 125 Body corporate may carry out work required of owners and occupiers . . . . 85 126 Body corporate’s power to take action to remedy defective building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 7—Power to enter lot 127 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 PART 7—CONDUCT OF OCCUPIERS 128 Interference with easements of support or shelter . . . . . . . . . . . . . . . . . . . . . 87 129 Interference with services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 130 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 131 Maintenance of lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 PART 8—BY–LAWS 132 Power to make by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 133 Exclusive use by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 134 Registration and commencement of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 91

7 Building Units and Group Titles No. 69, 1994 135 Legal effect of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 136 Guide dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 PART 9—INSURANCE 137 Insurance of lots and common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 138 Insurance where buildings and improvements in group titles scheme mutually dependent for support on party wall . . . . . . . . . . . . . . . . . 94 139 Insurance where buildings in group titles scheme are not supported by party wall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 140 Public risk insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 141 Responsibility of original owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 142 Further insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 143 Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 144 Insurance by owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 145 Use of insurance money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 PART 10—VALUATION, RATING AND TAXING 146 How lot is to be regarded for rating or taxing purposes . . . . . . . . . . . . . . . . 99 147 Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 148 Rates, levies and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 149 Effect of amendment on liability to rates . . . . . . . . . . . . . . . . . . . . . . . . . . 100 150 Apportionment of statutory charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 PART 11—RECORDS Division 1—Notices 151 Notice of transfer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 152 Notice of intention not to proceed to enforce mortgage . . . . . . . . . . . . . . . 102 153 Body corporate may require information to be given . . . . . . . . . . . . . . . . . 102 154 Body corporate to keep notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Division 2—Records to be maintained 155 Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 156 Register of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 157 Register of body corporate management and service contracts . . . . . . . . . 104 158 Register of transactions affecting the common property . . . . . . . . . . . . . . 104 159 Register of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 160 Documents to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

8 Building Units and Group Titles No. 69, 1994 161 Information to be given to interested persons etc. . . . . . . . . . . . . . . . . . . . . 106 162 Access to records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 PART 12—SALE OF LOTS 163 Statement to be given by seller to buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 164 Contents of statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 165 Statement must be signed and dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 166 Information taken to be included in statement . . . . . . . . . . . . . . . . . . . . . . 110 167 Inaccuracies and changes of circumstances . . . . . . . . . . . . . . . . . . . . . . . . 111 168 Statement etc. to form part of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 169 Buyer may rely on information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 170 Avoidance of contract for non-compliance with Part . . . . . . . . . . . . . . . . . 111 171 Consequences of avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 172 Restriction on powers of attorney in favour of original owner . . . . . . . . . . 112 PART 13—EXEMPTIONS 173 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 PART 14—DISPUTES Division 1—Referees 174 Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 175 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 176 Protection of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Division 2—Applications to referee 177 How to make application to referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 178 Notice of application to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 179 Amendment or withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . 115 180 Inspection of applications and submissions . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 3—Investigation by referee 181 Investigation by referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 182 Investigative powers of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 4—Mediation by referee 183 Mediation by referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 5—Referee’s orders 184 Orders generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

9 Building Units and Group Titles No. 69, 1994 185 Particular orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 186 Orders affecting by-law etc. to be lodged with Registrar . . . . . . . . . . . . . . 121 187 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 188 Order to repair damage or pay compensation . . . . . . . . . . . . . . . . . . . . . . . 122 189 Appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 190 Change of body corporate’s financial year . . . . . . . . . . . . . . . . . . . . . . . . . 123 191 Ancillary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 192 Limitation on powers of referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Division 6—Enforcement of orders 193 Notice of order to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 194 Enforcement of orders for payment of amounts . . . . . . . . . . . . . . . . . . . . . . 124 195 Enforcement of other orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Division 7—Appeals from referee 196 Right to appeal to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 197 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 198 Stay of operation of orders and decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 126 199 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 200 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Division 8—Appeals from Magistrates Court 201 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 127 Division 9—Miscellaneous 202 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 203 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 204 Referee must give certain information on application . . . . . . . . . . . . . . . . 129 205 Magistrates Court in which proceeding lies . . . . . . . . . . . . . . . . . . . . . . . . 129 206 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 PART 15—MISCELLANEOUS 207 Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 208 Protection of persons dealing with body corporate . . . . . . . . . . . . . . . . . . . 130 209 Body corporate to be taken to be owner of parcel for certain Acts etc. . . 131 210 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 211 Representation in planning proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

10 Building Units and Group Titles No. 69, 1994 212 Liability of owners to judgment debts of body corporate . . . . . . . . . . . . . . 131 213 Service of legal process etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 214 Exercise of statutory powers of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 215 Prevention of contracting out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 216 Procedures of Supreme Court in proceedings under this Act . . . . . . . . . . . 132 217 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 218 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 219 References to body corporate managers and service contractors . . . . . . . 133 220 Facsimile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 221 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PART 16—TRANSITIONAL PROVISIONS 222 Certain arrangements to continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 223 Saving of existing community titles schemes etc . . . . . . . . . . . . . . . . . . . . 135 224 Saving of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 225 Saving of special rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 226 Investigations by referee under former Act etc. . . . . . . . . . . . . . . . . . . . . . . 138 227 References to former Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 PART 17—REPEAL AND AMENDMENTS 228 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 229 Amendments—Sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 140 BY–LAWS 1 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 2 Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 3 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 4 Damage to lawns etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 5 Damage to common property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 6 Behaviour of invitees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 7 Leaving of rubbish etc. on the common property . . . . . . . . . . . . . . . . . . . . 141 8 Appearance of lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

11 Building Units and Group Titles No. 69, 1994 9 Storage of flammable materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 10 Garbage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 11 Keeping of animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 144 AMENDMENT OF ACTS AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . 144 FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 146 LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT)ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . 159 MORTGAGES (SECONDARY MARKET) ACT 1984 . . . . . . . . . . . . . . . 167 REGISTRATION OF PLANS (H.S.P. (NOMINEES) PTY.LIMITED) ENABLING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 REGISTRATION OF PLANS (STAGE 2) (H.S.P. (NOMINEES)PTY. LIMITED) ENABLING ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 RETIREMENT VILLAGES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 175 STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 181 DICTIONARY

Queensland Building Units and Group Titles Act 1994 Act No. 69 of 1994 An Act providing for the establishment and administration of community titles schemes, and for other purposes [Assented to 1 December 1994]

s 1 14 Building Units and Group Titles The Parliament of Queensland enacts— s4 No. 69, 1994 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Building Units and Group Titles Act 1994 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Dictionary 3. The dictionary 1 in Schedule 3 defines particular words used in this Act. ˙ Relationship between Act and Land Title Act 4.(1) This Act and the Land Title Act 1994 must be read together as a single Act. (2) However, if there is an inconsistency between this Act and the LandTitle Act 1994 , this Act prevails to the extent of the inconsistency. Example of inconsistency— Under this Act a lot is a lot in a registered plan. Under the Land Title Act 1994 (section 4), a lot is a separate, distinct parcel of land created on the registration of a plan of survey or the recording of particulars of a deed of grant, and includes a lot within the meaning of this Act. Because of subsection (2), this Act’s definition of lot, and not the LandTitleAct definition, applies throughout this Act and to this Act’s application to the LandTitleAct. Thus a lot mentioned in section 25 (Easements for projections) is a lot within the meaning of this Act and not a lot within the meaning of the Land Title Act. 1 In some Acts, definitions are contained in a dictionary that appears as the last Schedule and forms part of the Act—see Acts Interpretation Act 1954 , section 14.

s 5 15 s 6 Building Units and Group Titles No. 69, 1994 PART 2—SUBDIVISION INTO COMMUNITY TITLES Division 1—Primary plans ˙ Division of land by primary plan 5.(1) Land may be divided into development lots and primary common property by registration of a primary plan. (2) A primary plan must relate to all the land included in a Land Title Act allotment. ˙ Requirements for primary plan 6.(1) A primary plan must indicate the general purposes for which the lots, to be included in the community titles schemes proposed for the land, are intended to be used. Example— The primary plan may provide for the division of land into 4 development lots— • 1 to be divided by group titles plan into 12 connected townhouses • 1 to be divided by building units plan into 20 residential units for holiday letting • 1 to be divided by building units plan into 10 lots for shops and offices • 1 to be divided by group titles plan into 4 residential lots with stand alone houses. (2) A primary plan must— (a) delineate the development lots and the primary common property into which the land is, in the first instance, to be divided; and (b) show the area of each development lot and of the primary common property; and (c) state the lot entitlement of each development lot; and (d) state the name and address for service of the primary body corporate; and

s 7 16 s 7 Building Units and Group Titles No. 69, 1994 (e) state whether secondary bodies corporate are to be formed on the registration of secondary plans; and (f) contain the further information required under the regulations; and (g) be accompanied by the master plan. (3) The master plan must— (a) provide for the further subdivision of the development lots by secondary plans; and (b) state the number of lots into which each development lot is to be subdivided. (4) The master plan may provide for the further division of a development lot into 2 or more development lots. ˙ Application for registration of primary plan 7. An application for registration of a primary plan must be— (a) made by the registered owner of the land to which the plan relates; and (b) accompanied by certificates by the local government approving— (i) the division of the land into development lots and primary common property in accordance with the plan; and (ii) the further subdivision of the development lots, subject to the submission of appropriate secondary plans, into lots and common property; and (c) accompanied by a certificate by a licensed valuer certifying— (i) the unimproved value of each of the development lots; and (ii) that the schedule of lot entitlements of the development lots accurately reflects the relative unimproved value of the development lots; and (d) accompanied by a certificate by a licensed surveyor certifying the accuracy of the plan; and

s 8 17 s 10 Building Units and Group Titles No. 69, 1994 (e) accompanied by any certificate of title for the land; and (f) accompanied by the other documents required under the regulations. ˙ Registration of primary plan 8.(1) If a primary plan and the application for its registration comply with this Act, the Registrar must register the plan by allocating a number to the plan and registering it in the freehold land register. (2) Before registering the primary plan, the Registrar may inspect the parcel to which the plan relates. (3) Within 28 days after registering the primary plan, the Registrar must give a copy of the plan to the local government and the body corporate. Division 2—Subdivision by community titles plans ˙ Subdivision of land by community titles plans 9.(1) Land may be subdivided into lots and common property by registration of a community titles plan. (2) The community titles plan must relate to— (a) all of the land included in a Land Title Act allotment; or (b) all of a development lot in a staged development scheme. ˙ Requirements for building units plan 10.(1) A building units plan must indicate the general purposes for which the lots are intended to be used. 2 2 The body corporate may make by-laws regulating the use and enjoyment of the common property and the lots (section 132(2)(b) (Power to make by-laws)). However, a by-law cannot restrict the commercial use of a lot unless the owner agrees (section 132(3)), cannot restrict the type of residential use to which a lot that is available for residential use may be put (section 132(4)), and cannot prevent or restrict a transmission, transfer, mortgage or other dealing with a lot (section 135(2) (Legal effect of by-laws)).

s 10 18 s 10 Building Units and Group Titles No. 69, 1994 Examples— 1. The plan may indicate that the lots are to be used for— • long-term residence (3 months or more) • short-term holiday letting • a mixture of long-term residence and holiday letting. 2. The plan may indicate that the lots are to be used for— • shops • professional offices • a mixture of shops and professional offices. (2) A building units plan must— (a) delineate the external surface boundaries of the parcel; and (b) define the location of the building by reference to the external surface boundaries; and (c) include a drawing of the lots, distinguishing each lot by number; and (d) define the boundaries of each lot in the building by reference to structural elements of the building, including, for example, floors, walls and ceilings; and (e) state the approximate floor area of each lot; and (f) state the lot entitlement of each lot; and (g) if there is a party wall between the building to which the plan relates and another building—delineate the party wall easement; and (h) state the name of the building; and (i) state the address of the body corporate for the service of documents; and (j) comply with other requirements prescribed under the regulations. (3) The position of the boundaries of a lot is fixed on the following basis—

s 11 19 s 11 Building Units and Group Titles No. 69, 1994 (a) if the lot is separated from another lot, or the common property, by a floor, wall or ceiling—the boundary is at the centre of the floor, wall or ceiling; and (b) if a lot includes a balcony, courtyard, roof garden or other area not bounded, or completely bounded, by floor, walls and ceiling—the boundary is to be in a position— (i) fixed under the regulations; or (ii) if there is no relevant regulation— shown or described on the plan and approved by the Registrar. ˙ Additional requirements for registration 11.(1) A building units plan lodged for registration must be endorsed with, or accompanied by— (a) a certificate by a licensed surveyor certifying that— (i) each lot is within the external surface boundaries of the parcel; and (ii) the building is completely within the external surface boundaries of the parcel, or is within the external surface boundaries of the parcel, apart from parts of the building projecting beyond the boundaries for which— (A) an appropriate easement has been granted for the benefit of the parcel; or (B) if the projection is over property under the management of the local government or another public authority— an appropriate licence or consent has been obtained; and (iii) the building is not supported by a building outside the parcel, or the building is supported by a building outside the parcel and an appropriate registered easement of support exists; and (b) a certificate by an architect, building designer, or building officer of the local government, certifying that— (i) the building has been substantially completed in accordance with plans and specifications approved by the local government; or

s 11 20 s 11 Building Units and Group Titles No. 69, 1994 (ii) the building was built before legislation requiring the local government’s approval came into operation 3 and— (A) later work for which the local government’s approval was required has not been carried out in relation to the building; or (B) later work for which the local government’s approval was required has been carried out, and the work has been substantially completed in accordance with plans and specifications approved by the local government; and (c) other information and materials required under the regulations. (2) If the certificate under subsection (1)(b)(ii) cannot be obtained from an architect, building designer, or building officer of the local government, the certificate may be given by the owner of the building. (3) A person must not make a certificate under this section containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units. (4) It is enough for a complaint against a person for an offence against subsection (3) to state that the document was false, misleading or incomplete to the person’s knowledge. (5) A local government, or a local government employee, incurs no civil liability for a false, misleading or incomplete certificate made under this section. 3 1 February 1973.

s 12 21 s 13 Building Units and Group Titles No. 69, 1994 ˙ Requirements for group titles plan 12.(1) A group titles plan must state the general purpose for which the lots are intended to be used. 4 Example— The plan may state that the lots are to be used for residential purposes. (2) A group titles plan must— (a) delineate the external surface boundaries of the parcel; and (b) delineate the lots and distinguish each lot by number; and (c) delineate the common property; and (d) state the area of each lot and of the common property; and (e) state the lot entitlement of each lot; and (f) state the name of the parcel; and (g) state the address of the body corporate for the service of documents; and (h) comply with the other requirements prescribed under the regulations. ˙ Additional requirements for registration 13. A group titles plan lodged for registration must be endorsed with, or accompanied by— (a) a certificate by a licensed surveyor certifying the accuracy of the plan; and (b) a certificate by a licensed valuer certifying— (i) the unimproved value of each of the lots; and 4 The body corporate may make by-laws regulating the use and enjoyment of the common property and the lots (section 132(2)(b) (Power to make by-laws)). However, a by-law cannot restrict the commercial use of a lot unless the owner agrees (section 132(3)), cannot restrict the kind or residential use to which a lot that is available for residential use may be put (section 132(4)), and cannot prevent or restrict a transmission, transfer, mortgage or other dealing with a lot (section 135(2) (Legal effect of by-laws)).

s 14 22 s 16 Building Units and Group Titles No. 69, 1994 (ii) that the schedule of lot entitlements accurately reflects the relative unimproved value of the lots. ˙ Application for registration of community titles plan 14. An application for registration of a community titles plan must be— (a) made by the registered owner of the land to which the plan relates; and (b) accompanied by a certificate by the local government certifying that the subdivision of land into lots and common property in accordance with the plan has been approved or noted as required under the LocalGovernment(PlanningandEnvironment)Act1990 ; and (c) accompanied by any certificate of title for the land; and (d) accompanied by the other documents required under the regulations. ˙ Registration of community titles plan 15.(1) If a community titles plan and the application for its registration comply with this Act, the Registrar must register the plan by allocating a number to the plan and registering it in the freehold land register. (2) Before registering the community titles plan, the Registrar may inspect the parcel to which the plan relates. (3) Within 28 days after registering the community titles plan, the Registrar must give a copy of the plan to the local government and the body corporate. Division 3—Name ˙ Name of building or parcel 16.(1) The name of the building in a registered building units plan is the building’s name shown on the plan.

s 17 23 s 18 Building Units and Group Titles No. 69, 1994 (2) The name of the parcel in a registered plan (other than a building units plan) is the parcels’s name shown on the plan. (3) The Registrar may refuse to register a plan if the name of the building or parcel shown on the plan— (a) is the same as the name of the building or parcel shown on another registered plan of the same type; or (b) is the same as a name reserved under this Division for a person other than the applicant; or (c) is reserved under the South Bank Corporation Act 1989 ; 5 or (d) is, in the Registrar’s opinion, undesirable. ˙ Reservation of name 17.(1) The Registrar may, on application, reserve a name stated in the application as the name of— (a) the building in a proposed building units plan; or (b) the parcel in another type of proposed plan. (2) The Registrar must reserve the name if satisfied the name is acceptable for registration under this Act. ˙ Period of reservation 18.(1) The reservation of a name is for an initial period of 2 years and may be extended by the Registrar for an additional period of 1 year. (2) The extension may be granted on an application made, within the initial period, by the person for whom the name is reserved. (3) However, the reservation ends if— (a) the person withdraws the reservation; or (b) a plan is registered in which the reserved name is given to a building or parcel. 5 See Schedule 7, section 9(3A), of the South Bank Corporation Act 1989 .

s 19 24 s 21 Building Units and Group Titles No. 69, 1994 ˙ Effect of reservation 19. If a name reserved under this Division is proposed for a building or a parcel in a plan or amendment by a person other than the person for whom the name was reserved, the plan or amendment may be registered only if the name is changed. Division 4—Lot entitlements ˙ Lot entitlements 20.(1) Each lot created by a plan has a lot entitlement. (2) The lot entitlement of a lot must be a whole number. (3) The lot entitlement for each lot must be shown on a schedule forming part of the registered plan. ˙ Change of lot entitlements 21.(1) The lot entitlements of the lots created by a building units plan may be changed— (a) by unanimous resolution of the body corporate; or (b) by order of the Supreme Court made on the application of the owner of a lot; or (c) if the total lot entitlements of the lots subject to the change is not affected—by agreement between the owners of the lots and with the consent of the registered mortgagees and lessees of the lots. (2) The Supreme Court may make an order for changing lot entitlements under subsection (1)(b) if satisfied the change is just and equitable. (3) However, a change of lot entitlements does not take effect until the plan is changed by registration of an amendment including the change. (4) The Registrar may amend a plan to change lot entitlements if the change is necessary to preserve the relative lot entitlements of the lots.

s 22 25 s 23 Building Units and Group Titles No. 69, 1994 Examples of amendments under subsection (4)— 1. If a lot with a lot entitlement of 1 is divided by an amendment to the plan into 2 lots, each with a lot entitlement of 1, the Registrar may double the lot entitlements of the other lots to preserve the previous relativity. 2. If a development lot in a staged development scheme is subdivided by a secondary plan, and a secondary body corporate is not established on registration of the secondary plan, the Registrar may change the lot entitlements of other development lots, or of lots created by previous secondary plans, to preserve the relativity between the lot entitlements of the development lots. Division 5—Statutory easements ˙ Easements for support 22. An easement of lateral or subjacent support exists— (a) in favour of a lot against another lot capable of providing lateral or subjacent support; and (b) in favour of a lot against the common property, if the common property is capable of providing lateral or subjacent support; and (c) in favour of the common property against a lot capable of providing lateral or subjacent support. ˙ Easements for services and service infrastructure 23.(1) An easement exists in favour of a lot and against other lots and the common property for supplying services to the lot and establishing and maintaining service infrastructure reasonably necessary for supplying services to the lot. (2) However, the easement must not interfere unreasonably with the use or enjoyment of the lot or part of the common property against which the easement lies. (3) An easement exists in favour of the common property and against the lots for supplying services to the common property and establishing and maintaining service infrastructure reasonably necessary for supplying services to the common property.

s 24 26 s 27 Building Units and Group Titles No. 69, 1994 (4) However, the easement must not interfere unreasonably with the use or enjoyment of the lots against which the easement lies. ˙ Easements for shelter 24. An easement entitling the owner of a lot in a building units scheme to have the lot sheltered by parts of the building necessary to provide shelter exists against the lots or parts of the common property where the relevant parts of the building are situated. ˙ Easements for projections 25. If— (a) a building (whether built before or after registration of the plan) is situated on a lot created on registration of a group titles plan; and (b) eaves, guttering, awnings, window sills, or other minor parts of the building (as originally built) project beyond the boundaries of the lot; an easement exists in favour of the lot and against the part of the lot or common property over which the projection lies permitting the projection. ˙ Ancillary rights and obligations 26. Ancillary rights and obligations necessary to make easements effective apply to easements under this Division. Division 6—The common property ˙ What is common property? 27.(1) A body corporate’s common property consists of— (a) parts of a parcel (including buildings or other parts of buildings and improvements) that are not within a lot; and (b) the service infrastructure.

s 28 27 s 29 Building Units and Group Titles No. 69, 1994 (2) However, a part of the service infrastructure within a lot, and solely related to supplying services to the lot, is common property only if it is within a boundary structure separating the lot from another lot or from common property. ˙ Ownership of common property 28.(1) The common property is owned by the owners of the lots, as tenants in common, in shares proportionate to the lot entitlements of their respective lots. (2) An owner’s interest in a lot is inseparable from the owner’s interest in the common property. Examples— 1. A dealing affecting the lot affects, without express mention, the interest in the common property. 2. An owner cannot separately deal with or dispose of the owner’s interest in the common property. (3) If the owner of a lot is not the occupier, any right the owner has under this Act or by-laws to the occupation or use of the common property, or the use or enjoyment of the body corporate’s facilities, is transferred to the occupier. (4) If the body corporate is authorised under this Act to enter into a transaction affecting the common property, it may enter into the transaction, and execute documents related to the transaction, in its own name, as if it were the owner of an estate of fee simple in the common property. ˙ Rights and responsibilities for common property 29.(1) The body corporate may sue and be sued for rights and liabilities related to the common property as if the body corporate were the owner and occupier of the common property. Examples— 1. If a person (including the owner of a lot) damages the common property, the body corporate may sue to recover the loss arising from the damage. 2. If a person is injured while on the common property, an action claiming failure by the occupier to exercise a proper standard of care lies against the body corporate.

s 30 28 s 32 Building Units and Group Titles No. 69, 1994 (2) If, before registration of a plan, the original owner entered into a contract to have work carried out on the common property, the body corporate is, on registration of the plan, subrogated to— (a) the rights of the original owner under the contract; and (b) the rights of the contractor against subcontractors. (3) The rights of the body corporate under subsection (2) cannot be excluded by contract. Division 7—Changes to registered plan ˙ Changes to registered plan 30. A registered plan may be changed by the registration of an amendment under this Division. Examples of changes that may be made by amendment— 1. A change to the position of boundaries of a lot or the common property. 2. A change to the name of the building, or the parcel, as shown on the plan. 3. A change to the provision for future development contained in the master plan for a staged development scheme. ˙ Form of amendment 31. An amendment must delineate the new boundaries if it— (a) provides for the amalgamation of lots; or (b) provides for the conversion of a lot into common property; or (c) affects the boundaries of a lot or the common property in another way. ˙ Amendment of plans in staged development scheme 32.(1) An amendment may only be made affecting the boundaries of a lot or the common property in a registered primary or secondary plan in a staged development scheme if— (a) the amendment is in accordance with the master plan; or

s 33 29 s 33 Building Units and Group Titles No. 69, 1994 (b) the amendment is authorised by unanimous resolution of— (i) the primary body corporate; and (ii) if there are secondary bodies corporate—each secondary body corporate; or (c) the amendment is authorised by order of the Supreme Court under subsection (3). (2) However, if the lots created by registration of a secondary plan in a staged development scheme are subject to a leaseback arrangement, an amendment may only be made to the secondary plan during the term of the leaseback arrangement if— (a) the amendment is in accordance with the master plan; or (b) the owners of all the lots approve the proposed amendment in writing; or (c) the amendment is of temporary duration and will not apply after the end of the leaseback arrangement; or (d) the Supreme Court authorises the amendment under subsection (3). (3) On application by a primary or secondary body corporate or the owner of a lot, the Supreme Court may authorise the amendment of a primary or secondary plan in a staged development scheme if the Court is satisfied the amendment is necessary or appropriate. (4) However, the Supreme Court may not authorise a change of the lot entitlements of lots created under a group titles plan or primary plan. ˙ Who may make application for registration of amendment to plan 33. An application for registration of an amendment to a registered plan may only be made by— (a) the owner of a lot affected by the amendment; or (b) the body corporate.

s 34 30 s 34 Building Units and Group Titles No. 69, 1994 ˙ Documents to accompany application for registration 34.(1) This section specifies the documents that must accompany an application for registration of an amendment of a registered plan. (2) If the amendment affects the boundaries of the common property, the application must be accompanied by the following documents— (a) a plan of the amendment; (b) a certificate under the body corporate’s common seal certifying that the body corporate approved the amendment by unanimous resolution; (c) a certificate by the local government certifying that the amendment has been approved or noted as required under the Local Government (Planning and Environment) Act 1990 . (3) If the amendment affects the boundaries of a lot, the application must be accompanied by the following documents— (a) a plan of the amendment; (b) the written agreement of the owner of the lot and the holders of registered mortgages, charges and encumbrances (other than easements); (c) any certificates of title for the lot; (d) a certificate by the local government certifying that the amendment has been approved or noted as required under the Local Government (Planning and Environment) Act 1990 ; (e) if part of the common property is amalgamated with a lot—a stamped instrument of transfer executed by the body corporate as transferor and the owner of the lot as transferee; (f) if a lot, or part of a lot, is amalgamated with the common property—a stamped instrument of transfer executed by the owner of the lot as transferor and the body corporate as transferee; (g) if a lot or part of a lot is amalgamated with another lot—a stamped instrument of transfer executed by— (i) the owner of the lot or part to be amalgamated as transferor; and

s 35 31 s 35 Building Units and Group Titles No. 69, 1994 (ii) the owner of the other lot as transferee. (4) If the amendment changes lot entitlements (whether or not it also affects the boundaries of a lot), the application must be accompanied by the following documents— (a) 1 of the following— (i) a certificate under the body corporate’s common seal certifying that the body corporate approved the amendment by unanimous resolution; (ii) a certified copy of the Supreme Court’s order under which the change is to be made; (iii) if the change is made by agreement—a certificate signed by the owners of lots whose agreement is required certifying that they agree to the change and certificates of consent signed by other persons with registered interests in the lots whose consent to the agreement is required; (b) if the lots are created under a primary plan or a group titles plan—a certificate by a licensed valuer certifying the unimproved value of each lot affected by the change, and that its lot entitlement accurately reflects its unimproved value relative to the total unimproved value of all the lots. (5) However, a certificate is not required under subsection (4)(b) if the amendment amalgamates 2 or more lots and makes no other changes to their boundaries. (6) In any case, the application must also be accompanied by the documents required under the regulations. ˙ Changes to the plan by amendment 35.(1) If an amendment of a registered plan and the application for its registration comply with this Act, the Registrar must change the plan by registering the amendment in the freehold land register. (2) Before registering the amendment, the Registrar may inspect the parcel to which the plan relates.

s 36 32 s 36 Building Units and Group Titles No. 69, 1994 (3) On registering the amendment, the Registrar— (a) must change the particulars of the lots including the lot entitlements recorded in the freehold land register in accordance with the change to the plan; and (b) may cancel certificates of title previously issued for lots affected by the change and issue new certificates of title. (4) Within 28 days after registering an amendment that changes the boundaries of a lot or the common property, changes a lot entitlement, or changes the name of a building or the common property, the Registrar must give a copy of the amendment to the local government and the body corporate. Division 8—Reinstatement schemes ˙ Reinstatement schemes 36.(1) If a building to which a building units plan relates is damaged, the body corporate, or an owner or registered mortgagee of a lot, may apply to the Supreme Court for approval of a scheme for reinstating the building in whole or part. (2) The Supreme Court may approve the scheme. (3) On approving a scheme, the Supreme Court may make orders it considers just and equitable— (a) directing how insurance money is to be applied; and (b) directing payment by the body corporate or any 1 or more owners of lots; and (c) directing changes to the building units plan; and (d) requiring the body corporate to compensate the owners of lots extinguished by changes to the plan; and (e) dealing with incidental or ancillary matters. (4) An insurer of the building is a party to an application under this section.

s 37 33 s 39 Building Units and Group Titles No. 69, 1994 ˙ Registration of order directing changes to plan 37. If an application for registration of an order directing changes to a building units plan complies with this Act, the Registrar must change the plan by registering particulars of the order in the freehold land register. Division 9—Extinguishing registered plans ˙ Extinguishing registered plans 38.(1) A registered plan may be extinguished if— (a) the body corporate by unanimous resolution decides to extinguish the plan; or (b) the Supreme Court decides it is just and equitable to extinguish the plan and makes an order for extinguishing it. (2) If a lessee of a lot is entitled to vote at general meetings of a body corporate and votes in favour of a resolution for extinguishing the plan, the resolution may be implemented only if the owner of the lot agrees in writing. (3) The Supreme Court may make an order under subsection (1)(b) on application by the body corporate or the owner of a lot. ˙ Application to extinguish registered plan 39.(1) An application for registration of the extinguishment of a plan may only be made by— (a) the body corporate; or (b) a person on whose application the Supreme Court made an order for extinguishing the plan. (2) The application must be accompanied by— (a) a certified copy of the resolution or order to extinguish the plan; and

s 40 34 s 40 Building Units and Group Titles No. 69, 1994 (b) a certificate of the local government certifying that the proposal to extinguish the plan has been approved or noted as required under the LocalGovernment(PlanningandEnvironment)Act1990 ; and (c) appropriate evidence that there is no registrable or short lease to which a lot or the common property is subject; and (d) any certificates of title issued for the lots. ˙ Registration of extinguishment 40.(1) If the application for extinguishing the registered plan complies with this Act, the Registrar must extinguish the plan by— (a) registering the extinguishment in the freehold land register; and (b) cancelling the particulars (other than particulars of easements) recorded in the freehold land register about land included in the plan. (2) The extinguishment takes effect on the day the Registrar takes the action mentioned in subsection (1). (3) On extinguishing the registered plan, the Registrar must create a single indefeasible title for a Land Title Act allotment consisting of all the land formerly included in the registered plan by recording the persons who were the registered owners of the lots immediately before the plan was extinguished (the “joint owners” ) as tenants in common in the shares the lot entitlements of their respective lots bore (immediately before the plan was extinguished) to the total lot entitlement of all the lots. (4) In addition, if an instrument of transfer by or for the joint owners transferring all or part of the land was lodged with the application, the Registrar must create an indefeasible title for a Land Title Act allotment reflecting the transfer, and, if part of the land is not transferred, for a LandTitle Act allotment consisting of the part of the land not transferred, by recording the joint owners as tenants in common in the shares the lot entitlements of their respective lots bore (immediately before the plan was extinguished) to the total lot entitlement of all the lots.

s 41 35 s 42 Building Units and Group Titles No. 69, 1994 (5) Within 28 days after extinguishing the plan, the Registrar must give notice of the date the plan was extinguished, and the present registered owners of the land, formerly included in the plan, to the local government. ˙ Dissolution of body corporate 41.(1) When a plan is extinguished, the body corporate is dissolved. (2) On dissolution of a body corporate— (a) the owners of the lots immediately before the plan was extinguished (the “former owners” ) become entitled to the property of the body corporate in shares proportionate to their respective lot entitlements; and (b) the liabilities of the body corporate are vested jointly and severally in the former owners (but they are entitled to contribution against each other in proportion to their respective lot entitlements). (3) On the application of an interested person, the Supreme Court may make orders for the custody, management and distribution of the property of the former body corporate. ˙ Effects of extinguishment 42.(1) If a lot was subject to a mortgage immediately before a plan was extinguished— (a) the former owner’s interest in the land as tenant in common is subject to the mortgage; and (b) if the land is transferred under section 40(4) 6 before the mortgage is discharged—the transferee’s interest is subject to the mortgage. (2) If a secondary plan is extinguished, the land formerly included in the plan again becomes an undivided development lot in a staged development scheme. (3) If a registered plan is extinguished, a liability for a rate or charge that had accrued on a lot before the plan was extinguished is not affected. 6 Section 40 (Registration of extinguishment).

s 43 36 s 45 Building Units and Group Titles No. 69, 1994 PART 3—MANAGEMENT STRUCTURES AND ARRANGEMENTS Division 1—Body corporate ˙ Establishment of body corporate 43.(1) On registration of a primary plan or community titles plan, a body corporate is established. (2) However, if a primary plan provides that the proprietors of lots created on the registration of secondary plans are to become members of the primary body corporate, a secondary body corporate is not established on the registration of a secondary plan. ˙ Corporations Law does not apply to body corporate 44. The Corporations Law does not apply to a body corporate established under this Act. ˙ Name of body corporate 45.(1) A body corporate’s name is the name shown on the registered plan. (2) The body corporate may sue and be sued in its corporate name. (3) The name is to be a composite name consisting of— (a) the word ‘Owners’; and (b) the name of the building or the parcel as shown on the plan; and (c) the designation and number of the plan. Examples— 1. If the name of the building as shown on a registered building units plan is ‘Faulty Towers’ and the number of the building units plan is 1011, the name of the body corporate would be the ‘Owners Faulty Towers Building Units Plan No. 1011’.

s 46 37 s 48 Building Units and Group Titles No. 69, 1994 2. If the name of the parcel as shown on a registered group titles plan is ‘22 Seaview Road’ and the number of the plan is 1012, the name of the body corporate would be the ‘Owners 22 Seaview Road Group Titles Plan No. 1012’ . ˙ Address of body corporate 46.(1) A body corporate’s address for service is the address recorded on the registered plan. (2) On the body corporate’s application, the Registrar must change the body corporate’s address for service by recording the change. ˙ Body corporate’s seal 47.(1) A body corporate has a seal. (2) The body corporate’s seal must be kept in the custody directed by the body corporate by ordinary resolution. (3) The body corporate’s seal may be used only as directed or authorised by ordinary resolution. (4) However, if the body corporate has not resolved how the seal is to be used, the seal may, if authorised by a committee resolution, be attached to a document in the presence of at least 2 committee members, of whom 1 must be the chairperson or secretary. (5) The committee members present must sign the document as witnesses to the sealing of the document. Division 2—Membership of body corporate ˙ Membership of body corporate 48.(1) The members of a body corporate consist of the owners (from time to time) of the lots created by the plan.

s 49 38 s 49 Building Units and Group Titles No. 69, 1994 (2) If a development lot in a staged development scheme is subdivided by a secondary plan, and no secondary body corporate is formed on registration of the secondary plan, the owners of the lots created by registration of the secondary plan are members of the primary body corporate. (3) If a development lot in a staged development scheme is subdivided by a secondary plan and a secondary body corporate is formed on registration of the secondary plan— (a) the owners of the lots created by registration of the secondary plan are not members of the primary body corporate; but (b) the secondary body corporate is a member of the primary body corporate. (4) The secondary body corporate’s rights and obligations under this Act, as a member of the primary body corporate, are to be the same as if it were the owner of all of the development lot. Example— Suppose that a primary plan creates 4 development lots of which 1 is held by A Pty Ltd, 1 is held by B Pty Ltd, 1 is held by C Pty Ltd and 1 is divided by a group titles plan. In this case, the members of the primary body corporate will be A Pty Ltd, B Pty Ltd, C Pty Ltd and the body corporate formed on registration of the secondary plan. Division 3—Body corporate’s general functions and powers ˙ Body corporate’s general functions 49. A body corporate must— (a) administer the common property reasonably and for the benefit of the owners of the lots; and (b) enforce the by-laws; and (c) carry out the other functions given to the body corporate under this Act and the by-laws.

s 50 39 s 52 Building Units and Group Titles No. 69, 1994 ˙ General powers 50.(1) A body corporate has all the powers necessary for carrying out its functions and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with, and dispose of property; and (c) employ staff. (2) Without limiting subsection (1), the body corporate has the powers given to it under this or another Act. ˙ Body corporate must not carry on business 51.(1) The body corporate must not carry on a business. Examples— A body corporate must not carry on business as— • a letting agent • a tour operator • a restaurant business. (2) However, the body corporate may— (a) engage in business activities to the extent necessary for properly carrying out its functions; and (b) invest amounts not immediately required for its purposes in the same way as a trustee may invest trust funds. Division 4—Committee of body corporate ˙ Committee of body corporate 52.(1) The committee of a body corporate consists of— (a) the executive members of the committee, namely, the chairperson, secretary and treasurer of the body corporate; and (b) the ordinary members of the committee.

s 53 40 s 53 Building Units and Group Titles No. 69, 1994 (2) The same person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction. (3) The committee must consist of at least 3, but not more than 7, persons. 7 ˙ Election of committee 53.(1) The members of a body corporate’s committee are elected annually by ballot of the body corporate. (2) The election must be by secret ballot unless the body corporate by ordinary resolution resolves that a secret ballot is unnecessary. (3) A person is eligible to be a member of the committee if the person is an individual and 1 of the following— (a) an owner of a lot; (b) the lessee of a lot under a leaseback arrangement; (c) the nominee of— (i) a corporate owner of a lot; or (ii) a corporate lessee under a leaseback arrangement. (4) However— (a) an individual may be the secretary or treasurer (or both) of a body corporate even though not an owner, or the nominee of an owner, of a lot; or (b) if an individual who is an owner of a lot is a member of the committee—a co-owner cannot simultaneously be a member of the committee unless the co-owner is also the owner or a co-owner of another lot. (5) A secretary or treasurer of the body corporate who is not an owner, or the nominee of a corporate owner, of a lot is a non-voting member. (6) An election of members of the committee must be held at each annual general meeting of the body corporate unless— 7 However, if there are less than 3 owners of the lots, the committee may consist of 1 or 2 individuals (see section 53(7) (Election of committee)).

s 54 41 s 55 Building Units and Group Titles No. 69, 1994 (a) when the annual general meeting is held, there are less than 3 owners of lots; or (b) a leaseback arrangement is in force. (7) If there are less than 3 owners of lots— (a) the committee consists of the individuals who are owners, or nominees of corporate owners, of lots and they must decide among themselves who is to hold the positions of chairperson, secretary and treasurer (the “executive positions” ) (and, if they cannot agree, the executive positions are jointly held by all of them); and (b) if 1 person owns all the lots—the committee is a committee of 1 consisting of an individual who is the owner or the owner’s nominee and the individual holds all the executive positions on the committee. (8) If a leaseback arrangement is in force, the committee is a committee of 1 consisting of an individual who is the lessee or the lessee’s nominee and the individual holds all the executive positions on the committee. ˙ Committee members’ proxies 54.(1) A committee member of a body corporate may, by written notice of appointment given to the secretary, appoint another committee member, or a person who is eligible to be a committee member, to act as the member’s proxy in the absence of the member from a meeting of the committee. (2) However, the secretary or the treasurer may only appoint a proxy with the committee’s approval. (3) A committee member who is the proxy for another member may, in the absence of the other member, vote both in his or her own right and also by proxy for the absent member. ˙ Term and casual vacancies 55.(1) The term of a member of a body corporate’s committee continues until another person is elected to the position.

s 56 42 s 56 Building Units and Group Titles No. 69, 1994 (2) However, a committee member’s position on the committee becomes vacant if the member— (a) dies; or (b) becomes ineligible to hold the position; or (c) resigns by written notice given to the chairperson or secretary of the body corporate; or (d) is absent from 2 consecutive meetings of the committee without the committee’s leave; or (e) is convicted of an indictable offence; or (f) is removed from office by ordinary resolution. (3) The committee must (even though the number of its members may have fallen below a quorum) appoint an eligible individual to fill a casual vacancy in the position of an executive or ordinary committee member, or call a general meeting of the body corporate for the purpose of filling the vacancy. (4) If a body corporate ceases to have a properly constituted committee, a referee may, on application by a member of the body corporate, make an order— (a) authorising a person named in the order to call a general meeting of the body corporate to elect members to the committee; and (b) prescribing the notice to be given of the general meeting; and (c) giving other directions that may be necessary for, or incidental to, holding the general meeting or reconstituting the committee. ˙ Immunity from liability 56.(1) A committee member of a body corporate is not civilly liable for an act done, or omission made, honestly and without negligence while acting, or purportedly acting, as a committee member. (2) If subsection (1) prevents a civil liability attaching to a committee member, the liability attaches instead to the body corporate.

s 57 43 s 60 Building Units and Group Titles No. 69, 1994 Division 5—Procedures and powers of the committee ˙ Calling of meetings 57.(1) A meeting of a body corporate’s committee may be called by— (a) the secretary or, in the secretary’s absence, the chairperson; or (b) in the absence of both the secretary and the chairperson, another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee. (2) The secretary or, in the secretary’s absence, the chairperson must call a meeting within 7 days if asked, in writing, to call a meeting by a number of members of the committee that is enough to form a quorum at a meeting of the committee. (3) The secretary or chairperson may be presumed to be absent if a notice is given at the address shown in the roll, and no reply is received within 7 days. ˙ Time of meetings 58. A meeting is called by giving written notice of at least 7 days to all other committee members of the time and place of the meeting. ˙ Place of meetings 59. A committee meeting must not be held outside a radius of 15 km from the parcel if a committee member objects by giving written notice of objection to the secretary. ˙ Agenda 60.(1) The notice calling a committee meeting must include an agenda setting out the substance of issues to be considered at the meeting. (2) However, the committee may also consider any other issues raised at the meeting.

s 61 44 s 63 Building Units and Group Titles No. 69, 1994 ˙ Presiding at meetings 61.(1) The chairperson must preside at all meetings of the committee at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present (with the member’s agreement) must preside. ˙ Quorum and voting 62.(1) At a meeting of a body corporate’s committee— (a) a quorum is at least half the number of voting members (including proxy voting members); and (b) a question is decided by a majority of the votes of the voting members present and voting; and (c) each voting member has a vote on each question to be decided. Examples of paragraph (a)— 1. If there are 6 voting members of the committee, a quorum is 3. 2. If there are 7 voting members of the committee, a quorum is 4. (2) Without limiting subsection (1), if a quorum is present, a decision supported by a majority of the votes of the voting members present is a decision of the committee. ˙ Voting outside meetings 63.(1) A resolution is a valid resolution of a body corporate’s committee, even though it is not passed at a meeting of the committee, if— (a) notice of the resolution is given to all committee members or, in an emergency, as many members as it is practicable to contact; and (b) at least half of the voting members agree to the resolution. (2) Unless the resolution is urgently required to deal with an emergency, the notice must be given in writing, and the members’ agreement to the proposed resolution must be given in writing but, in an emergency, the notice may be given, and the member’s agreement expressed, orally or by another appropriate form of communication.

s 64 45 s 65 Building Units and Group Titles No. 69, 1994 ˙ Minutes 64.(1) The committee must ensure full and accurate minutes of its meetings are taken. (2) However, the committee may exclude material from the minutes if it is— (a) protected by professional legal privilege; or (b) defamatory or possibly defamatory. ˙ Power of committee to act for body corporate 65.(1) A decision of a body corporate’s committee, other than a decision on a restricted issue, is a decision of the body corporate. (2) The body corporate may, by ordinary resolution, decide what issues may only be decided by ordinary resolution. (3) A decision is a decision on a “restricted issue” for the body corporate if it is— (a) a decision fixing, or changing, a contribution to be levied under this Act (other than a contribution to be levied by a secondary body corporate in a staged development scheme that is necessary to meet a contribution levied by the primary body corporate); or (b) a decision to change rights, privileges or obligations of the owners of lots; or (c) a decision on an issue reserved for decision by ordinary resolution; or (d) a decision on an issue that, under this Act, may only be made by unanimous resolution, resolution without dissent, special resolution or ordinary resolution; or (e) a decision to bring a proceeding in a court other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or (ii) a proceeding under this Act; or

s 66 46 s 66 Building Units and Group Titles No. 69, 1994 (iii) a counterclaim, third-party proceeding or other proceeding in a proceeding to which the body corporate is already a party; or (f) a decision to pay remuneration, allowances or expenses to a member of the committee unless the decision is to reimburse expenses to an extent authorised under the regulations. (4) If a group of persons, honestly and reasonably believing that they are the committee of a body corporate, makes a decision while purportedly acting as the committee, the decision is taken to be a decision of the committee despite a defect in the election or appointment of 1 or more members of the group. ˙ Carrying out resolutions 66.(1) A resolution of a body corporate’s committee must be exhibited on the body corporate’s notice board for at least 7 days (the “required period of exhibition” ) before being carried out. (2) Within the required period of exhibition, a notice signed as required by subsection (3) ( “notice of opposition” ) may be given to the secretary opposing carrying out of the resolution. (3) The notice of opposition must be signed by or for owners of lots with a total lot entitlement of at least 50% of all the lots. (4) The committee may carry out the resolution only if— (a) the notice is exhibited for the required period of exhibition and no notice of opposition is received by the secretary within the period; or (b) the resolution is necessary to deal with an emergency and— (i) the amount required to implement the resolution is within the relevant limit within the meaning of section 109; 8 or (ii) a referee authorises the committee to carry out the resolution; or (c) the resolution is ratified by ordinary resolution. 8 Section 109 (Spending by committee).

s 67 47 s 69 Building Units and Group Titles No. 69, 1994 (5) If powers of the committee have been delegated to a body corporate manager, the references in this section to a resolution of the committee extend to a decision of the body corporate manager made under the delegated powers. (6) In a proceeding involving a challenge to the right of the committee to carry out a resolution, or a body corporate manager to carry out a decision made in the exercise of delegated powers, the burden of proving that the resolution or decision was exhibited as required by this section lies on the person asserting the right of the committee or body corporate manager to carry out the resolution or the decision. Division 6—General meetings ˙ Types of general meetings 67. A general meeting of a body corporate is either an annual general meeting or an extraordinary general meeting. ˙ Calling of general meetings 68. A general meeting of a body corporate may be called by— (a) the secretary; or (b) another member of the committee authorised by the committee to call the meeting; or (c) a person authorised or required to call a general meeting by a referee. ˙ Time of general meetings 69.(1) A general meeting of a body corporate must be called and held at least 21 days after notice of the meeting is given to the owners of the lots. (2) If it is a requested general meeting 9 , the meeting must be called for and held within 6 weeks after the notice asking for the meeting is given. 9 See section 72(1) (Requirement for extraordinary general meetings).

s 70 48 s 72 Building Units and Group Titles No. 69, 1994 ˙ Place of general meetings 70.(1) The place of the proposed general meeting must be within 15 km of the parcel. (2) However, if the committee notifies the owners of its intention to hold the meeting at a stated place more than 15 km from the parcel, and allows them a reasonable opportunity to object in writing to the proposed place, the meeting may be held at the place unless written objections to the proposed place of meeting are given by or for owners of lots with a total lot entitlement of at least 25% of all the lots. ˙ Requirement for annual general meetings 71. An annual general meeting of a body corporate must be called and held after, but not more than 3 months after— (a) the registration of its plan; and (b) the end of each of its financial years. ˙ Requirement for extraordinary general meetings 72.(1) A general meeting ( “requested general meeting” ) of the body corporate must be called if a notice asking for a general meeting to consider and decide motions proposed in the notice is— (a) signed by or for owners of lots with a total lot entitlement of at least 25% of all the lots; and (b) given to the secretary or, in the secretary’s absence, the chairperson, of the body corporate or, if the committee has not yet been elected, the original owner. (2) The secretary may be presumed to be absent if a notice is given to the secretary at the address shown in the roll, and no reply is received within 7 days. (3) An extraordinary general meeting of a body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.

160 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘ Community titles plans ‘ 78. If a community development lot created by the registration of— (a) a community plan; or (b) a community plan of amalgamation; or (c) a community plan of subdivision; cannot be subdivided by a precinct plan under Division 6 or a stratum plan under Part 6, it may be subdivided by a primary plan, building units plan or group titles plan under the Building Units and Group Titles Act 1994 .’. 5. Part 5, Div 10 (ss 101–107)— omit, insert— ‘ Division 10—Subdivision of precinct development lot or balance precinct development lot by plans of group subdivision ‘ Subdivision by plans of group subdivision ‘ 101.(1) A precinct development lot may be subdivided only— (a) under Division 8 or 9; or (b) by a primary plan, building units plan or group titles plan under the Building Units and Group Titles Act 1994 . ‘ (2) A balance precinct development lot may be subdivided by a primary plan, building units plan or group titles plan under the Building Units and Group Titles Act 1994 . ‘ (3) Each lot must have access to a dedicated road directly or through— (a) the community thoroughfare; or (b) a precinct thoroughfare; or (c) the common property.’.

161 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 6. Section 115(2)(a)— omit, insert— ‘(a) easements belonging to and affecting lots under the Building Units and Group Titles Act 1994 ;’. 7. Section 126(3)— omit, insert— ‘ (3) This section does not affect an implied easement belonging to and affecting the lots in a building units plan under the Building Units and Group Titles Act 1994 .’. 8. Section 127(3)— omit, insert— ‘ (3) Subsection (2) does not affect an implied easement belonging to and affecting lots in a building units plan under the Building Units and Group Titles Act 1994 .’. 9. Section 128(2)— omit, insert— ‘ (2) Subsection (1) does not affect an implied easement belonging to and affecting the lots in a building units plan under the Building Units and Group Titles Act 1994 .’. 10. Section 130(2)— omit, insert— ‘ (2) The Building Units and Group Titles Act 1994 applies to land subdivided under this section.’.

162 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 11. Section 132(4), ‘Division 7 of Part 4 of the Building Units andGroup Titles Act 1980 ’— omit, insert — ‘Part 10 of the Building Units and Group Titles Act 1994 ’. 12. Section 172(8) to (11)— omit, insert— ‘ (8) The Building Units and Group Titles Act 1994 applies, with any changes prescribed under the regulations, to meetings of a body corporate under this section. ‘ (9) The provisions of the Building Units and Group Titles Act 1994 , in their application to a meeting of a body corporate under this section, are to be read as if— (a) a reference to the total lot entitlement of all the lots were a reference to— (i) for a community body corporate—the total of all voting entitlements stated in the approved scheme; and (ii) for a precinct body corporate—the total of all voting entitlements for the community development lot; and (b) a reference to a body corporate were a reference to a community body corporate or precinct body corporate; and (c) a reference to the by-laws were a reference to the body corporate’s by-laws; and (d) a reference to the committee were a reference to the body corporate’s executive committee; and (e) a reference to a lot were a reference to a community development lot, precinct development lot or balance precinct development lot; and

163 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) (f) a reference to the lot entitlement were a reference to— (i) for a community body corporate—the voting entitlement of a member; and (ii) for a precinct body corporate—the voting entitlement applying to a precinct development lot or balance precinct development lot; and (g) a reference to the original owner were a reference to— (i) for a community body corporate—the original applicant; and (ii) for a precinct body corporate—the proprietor of the community development lot; and (h) a reference to an owner were a reference to a proprietor within the meaning given by this Act; and (i) a reference to the roll were a reference to the body corporate roll; and (j) any precinct body corporate were the proprietor of a parcel of land within the site and its voting entitlements were the voting entitlements of the parcel.’. 12. Section 172(14), ‘(11)’— omit, insert— ‘(9)’. 13. Section 172(14), ‘(15)’— omit, insert— ‘(13)’. 14. Section 172(17), ‘(12) or (15)’— omit, insert— ‘(10) or (13)’.

164 Building Units and Group Titles SCHEDULE 2 (continued) 15. Section 172(18), ‘(17)’— omit, insert— ‘(15)’. No. 69, 1994 16. Section 172(19) and (20), ‘(13)— omit, insert— ‘(11)’. 17. Section 172(12) to (20)— renumber as section 172(10) to (18). 18. Section 185(15)(b)— omit, insert— ‘(b) the provisions of the Building Units and Group Titles Act 1994 (as applied by section 172) about the election of the person.’. 19. Section 186(7)— omit, insert— ‘ (7) For subsection (5), if— (a) there is no member of the executive committee; or (b) the members of the executive committee— (i) do not appoint a person to fill the vacancy; and (ii) have not called a meeting of the body corporate to appoint a person to fill the vacancy;

165 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) a referee under the Building Units and Group Titles Act 1994 may, on application by a member of the body corporate or a mortgagee of a lot, appoint a person to call and hold a meeting of the body corporate within a stated time to appoint persons to fill any vacancies.’. 20. Section 186(10)— omit, insert— ‘ (10) Without limiting subsection (9), the referee may also give the following directions— (a) that the person appointed to call a meeting of the body corporate may preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; (b) that notice of the meeting may be given in the way stated in the direction; (even though the direction may be inconsistent with the provisions of the Building Units and Group Titles Act 1994 (as applied by section 172)).’. 21. Section 204(3)(b)— omit, insert— ‘(b) a by-law made by a body corporate under the Building Units and Group Titles Act 1994 .’. 22. Section 210(3)— omit, insert— ‘ (3) A development control by-law or activity by-law prevails to the extent of any inconsistency with a by-law made by a body corporate under the Building Units and Group Titles Act 1994 .’.

166 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 23. Section 219, definitions “common property” and “resolution without dissent”— omit. 24. Section 219— insert— ‘ “common property” means the common property created by registration of a plan under the Building Units and Group Titles Act 1994 . “resolution without dissent” has the meaning given by the Building Units and Group Titles Act 1994 .’. 25. Section 221(2)(b)— omit, insert— ‘(b) the Registrar of Titles has recorded the by-law under Part 8 of the Building Units and Group Titles Act 1994 .’. 26. Section 221(3)(d)— omit, insert— ‘(d) the Building Units and Group Titles Act 1994 applies, with changes prescribed under the regulations, to the restricted property area and the body corporate; and’. 27. Section 222— omit, insert— ‘ Application of Building Units and Group Titles Act ‘ 222. The Building Units and Group Titles Act 1994 applies, subject to this Part, to a redevelopment of Bretts Wharf Hamilton.’.

167 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) M ´ ORTGAGES (SECONDARY MARKET) ACT 1984 1. Section 4, definition of “land”, paragraph (a)— omit, insert— ‘(a) lots and common property into which land is divided by a plan registered under the Building Units and Group Titles Act 1994 , or the corresponding law of another State or a Territory;’. ´ REGISTRATION OF PLANS (H.S.P. (NOMINEES) PTY. LIMITED) ENABLING ACT 1980 1. Section 3, ‘the Building Units and Group Titles Act 1980 ’— omit, insert— ‘the Building Units and Group Titles Act 1994 ’. 2. Section 4(a)— omit, insert— ‘(a) the terms defined in the Building Units and Group Titles Act 1994 have the meanings given by that Act; ‘. 3. Section 4(b), definitions “building”, “local government” “lower plan” and “road”— omit. 4. Section 4(b)— insert—

168 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘ “building” means the building built on parcel 1, or the building built on parcel 2, of which the plans have been approved by the local government. “local government” means the Council of the City of Gold Coast. “road” means a State-controlled road under the Transport Infrastructure Act 1993 or a road within the meaning of the Local Government Act1993 .’. 5. Section 4(b), definition “lower plan”, paragraph (v)(B)— omit, insert— ‘(B) the provisions of the Building Units and Group Titles 1994 about building units plans to the extent they are consistent with this Act;’. 6. Section 4(b), definition “upper plan”, paragraph (v)(B)— omit, insert— ‘(B) the provisions of the Building Units and Group Titles 1994 about building units plans to the extent they are consistent with this Act;’. 7. Section 5(1)(b)— omit, insert— ‘(b) for a lower plan—have a sheet attached containing a schedule of the easements mentioned in section 7 (including a diagram or diagrams drawn to scale identifying the location and extent of the easements signed by the chief executive officer of the local government and certified by a licensed surveyor under the Surveyors Act 1977) .’.

169 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 8. Section 5(6), ‘the Building Units and Group Titles Act 1980 ’— omit, insert— ‘the Building Units and Group Titles Act 1994 ’. 9. Section 5(7)— omit, insert— ‘ (7) On registration of a lower plan, a part of a lot included in the plan may be leased without the local governments’s approval.’. 10. Section 6— omit, insert— ‘ Support and services ‘ 6.(1) For parcels 1 and 2, the easements of support implied between the owners of lots under the Building Units and Group Titles Act 1994 are also implied— (a) in favour of the body corporate of the upper plan and the owners of lots included in the upper plan; and (b) as against the body corporate of the lower plan and the owners of lots included in the lower plan; as if the parcels included in the upper plan and the lower plan were lots in a community titles scheme. ‘ (2) For parcels 1 and 2, the easements (other than easements of support and shelter) implied under the Building Units and Group Titles Act 1994 are also implied— (a) between the bodies corporate of the upper plan and the lower plan as if both parcels were lots in a community titles scheme; and (b) between the owners of lots in both plans as if the lots were included in a single community titles scheme.

170 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘ (3) A body corporate or the owner of a lot must not exercise rights given by an easement under this section in a way that unreasonably interferes with the use or enjoyment of a lot or common property by others.’. 11. Section 7, ‘proprietor’— omit, insert— ‘owner’. 12. Section 10, ‘proprietors’— omit, insert— ‘owners’. 13. Section 10, ‘proprietor’— omit, insert— ‘owner’. 14. Section 13, ‘Division 7 of Part IV of the Building Units and GroupTitles Act 1980’ — omit, insert— ‘Part 10 of the Building Units and Group Titles Act 1994 ’. 15. Section 14— omit, insert— ‘ Regulation making power ‘ 14. The Governor in Council may make regulations under this Act.’.

171 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ´ REGISTRATION OF PLANS (STAGE 2) (H.S.P. (NOMINEES) PTY. LIMITED) ENABLING ACT 1984 1. Section 2, ‘the Building Units and Group Titles Act 1980’ — omit, insert— ‘the Building Units and Group Titles Act 1994 ’. 2. Section 3(a)— omit, insert— ‘(a) the terms defined in the Building Units and Group Titles Act 1994 have the meanings given by that Act;’. 3. Section 3(b), definitions “building”, “local government” and “road”— omit. 4. Section 3(b)— insert— ‘ “building” means the building built on parcel 1, or the building built on parcel 2, for which the plans have been approved by the local government. “local government” means the Council of the City of Gold Coast. “road” means a State-controlled road under the Transport Infrastructure Act 1993 or a road within the meaning of the Local Government Act1993 .’. 5. Section 3(b), definition “lower plan”, paragraph (v)(B)— omit, insert—

172 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘(B) the provisions of the Building Units and Group Titles 1994 about building units plans to the extent they are consistent with this Act;’. 6. Section 3(b), definition of “upper plan”, paragraph (v)(B)— omit, insert— ‘(B) the provisions of the Building Units and Group Titles 1994 about building units plans to the extent they are consistent with this Act;’. 7. Section 4(1)(b)— omit, insert— ‘(b) for a lower plan—have a sheet attached containing a schedule of the easements mentioned in section 7 (including a diagram or diagrams drawn to scale identifying the location and extent of the easements signed by the chief executive officer of the local government and certified by a licensed surveyor under the Surveyors Act 1977) .’. 8. Section 4(5), ‘the Building Units and Group Titles Act 1980 ’— omit, insert— ‘the Building Units and Group Titles Act 1994 ’. 9. Section 4(6)— omit, insert— ‘ (6) On registration of a lower plan, a part of a lot included in the plan may be leased without the local government’s approval.’.

173 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 10. Section 5— omit, insert— ‘ Support and services ‘ 5.(1) The easements of support implied between the owners of lots under the Building Units and Group Titles Act 1994 are also implied— (a) in favour of the body corporate of the upper plan and the owners of lots included in the upper plan; and (b) as against the body corporate of the lower plan and the owners of lots included in the lower plan; as if the parcels included in the upper plan and the lower plan were lots in a community titles scheme. ‘ (2) For parcels 1 and 2, the easements (other than easements of support and shelter) implied under the Building Units and Group Titles Act 1994 are also implied— (a) between the bodies corporate of the upper plan and the lower plan as if both parcels were lots in a community titles scheme; and (b) between the owners of lots in both plans as if the lots were included in a single community titles scheme. ‘ (3) For— (a) the upper plan of parcel 3 and the lower plan of parcel 2; and (b) the upper plan of parcel 3 and the lower plan of parcel 1; and (c) the lower plan of parcel 3 and the lower plan of parcel 2; and (d) the lower plan of parcel 3 and the lower plan of parcel 1; the easements (other than easements of support and shelter) implied under the Building Units and Group Titles Act 1994 are also implied as if each of the bodies corporate, and each owner of a lot, were the owner of a lot in a single community titles scheme. ‘ (4) A body corporate or the owner of a lot must not exercise rights given by an easement under this section in a way that unreasonably interferes with the use or enjoyment of a lot or common property by others.

174 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘ (5) In this section— “lower plan of parcel 1” means the lower plan 1 registered under the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act1980 . “lower plan of parcel 2” means the lower plan 2 registered under the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act1980 .’. 11. Section 6, ‘proprietor’— ‘owner’. 12. Section 9, ‘proprietors’— omit, insert— ‘owners’. 13. Section 9, ‘proprietor’— omit, insert— ‘owner’. 14. Section 12, ‘Division 7 of Part IV of the Building Units and GroupTitles Act 1980 ’— omit, insert— ‘Part 10 of the Building Units and Group Titles Act 1994 ’.

175 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ´ RETIREMENT VILLAGES ACT 1988 1. Section 6, definitions “prescribed period” and “retirement village land”— omit. 2. Section 6— insert— ‘ “prescribed period” means— (a) for a retirement village that is a community titles scheme under the Building Units and Group Titles Act 1994 —the financial year of the body corporate established for the scheme under that Act; and (b) for other retirement villages—the period of 1 year ending 3 months before the annual meeting is to be held. “retirement village land” means all the land used or to be used for the retirement village and, if the land is divided by a plan under the Building Units and Group Titles Act 1994 , the lots and the common property into which the land is divided.’. 3. Section 49(1), ‘ Building Units and Group Titles Act 1980–1988 ’— omit, insert— ‘ Building Units and Group Titles Act 1994 ’. ´ SANCTUARY COVE RESORT ACT 1985 1. Section 4, definitions “building units plan”, “group titles plan” and “Minister”— omit.

176 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 2. Section 4— insert— ‘ “building units plan” means a building units plan under the Building Units and Group Titles Act 1994 . “group titles plan” means a group titles plan under the Building Units and Group Titles Act 1994 . ‘. 3. Section 14(1B), ‘the Building Units and Group Titles Act 1980 ’— omit, insert — ‘the Building Units and Group Titles Act 1994 ’. 4. Section 15(2B), ‘the Building Units and Group Titles Act 1980 ’— omit, insert— ‘the Building Units and Group Titles Act 1994 ’. 5. Section 15(2D)— omit, insert— ‘ (2D) The lot entitlement of a lot on a group titles plan shown as secondary thoroughfare is zero and the proprietor of the lot is not a member of the body corporate established on registration of the plan.’. 6. Section 15(3) to (9)— omit, insert— ‘ (3) If, when a group titles plan subdividing a secondary lot within the Harbour, River and Waterfront Residential Zone of the General Residential Zone was submitted to the Albert Shire Council for approval, the plan was accompanied by a statement by or for the proprietor of the secondary lot that it is proposed to subdivide the group title lots to be created by registration of the plan by building units plans, the group titles plan is taken to be a primary plan under the Building Units and Group Titles Act 1994 .’.

177 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) 7. Section 19— omit, insert— ‘ Lot entitlements ‘ 19.(1) If a secondary lot is subdivided or resubdivided by a building units plan or group titles plan under the Building Units and Group Titles Act 1994 , the total lot entitlement of the lots created for residential purposes must not— (a) be more than the maximum number of lots stated for the secondary lot in the schedule that accompanied the plan of survey under which the secondary lot was created; and (b) must not be less than 90% of the maximum number. ‘ (2) The lot entitlement of lots created by a group titles plan does not need to be related to the unimproved value of the lots.’. 8. Section 22, definition “proprietor”— omit. 9. Section 22— insert— ‘ “proprietor” of an initial lot or secondary lot means— (a) the person registered or entitled to immediate registration as the owner of the lot under the Land Title Act 1994 ; or (b) if a secondary lot is subdivided by primary plan, group titles plan or building units plan under the Building Units and Group Titles Act 1994 — the body corporate established on registration of the plan.’. 10. Section 27(5) to (5C)— omit, insert—

178 Building Units and Group Titles No. 69, 1994 SCHEDULE 2 (continued) ‘ (5) The Building Units and Group Titles Act 1994 applies as if the company were the primary body corporate under a primary plan within the meaning of that Act.’. 11. Section 33(5)— omit . 12. Section 41(10) to (13)— omit. 13. Section 65, definition “proprietor”— omit. 14. Section 65— insert— ‘ “proprietor” of land means— (a) the person registered or entitled to immediate registration as the owner of the land under the Land Title Act 1994 ; or (b) if the land is subdivided by primary plan, group titles plan or building units plan under the Building Units and Group Titles Act 1994 — the body corporate established on registration of the plan.’. 15. Section 70(5) to (5C)— omit, insert— ‘ (5) The Building Units and Group Titles Act 1994 applies as if the primary thoroughfare body corporate were the primary body corporate under a primary plan within the meaning of that Act.’.

179 Building Units and Group Titles SCHEDULE 2 (continued) 16. Section 77(5)— omit. No. 69, 1994 17. Section 85(10) to (13)— omit. 18. Section 95(8)— omit, insert— ‘ (8) A by-law made by a body corporate established on registration of a building units plan or group titles plan for land within a residential zone that is inconsistent with the development control by-laws is, to the extent of the inconsistency, of no effect.’. 19. Section 96A(7)— omit, insert— ‘ (7) A by-law made by a body corporate established on registration of a building units plan or group titles plan for land within a residential zone, or a secondary thoroughfare by-law, that is inconsistent with the residential zone activities by-laws is, to the extent of the inconsistency, of no effect.’. ´ STAMP ACT 1894 1. Schedule 1, paragraph (4)(b)(xiii) under the heading CONVEYANCE OR TRANSFER, ‘transferring a lot under a building units plan or a group titles plan registered under the BuildingUnits and Group Titles Act 1980–1984 where’— omit, insert— ‘transferring a lot created by registration of a plan under the Building Units and Group Titles Act 1994 where’.

180 Building Units and Group Titles SCHEDULE 2 (continued) ´ STATE HOUSING ACT 1945 No. 69, 1994 1. Section 4A— omit, insert— ‘ Application of Act to community titles schemes ‘ 4A.(1) This Act applies to a community titles scheme under the Building Units and Group Titles Act 1994 in the same way as to other land held in fee simple. ‘ (2) A reference in this Act to “subdivision” or “re-subdivision” of land extends to subdivision or resubdivision of land by registration or amendment of a plan under the Building Units and Group Titles Act 1994 .’. 2. Section 23B(4), ‘pursuant to the Building Units and Group Titles Act1980–1984 ’— omit, insert— ‘under the Building Units and Group Titles Act 1994 ’. 3. Section 23B(5) ‘pursuant to the Building Units and Group Titles Act1980–1984 ’— omit, insert— ‘under the Building Units and Group Titles Act 1994 ’.

181 Building Units and Group Titles No. 69, 1994 ¡ SCHEDULE 3 DICTIONARY section 3 “associate” of a person means someone else with whom the person is associated under section 207. “audit” means an audit by— (a) a registered company auditor; or (b) a person with qualifications and experience in accountancy approved under the regulations. “body corporate” means the body corporate formed under this Act or the former Act on registration of a plan. “body corporate management contract” see section 90(1). “body corporate manager” of a body corporate means a person (other than an employee of the body corporate) engaged under a contract with the body corporate to supply administrative services for the body corporate, its committee or executive members of its committee. “boundary structure” means a wall, floor or ceiling separating a lot from another lot or common property. “building” includes a fixed structure. “building designer” means a person who holds qualifications in building design prescribed under the regulations. “building officer” of a local government means an employee of the local government— (a) employed as a building surveyor or building inspector; or (b) performing duties usually performed by a building surveyor or building inspector.

182 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) “building units plan” means a plan— (a) dividing a building shown on the plan into lots and common property; and (b) showing the remainder of the land to which the plan relates as common property; and includes a secondary building units plan. “building units scheme” means the community titles scheme created under this Act on registration of a building units plan. “caretaker” of a body corporate means a person (other than an employee of the body corporate) engaged under a contract with the body corporate for a term of 1 year or more to look after property of the body corporate. “ceiling” does not include a false ceiling. “common property” see section 27. “community titles plan” means a building units plan or group titles plan, and includes a secondary plan and any amendment of a community titles plan. “community titles scheme” means the complex of lots and common property, together with the system of administration and management, created under this Act on registration of a plan. “company” means an incorporated body of any type. “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “corporate owner” of a lot means a company that is the owner of a lot. “damage” to property includes destruction of the property. “date for payment” see section 103(c). “de facto relationship” means the relationship between 2 persons who, although they are not married to each other, live in a relationship like the relationship between a married couple.

183 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) “development lot” means an area delineated in a primary plan as a development lot and allocated for further subdivision by a secondary plan. “exclusive use by-law” see section 133(1). “executive member” of a body corporate’s committee means the chairperson, secretary or treasurer of the body corporate. “executive officer” of a company means a person who is concerned with, or takes part in, the company’s management, whether or not the person is a director or the person’s position is given the name of executive officer. “executive position” see section 53(7)(a). “financial year” of a body corporate means— (a) the period from the registration of its plan until the end of the month immediately before the month when the first anniversary of the date of registration falls and each successive period of 1 year from the end of the first financial year; or (b) if a referee changes a financial year of the body corporate—the period fixed by the referee as the financial year and each successive period of 1 year from the end of the financial year. “former Act” means the Building Units and Group Titles Act 1980 , and includes the Building Units Titles Act 1965 and Group Titles Act 1973 . “group titles plan” means a plan (other than a primary plan or a building units plan) dividing land into lots and common property, and includes a secondary group titles plan. “group titles scheme” means the community titles scheme created under this Act on registration of a group titles plan. “guide dog” has the meaning given by the Guide Dogs Act 1972 . 42 “guttering” includes a drainpipe. 42 The Guide Dog Act 1972 defines a guide dog as a dog trained at an approved institution and used as a guide by a blind person or as an aid by a deaf person.

184 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) “improvement” includes— (a) the erection of a building; and (b) a structural change. 43 “Land Title Act allotment” means a separate, distinct parcel of land (other than a lot created on registration of a plan under this Act or the former Act) for which indefeasible title exists under the Land Title Act 1994 . “leaseback arrangement” means an arrangement under which— (a) the owners of lots in a community titles scheme (other than the lessee under the arrangement) lease the lots to the original owner or someone else; and (b) all lots in the scheme (apart from lots owned by the lessee under the arrangement) are subject to registrable leases to the lessee under the arrangement. “letting agent” of a body corporate means a person engaged under a contract with the body corporate for a term of 1 year or more to act as the agent of owners of lots, who choose to use the person’s services, in securing tenants, negotiating leases, collecting rents and enforcing the leases. “licensed surveyor” means a surveyor registered under the Surveyors Act1977 . “lot” means a lot in a registered plan. “maintenance” of property includes renewal or replacement if repair is not reasonably practicable. “major improvement” means any improvement other than a minor improvement. “minor improvement” means an improvement declared under the regulations to be a minor improvement. 43 Change includes addition—see section 36 of the ActsInterpretationAct1954 , definition “change”.

185 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) “mortgage” includes a charge on a lot, or an interest in a lot, for securing money or money’s worth. “mortgagee in possession” of a lot means a mortgagee who takes steps to enforce a mortgage of the lot and has notified the body corporate of the intention to enforce the mortgage (whether or not the mortgagee has actually gone into possession of the lot), but does not include a mortgagee who has notified the body corporate of a decision not to proceed with enforcement of the mortgage. 44 “non-recurrent expenditure” means any expenditure other than recurrent expenditure. “obstruct” includes hinder, resist and attempt to obstruct. “occupier” of a lot means— (a) a resident owner or resident lessee of the lot, or someone else who lives on the lot; or (b) a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot. “order” includes an order dismissing an application. “ordinary resolution” , for a body corporate, means a resolution passed at a general meeting of the body corporate by a simple majority of the votes cast on the motion for the resolution. “original owner” of a parcel means the person registered in the freehold land register as the person entitled to the fee simple interest in the parcel immediately before registration of the plan, and includes a mortgagee in possession of the parcel. “owner” of a lot means the person registered, or entitled to be registered, as the owner of the lot, and includes— (a) a mortgagee in possession of the lot; and 44 See section 152 (Notice of intention not to proceed to enforce mortgage).

186 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) (b) if 2 or more persons are registered, or entitled to be registered, as the owner of the lot—each of the persons. 45 “parcel” means all of the land included in a plan, and includes a development lot divided by the secondary plan. “party” to a proceeding before a referee means— (a) the applicant; and (b) the body corporate; and (c) the person against whom an order is sought in the proceeding. “plan” means a community titles plan, and includes a primary plan. “primary common property” means the common property formed when land is divided into development lots and common property by a primary plan. “primary plan” means a plan dividing land into development lots and primary common property, and includes any amendment of a primary plan. “real estate agent” means a real estate agent within the meaning of the Auctioneers and Agents Act 1971 . “recurrent expenditure” means expenditure normally made annually or more frequently. “referee” see section 174. “referee’s order” includes an order made on appeal from a referee. “registrable lease” means a lease that is capable of registration under the Land Title Act 1994 . “Registrar” means the Registrar of Titles. 45 Each co-owner is an “owner” of the lot for the purposes of the Act and is therefore entitled to the rights of ownership (eg. the right to submit motions for consideration at general meetings of the body corporate) and is liable (jointly and severally with other owners) for the obligations of ownership (eg. the obligation to pay contributions to the body corporate). However, certain rights of ownership (eg. the right to vote at general meetings of the body corporate) are not multiplied by the existence of 2 or more owners.

187 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) “representative” of the owner of a lot see section 80(2) and (3). “requested general meeting” see section 72(1). “resolution without dissent” , for a body corporate, means a resolution passed at a general meeting of the body corporate without dissenting vote. “restricted issue” see section 65(3). “scheme” means a community titles scheme. “secondary building units plan” means a building units plan dividing a building on a development lot created by registration of a primary plan. “secondary common property” means the common property formed when a development lot is divided into lots and common property on registration of a secondary plan. “secondary group titles plan” means a group titles plan dividing a development lot created by registration of a primary plan. “secondary plan” means a secondary building units plan or secondary group titles plan, and includes any amendment of a secondary plan. “service contract” see section 90(2). “service contractor” , for a body corporate, means— (a) a letting agent; or (b) a caretaker; or (c) another type of contractor (other than an employee of the body corporate) engaged under a contract with the body corporate for a term of 1 year or more to supply services for the benefit of the common property or lots. “service infrastructure” means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which the lots or common property are supplied with— (a) water reticulation or supply; or (b) gas reticulation or supply; or (c) electricity supply; or

188 Building Units and Group Titles No. 69, 1994 SCHEDULE 3 (continued) (d) air conditioning; or (e) a telephone service; or (f) a computer data or television service; or (g) sewer systems; or (h) drainage; or (i) systems for the removal or disposal of garbage or waste; or (j) other systems or services designed to improve the amenity, or enhance the enjoyment, of the lots or common property. “short lease” has the same meaning as in the Land Title Act 1994 . “special resolution” , for a body corporate, means a resolution passed at a general meeting of the body corporate if— (a) the resolution is passed by a simple majority of the votes cast on the motion for the resolution; and (b) the number of votes cast against the motion is not more than 25% of the total number of lots in the scheme; and (c) the votes cast against the motion are for lots representing not more than 25% of the total lot entitlement of all lots in the scheme. “staged development scheme” means the complex of development lots and primary common property, together with the system of administration and management, created under this Act on registration of a primary plan. “unanimous resolution” , for a body corporate, means a resolution passed at a general meeting of the body corporate by the unanimous votes of all persons entitled to vote on the motion for the resolution. “voluntary group titles insurance scheme” see section 139(1). “voter” see section 80(1). “wall” includes a door, window or other structure dividing a lot from common property or from another lot.

189 Building Units and Group Titles No. 69, 1994 The State of Queensland 1994