Building Units and Group Titles Amendment Regulation 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 229 Building Units and Group Titles Act 1980 BUILDING UNITS AND GROUP TITLES AMENDMENT REGULATION 1991 Section TABLE OF PROVISIONS Page 1Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Name of provision units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R5 eferences to a provision of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R6 eplacement of s.1 (Short title and commencement) . . . . . . . . . . . . . . . . . . . . . . . 1. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O7 mission of s.4 (Arrangement of Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Amendment of s.8 (Requirements for registration) . . . . . . . . . . . . . . . . . . . . . . . . . R9 eplacement of s.15 (Notification of change of by-laws) . . . . . . . . . . . . . . . . . . . . 15. Notification of change of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1In0sertion of new s.16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16A. Notice of change of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A1mendment of s.20 (Procedure at first annual general meeting etc.) . . . . . . . . . . R12eplacement of s. 21 (Procedure at annual general meeting other than first) . . . 21. Nomination procedures for second or subsequent annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21A. Procedure on open ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2 2 3 3 3 3 3 4 4 4 4 4 6 6 8

2 Building Units and Group Titles Amendment Regulation 1991 21B. Procedure on secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21C. Result of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1R3eplacement of s.42 (Cost of improvements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 42. Cost of improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1A4mendment of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Short title 1. This regulation may be cited as the Building Units and Group Titles Amendment Regulation 1991 . Commencement 2. This regulation commences on 1 April 1992. Amended regulation 3. The Building Units and Group Titles Regulations 1980 is amended as set out in this regulation. Name of provision units 4.(1) A provision of the Building Units and Group Titles Regulations 1980 that was, immediately before the commencement of this section, called a regulation may be called a section. (2) A provision of the Building Units and Group Titles Regulations 1980 that was, immediately before the commencement of this section, called a subregulation may be called a subsection. (3) A reference in the Building Units and Group Titles Regulations 1980 to a regulation or subregulation designated by a number is a reference to a section or subsection of the Regulations designated by that number.

3 Building Units and Group Titles Amendment Regulation 1991 References to a provision of the Act 5. If— (a) there is a reference in the Building Units and Group Titles Regulations 1980 to a provision of the BuildingUnitsandGroupTitles Act 1980; and (b) the words ‘ of the Act ’ , or words of similar effect, do not appear at the end of the reference; the Building Units and Group Titles Regulations 1980 are amended by inserting the words ‘ of the Act ’ , at the end of the reference. Replacement of s.1 (Short title and commencement) 6. Section 1— omit , insert — ‘Short title ‘1. This regulation may be cited as the Building Units and Group Titles Regulation 1980 . ’. Omission of s.4 (Arrangement of Regulations) 7. Section 4— omit . Amendment of s.8 (Requirements for registration) 8.(1) Section 8(1)(b)(iii)— after ‘ 9(8)(a) ’, insert ‘ or (ab) ’. (2) After section 8(1)(c)(ii)— insert — ‘ and (iii) a third sheet in Form 2 on which is set out the certificate of a licensed surveyor mentioned in section 9(12) of the Act; ’.

4 Building Units and Group Titles Amendment Regulation 1991 (3) Section 8(1)(e)(ii)— omit ‘ the common property ’, insert ‘ and any common property affected by the resubdivision ’. (4) After section 8(1)(e)(ii)— insert — ‘ and (iii) a third sheet in form 2 on which is set out the certificate of a licensed surveyor mentioned in section 9(12) of the Act; ’. Replacement of s.15 (Notification of change of by-laws) 9. Section 15— omit , insert — ‘Notification of change of by-laws ‘15 . A notification given by a body corporate under— (a) section 30(3) of the Act is to be in Form 17; or (b) section 30(7B) of the Act is to be in Form 17A. ’. Insertion of new s.16A 10. After section 16— insert — ‘Notice of change of name ‘16A. A notice given by a body corporate for the purposes of section 9(4) of the Act is to be in Form 29. ’. Amendment of s.20 (Procedure at first annual general meeting etc.) 11.(1) Section 20— Rule 1—

5 Building Units and Group Titles Amendment Regulation 1991 omit , insert — ‘1.(1) The meeting is to determine— (a) if there are more than 3 proprietors and subject to section 42(4)(a) of the Act—the number of persons who are to be committee members; and (b) for the purposes of section 42(15) of the Act—if the election is to be an open election or by secret ballot. ’. (2) Section 20— Rule 5(b)— omit , insert — ‘ (b) if the election is an open election—distribute to each person present and entitled to vote a blank paper for each lot entitling that person to vote, for use as a ballot paper; or (c) if the election is by secret ballot—distribute to each person present and entitled to vote a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B. ’. (3) Section 20— Rule 6(c), (d) and (e)— omit , insert — ‘ (c) if the election is an open election— (i) indicating on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of proprietor, first mortgagee, proxy, nominee or trustee; and (ii) signing the ballot paper; and (iii) returning the ballot paper to the chairperson; (d) if the election is by secret ballot— (i) completing the ballot paper in a manner that complies with section 21B; and (ii) returning the ballot paper to the chairperson. ’. (4) Section 20—

6 Building Units and Group Titles Amendment Regulation 1991 Rule 9— omit ‘ a show of hands of those present and entitled to vote ’, insert ‘ lot ’. Replacement of s. 21 (Procedure at annual general meeting other than first) 12. Section 21— omit , insert — ‘Nomination procedures for second or subsequent annual general meeting ‘21.(1) This section does not apply to a body corporate that, under section 41 of the Act, is exempt from a provision of the Second or Fourth Schedule to the Act that applies to voting at an election conducted by a body corporate. ‘(2) The rules of procedure for the nomination of candidates for election as— (a) chairperson, secretary or treasurer; or (b) other member of the committee; of a body corporate are as follows— ‘1 . The secretary must serve notice on each proprietor shown on the body corporate’s roll, inviting the nomination of candidates for the position of chairperson, secretary, treasurer or other member of the committee. ‘2. The notice must be served as required by section 127(3) of the Act at least 14 days before the date on which nominations close. ‘3 . Nominations close on the day that is 21 days before the anniversary of the first annual general meeting. ‘4. A nomination of a person who, under section 42(6) of the Act, is eligible for election as chairperson, secretary or treasurer or other member of a committee must— (a) state the full name of the person nominated; and (b) state whether the nominee is— (i) an individual who is a proprietor; or

7 Building Units and Group Titles Amendment Regulation 1991 (ii) a company nominee of a corporation that is a proprietor; or (iii) an individual who is not a proprietor but who is nominated for election; and (c) state the full name of the nominator; and (d) be signed by the nominee and the nominator. ‘5. The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with Rule 4. ‘6. If in respect of the position of chairperson, secretary or treasurer— (a) no person is nominated, the chairperson at the annual general meeting is to invite nominations for any such position and must conduct an election in the same manner as for an election under section 20; or (b) only 1 person is nominated for any such position, the chairperson at the annual general meeting must declare that person to be elected; or (c) more than 1 person is nominated for any such position, a ballot is to be conducted in respect of the position. ‘7. If in respect of the position of other member of the committee— (a) no person is nominated, the chairperson at the annual general meeting is to invite nominations for the position and must conduct an election in the same manner as for an election under section 20; or (b) less than the number of persons required to be elected are nominated, the chairperson at the annual general meeting— (i) must declare any person who has been nominated to be elected; and (ii) is to invite nominations for the positions that have not been filled and must conduct an election for those positions in the same manner as for an election under section 20; or

8 Building Units and Group Titles Amendment Regulation 1991 (c) more persons are nominated than are required to be elected, a ballot is to be conducted in respect of the position. ‘Procedure on open ballot ‘21A. The rules of procedure for the conduct of an open election by ballot are as follows— ‘1. The secretary must prepare ballot papers indicating the number of persons required to be elected and setting out the names of the candidates in alphabetical order and, in respect of each candidate, whether each candidate is— (a) an individual who is a proprietor; or (b) a company nominee of a corporation that is a proprietor; or (c) an individual who is not a proprietor but who is nominated for election by a proprietor; and the name of the person who nominated the candidate. ‘2. A ballot paper and an envelope marked "Ballot Paper" and addressed to the secretary is to be forwarded to each person shown on the roll. ‘3. A person who is entitled to vote is to vote by— (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected to each position; and (b) signing the back of the ballot paper; and (c) marking the number of the lot entitling the person to vote on the back of the ballot paper; and (d) unless the ballot paper is completed at the annual general meeting— (i) placing the ballot paper in the ballot paper envelope; and (ii) sealing the envelope and signing the back of the envelope; and (iii) marking the number of the lot entitling the person to vote on the back of the ballot paper; and

9 Building Units and Group Titles Amendment Regulation 1991 (e) giving or sending the envelope to the secretary before or at the annual general meeting. ‘4. A person who is entitled to vote but has not voted before the annual general meeting is, upon request, to be given a ballot paper, and must give the completed ballot to the secretary when called upon to do so. ‘5. A ballot paper envelope must not be opened until all votes cast have been given to the secretary. ‘Procedure on secret ballot ‘21B . The rules of procedure for the conduct of an election by secret ballot are as follows— ‘1. The secretary must forward to each person shown on the roll a ballot paper and a ballot paper envelope that complies with section 21A, rule 1, and a particulars envelope. ‘2. A particulars envelope may be— (a) a separate envelope; or (b) a part of the ballot paper envelope that may be detached without opening the ballot paper envelope. ‘3. The particulars envelope is to be completed by inserting— (a) the number of the lot; and (b) the name of the proprietor of the lot; and (c) the name of the person entitled to vote; and (d) the capacity in which that person votes; and is to be signed and dated by the voter. ‘4. A person who is entitled to vote in a secret ballot is to vote by— (a) crossing out the names of candidates for whom the person does not wish to vote until the number of names remaining equals the number of persons required to be elected; and (b) placing the ballot paper in a ballot paper envelope, which is to be sealed and, if a separate particulars envelope is provided, placed in a completed particulars envelope; and (c) giving or sending the sealed envelope to the secretary.

10 Building Units and Group Titles Amendment Regulation 1991 ‘5. The secretary may issue a fresh ballot paper in place of a ballot paper that has been lost, not received, destroyed or is for any other reason not available for use and is to record that fact in writing and show that record to the chairperson at the meeting before the votes in the election are counted. ‘Result of ballot ‘21C. The rules of procedure for determining the result of a ballot are as follows— ‘1. If the election was conducted by secret ballot, the chairperson, or a person appointed by the chairperson, must scrutinise the particulars endorsed on the particulars envelope in the presence of any scrutineers appointed by the chairperson and if satisfied that the person who completed the envelope is entitled to vote in the election is to remove the ballot paper envelope from the particulars envelope. ‘2. If the election was conducted by secret ballot, all ballot paper envelopes are to be placed in a receptacle in open view of the meeting and are to be randomly mixed. ‘3. The chairperson, or a person appointed by the chairperson, is to open the ballot paper envelopes and count the votes recorded on the ballot papers in those envelopes. ‘4. Subject to rule 5— (a) in the case of an election for the position of chairperson, secretary or treasurer, the person who receives the highest number of votes is to be declared elected; and (b) in the case of an election for the position of other members of a committee, the chairperson is to declare elected the person who received the highest number of votes, in descending order, until the number of persons required to be elected have been elected. ‘5. If 2 or more persons receive the same number of votes and the number of persons to be elected would be exceeded by declaring those persons elected, the result of the ballot is to be determined by lot. ’.

11 Building Units and Group Titles Amendment Regulation 1991 Replacement of s.42 (Cost of improvements) 13. Section 42— omit , insert — ‘Cost of improvements ‘42. For the purposes of section 37(2)(g)(i) of the Act, the prescribed amount is— (a) $1 000; or (b) the amount determined by multiplying the number of lots by $200; whichever is higher. ’. Amendment of Schedule 14.(1) Schedule (Form 2)— after paragraph 1(b), insert — ‘ ; and (c) I have physically inspected the building shown on the building units plan to which this certificate is annexed and— (i) it conforms to the building units plan as submitted; and (ii) the numbering of the lots agrees with the numbering on the building units plan; and (iii) the areas designated as parts of lots (including garages) have been suitably identified and structurally divided; and (iv) all lots in the building are physically connected to each other in an approved manner ’. (2) Schedule (Form 2) paragraph 2— omit , insert — ‘2. (Surveyor to insert certificate as required by section 9(12) of the Building Units and Group Titles Act 1980 .) ’. (3) Schedule (Form 15)— after ‘ resolution ’, insert ‘ on (insert date) ’.

12 Building Units and Group Titles Amendment Regulation 1991 (4) Schedule (Form 17A)— omit , insert — ‘ Building Units and Group Titles Act 1980 Building Units and Group Titles Regulation 1980 (Form 17A) section 30(7B) of the Actsection 15 NOTIFICATION OF ALLOCATION OR TRANSPOSITION OF SPECIAL RIGHTS OVER COMMON PROPERTY SUBJECT OF A SECTION 30(7) BY-LAW [For use by bodies corporate in notifying the allocation or transposition of an identified or defined area of common property subject of a grant of an exclusive use and enjoyment by-law or special privileges by-law made under section 30(7) of the Building Units and Group Titles Act 1980 .] ALLOCATION OF AN AREA The Proprietors (insert name of building or parcel) *Building Units Plan No. /Group Titles Plan No. certify that (insert name of person) acting under a by-law of the body corporate made under section 30(7B of the Act), has made the following allocation—  Date of Allocation grant Name of Grantee Description of area of (attach marked plan where necessary) TRANSPOSITION OF AN AREA The Proprietors (insert name of building or parcel) *Building Units Plan No. /Group Titles Plan No. hereby certify that acting under a by-law made under section 30(7B of the Act) and on the written notice of (insert name of first proprietor) and (insert name of second proprietor), the following transposition was made between those proprietors—  Date of Transposition Proprietor’s Name Lot No. Description of area of grant received (attach marked plan where necessary)

13 Building Units and Group Titles Amendment Regulation 1991 from (first proprietor) to (second proprietor) CERTIFICATE The Common Seal of The Proprietors (insert name of building or parcel) *Building Unit Plan No. /Group Title Plan No. was affixed to this notification on (insert date) in the presence of . *Member of Committee *Body Corporate Manager . * Delete whichever is not applicable   This notification must be lodged within 3 months (section 30(7B) of the Act) ’. (5) Schedule (Form 18)— omit ‘ in general meeting held on ’. (6) Schedule (Form 18)— omit ‘ Council ’ , insert ‘ Committee ’. (7) Schedule— after Form 28, insert — ‘ Building Units and Group Titles Act 1980 Building Units and Group Titles Regulations 1980 (Form 29) section 9(4) of the Actsection 16A NOTICE OF CHANGE OF NAME The Proprietors—(Insert name of building or parcel) *Building Units Plan No. /Group Titles Plan No. certify that pursuant to section 9(4) of the BuildingUnitsandGroupTitlesAct1980 it has been decided by resolution without dissent on (insert date) that the name as recorded on the registered plan be changed to . The Common Seal of the Proprietors (insert name of building or parcel)

14 Building Units and Group Titles Amendment Regulation 1991 *Building Units Plan No. /Group Titles Plan No. was affixed to this notice on (insert date) in the presence of . *Members of the Committee/ Body Corporate Manager. *Delete whichever is inapplicable. ’. ENDNOTES 1. Made by the Governor in Council on 19 December 1991. 2. Published in the Gazette on 21 December 1991. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Lands. The State of Queensland 1991