{"id":"qld:sl-2020-0231","name":"Body Corporate and Community Management (Small Schemes Module) Regulation 2020","slug":"body-corporate-and-community-management-small-schemes-module-regulation-2020","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"231 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173977,"registerId":"qld-sl-2020-0231-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.8","sectionType":"section","heading":"Requirement for committee— Act , s 98 [ SM, s 7 ]","content":"### sec.8 Requirement for committee— Act , s 98 [ SM, s 7 ]\n\nSubject to subsection (2) , there must be a committee for the body corporate for a community titles scheme.\nThere is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer.\n(sec.8-ssec.1) Subject to subsection (2) , there must be a committee for the body corporate for a community titles scheme.\n(sec.8-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and the secretary and treasurer.","sortOrder":1},{"sectionNumber":"sec.9","sectionType":"section","heading":"Purposes of chapter [ SM, s 8 ]","content":"### sec.9 Purposes of chapter [ SM, s 8 ]\n\nThe purposes of this chapter are—\nto provide for the following matters in relation to a committee for the body corporate for a community titles scheme—\nthe composition of the committee;\nthe choosing of the secretary and treasurer;\nthe term of office of the secretary and treasurer;\nthe filling of casual vacancies on the committee;\nthe meetings of the committee; and\nto prescribe issues about which the committee may not make decisions; and\nto enable the body corporate to engage a body corporate manager to carry out the functions of a committee, the secretary and the treasurer; and\nto provide for matters that involve members of the committee that must be authorised by the body corporate.\n- (a) to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— (i) the composition of the committee; (ii) the choosing of the secretary and treasurer; (iii) the term of office of the secretary and treasurer; (iv) the filling of casual vacancies on the committee; (v) the meetings of the committee; and\n- (i) the composition of the committee;\n- (ii) the choosing of the secretary and treasurer;\n- (iii) the term of office of the secretary and treasurer;\n- (iv) the filling of casual vacancies on the committee;\n- (v) the meetings of the committee; and\n- (b) to prescribe issues about which the committee may not make decisions; and\n- (c) to enable the body corporate to engage a body corporate manager to carry out the functions of a committee, the secretary and the treasurer; and\n- (d) to provide for matters that involve members of the committee that must be authorised by the body corporate.\n- (i) the composition of the committee;\n- (ii) the choosing of the secretary and treasurer;\n- (iii) the term of office of the secretary and treasurer;\n- (iv) the filling of casual vacancies on the committee;\n- (v) the meetings of the committee; and","sortOrder":2},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Committee membership","content":"# Committee membership","sortOrder":3},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Composition of committee— Act , section 99","content":"## Composition of committee— Act , section 99","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Composition of committee [ SM, s 9 ]","content":"### sec.10 Composition of committee [ SM, s 9 ]\n\nA committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate.\nA person may hold the positions of secretary and treasurer in conjunction.\nThere must be a secretary and a treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of the secretary or treasurer.\nA person who is a member of the committee is a voting member of the committee.\n(sec.10-ssec.1) A committee consists only of the person or persons chosen to be the secretary and treasurer of the body corporate.\n(sec.10-ssec.2) A person may hold the positions of secretary and treasurer in conjunction.\n(sec.10-ssec.3) There must be a secretary and a treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of the secretary or treasurer.\n(sec.10-ssec.4) A person who is a member of the committee is a voting member of the committee.","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Eligibility to be secretary or treasurer [ SM, ss 10 and 11 ]","content":"### sec.11 Eligibility to be secretary or treasurer [ SM, ss 10 and 11 ]\n\nA person is eligible to be the secretary or treasurer if the person is an individual and is also—\na member of the body corporate; or\nSee also section 31 (Membership of body corporate for community titles scheme) of the Act .\na person nominated to be the secretary or treasurer by a member of the body corporate.\nHowever, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is—\na body corporate manager or service contractor; or\nan associate of a body corporate manager or service contractor; or\na person who is a member of the body corporate who owes a body corporate debt in relation to a lot owned by the person at the time voting members are chosen; or\na person nominated by a member mentioned in paragraph (c) .\nA member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary.\nFor each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time.\n(sec.11-ssec.1) A person is eligible to be the secretary or treasurer if the person is an individual and is also— a member of the body corporate; or See also section 31 (Membership of body corporate for community titles scheme) of the Act . a person nominated to be the secretary or treasurer by a member of the body corporate.\n(sec.11-ssec.2) However, a person who is otherwise eligible under subsection (1) to be the secretary or treasurer is ineligible to be the secretary or treasurer if the person is— a body corporate manager or service contractor; or an associate of a body corporate manager or service contractor; or a person who is a member of the body corporate who owes a body corporate debt in relation to a lot owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (c) .\n(sec.11-ssec.3) A member of the body corporate may not nominate a person to be the secretary or treasurer if the member owes a body corporate debt when the nomination is received by the secretary.\n(sec.11-ssec.4) For each lot that is co-owned, only 1 co-owner of a lot can be a member of the committee, on the basis of ownership of the lot, at a time.\n- (a) a member of the body corporate; or Note— See also section 31 (Membership of body corporate for community titles scheme) of the Act .\n- (b) a person nominated to be the secretary or treasurer by a member of the body corporate.\n- (a) a body corporate manager or service contractor; or\n- (b) an associate of a body corporate manager or service contractor; or\n- (c) a person who is a member of the body corporate who owes a body corporate debt in relation to a lot owned by the person at the time voting members are chosen; or\n- (d) a person nominated by a member mentioned in paragraph (c) .","sortOrder":6},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Choosing of committee— Act , section 99","content":"## Choosing of committee— Act , section 99","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"When secretary and treasurer are chosen [ SM, s 13 ]","content":"### sec.12 When secretary and treasurer are chosen [ SM, s 13 ]\n\nThe secretary and treasurer must be chosen at each annual general meeting of the body corporate.\nHowever, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are—\nonly 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or\nonly 2 lots included in the scheme, and the 2 lots are in different ownership; or\n3 or more lots included in the scheme, and all the lots are in identical ownership; or\n3 or more lots included in the scheme, and there are only 2 different owners for all the lots.\nIf subsection (2) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds the positions of both secretary and treasurer.\nIf subsection (2) (b) or (d) applies—\nthe committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or\nthe committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals.\nIf there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate.\nSubsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.\n(sec.12-ssec.1) The secretary and treasurer must be chosen at each annual general meeting of the body corporate.\n(sec.12-ssec.2) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots.\n(sec.12-ssec.3) If subsection (2) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds the positions of both secretary and treasurer.\n(sec.12-ssec.4) If subsection (2) (b) or (d) applies— the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals.\n(sec.12-ssec.5) If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate.\n(sec.12-ssec.6) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.\n- (a) only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or\n- (b) only 2 lots included in the scheme, and the 2 lots are in different ownership; or\n- (c) 3 or more lots included in the scheme, and all the lots are in identical ownership; or\n- (d) 3 or more lots included in the scheme, and there are only 2 different owners for all the lots.\n- (a) the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or\n- (b) the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals.","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":"When committee may be chosen if previous committee was formed under s 12 (3) [ SM, s 14 ]","content":"### sec.13 When committee may be chosen if previous committee was formed under s 12 (3) [ SM, s 14 ]\n\nIf, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 12 (3) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.\nThis subdivision applies to an extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.\n(sec.13-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 12 (3) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.\n(sec.13-ssec.2) This subdivision applies to an extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.","sortOrder":9},{"sectionNumber":"sec.14","sectionType":"section","heading":"Election of secretary and treasurer [ SM, s 15 ]","content":"### sec.14 Election of secretary and treasurer [ SM, s 15 ]\n\nThe secretary and treasurer must be chosen by election.\nThe election must be conducted—\nto the extent that meeting rules apply—in the way the meeting rules provide; and\nto the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution.\nHowever, despite subsection (1) —\nthe value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and\nnominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting.\nFor subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.\nA way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme.\n(sec.14-ssec.1) The secretary and treasurer must be chosen by election.\n(sec.14-ssec.2) The election must be conducted— to the extent that meeting rules apply—in the way the meeting rules provide; and to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution.\n(sec.14-ssec.3) However, despite subsection (1) — the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting.\n(sec.14-ssec.4) For subsection (3) (a) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.\n(sec.14-ssec.5) A way decided by the body corporate under subsection (2) (b) must be fair and reasonable in the circumstances of the scheme.\n- (a) to the extent that meeting rules apply—in the way the meeting rules provide; and\n- (b) to the extent that meeting rules do not apply—in the way decided by the body corporate by special resolution.\n- (a) the value of any vote able to be cast for a lot included in the community titles scheme for choosing the secretary or treasurer is the same as the value of the vote able to be cast for each other lot included in the scheme; and\n- (b) nominations for secretary and treasurer may be made orally at the general meeting dealing with the choosing, or in writing given to the secretary before the meeting.","sortOrder":10},{"sectionNumber":"sec.15","sectionType":"section","heading":"Term of office— Act , s 99 [ SM, s 44 ]","content":"### sec.15 Term of office— Act , s 99 [ SM, s 44 ]\n\nThe term of office of a person who is the secretary or treasurer continues until—\nanother person is chosen for the position; or\nthe member’s position becomes vacant under subsection (2) ; or\nthe member’s term of office ends under subsection (5) .\nThe position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer—\ndies; or\nbecomes ineligible to hold the position; or\nresigns by written notice given to—\nthe other member of the committee; or\nif the person holds the positions of secretary and treasurer—a member of the body corporate; or\nis convicted, whether or not a conviction is recorded, of an indictable offence; or\nis removed from office by ordinary resolution of the body corporate; or\nis removed from office under section 16 .\nFor subsection (2) (b) , without limiting the reasons a person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person—\nwas a member of the body corporate at the time the person was elected but is no longer a member of the body corporate; or\nwas not a member of the body corporate at the time the person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or\nis engaged as a body corporate manager or service contractor.\nIf there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position.\nThe term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .\n(sec.15-ssec.1) The term of office of a person who is the secretary or treasurer continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (5) .\n(sec.15-ssec.2) The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer— dies; or becomes ineligible to hold the position; or resigns by written notice given to— the other member of the committee; or if the person holds the positions of secretary and treasurer—a member of the body corporate; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 16 .\n(sec.15-ssec.3) For subsection (2) (b) , without limiting the reasons a person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person— was a member of the body corporate at the time the person was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor.\n(sec.15-ssec.4) If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position.\n(sec.15-ssec.5) The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .\n- (a) another person is chosen for the position; or\n- (b) the member’s position becomes vacant under subsection (2) ; or\n- (c) the member’s term of office ends under subsection (5) .\n- (a) dies; or\n- (b) becomes ineligible to hold the position; or\n- (c) resigns by written notice given to— (i) the other member of the committee; or (ii) if the person holds the positions of secretary and treasurer—a member of the body corporate; or\n- (i) the other member of the committee; or\n- (ii) if the person holds the positions of secretary and treasurer—a member of the body corporate; or\n- (d) is convicted, whether or not a conviction is recorded, of an indictable offence; or\n- (e) is removed from office by ordinary resolution of the body corporate; or\n- (f) is removed from office under section 16 .\n- (i) the other member of the committee; or\n- (ii) if the person holds the positions of secretary and treasurer—a member of the body corporate; or\n- (a) was a member of the body corporate at the time the person was elected but is no longer a member of the body corporate; or\n- (b) was not a member of the body corporate at the time the person was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or\n- (c) is engaged as a body corporate manager or service contractor.","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"Removal from office for breaching code of conduct— Act , s 101B [ SM, s 45 ]","content":"### sec.16 Removal from office for breaching code of conduct— Act , s 101B [ SM, s 45 ]\n\nFor section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct.\nA body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters—\nthat the body corporate believes the member has breached a stated provision of the code of conduct;\ndetails sufficient to identify the breach in not more than 600 words;\nthat the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\nthat, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\nthat the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\nIf asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate.\nIf a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must—\ninclude on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and\nattach to the agenda a copy of the notice given to the member.\nAt the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.\n(sec.16-ssec.1) For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct.\n(sec.16-ssec.2) A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\n(sec.16-ssec.3) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate.\n(sec.16-ssec.4) If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must— include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of the notice given to the member.\n(sec.16-ssec.5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.\n- (a) that the body corporate believes the member has breached a stated provision of the code of conduct;\n- (b) details sufficient to identify the breach in not more than 600 words;\n- (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\n- (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\n- (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\n- (a) include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and\n- (b) attach to the agenda a copy of the notice given to the member.","sortOrder":12},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Restricted issues— Act , section 100","content":"# Restricted issues— Act , section 100","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Restricted issues for committee [ SM, s 52 ]","content":"### sec.17 Restricted issues for committee [ SM, s 52 ]\n\nA decision is a decision on a restricted issue for the committee if it is a decision—\nfixing or changing a contribution to be levied by the body corporate; or\nchanging rights, privileges or obligations of the owners of lots included in the community titles scheme; or\non an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or\nIssues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145 .\nthat may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or\nto start a proceeding, other than—\na proceeding to recover a liquidated debt against the owner of a lot; or\na counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\na proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\na prescribed chapter 6 proceeding; or\nto pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision—\nis made under the authority of an ordinary resolution of the body corporate; or\nis for the reimbursement of expenses of not more than $50.\nIn this section—\nprescribed chapter 6 proceeding —\nmeans a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but\ndoes not include an appeal against an adjudicator’s order.\n(sec.17-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145 . that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision— is made under the authority of an ordinary resolution of the body corporate; or is for the reimbursement of expenses of not more than $50.\n(sec.17-ssec.2) In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order.\n- (a) fixing or changing a contribution to be levied by the body corporate; or\n- (b) changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or\n- (c) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Note— Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 145 .\n- (d) that may only be made by resolution without dissent, special resolution or ordinary resolution of the body corporate; or\n- (e) to start a proceeding, other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or (iv) a prescribed chapter 6 proceeding; or\n- (i) a proceeding to recover a liquidated debt against the owner of a lot; or\n- (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\n- (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\n- (iv) a prescribed chapter 6 proceeding; or\n- (f) to pay remuneration, allowances or expenses to the secretary or treasurer, unless the decision— (i) is made under the authority of an ordinary resolution of the body corporate; or (ii) is for the reimbursement of expenses of not more than $50.\n- (i) is made under the authority of an ordinary resolution of the body corporate; or\n- (ii) is for the reimbursement of expenses of not more than $50.\n- (i) a proceeding to recover a liquidated debt against the owner of a lot; or\n- (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\n- (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\n- (iv) a prescribed chapter 6 proceeding; or\n- (i) is made under the authority of an ordinary resolution of the body corporate; or\n- (ii) is for the reimbursement of expenses of not more than $50.\n- (a) means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but\n- (b) does not include an appeal against an adjudicator’s order.","sortOrder":14},{"sectionNumber":"sec.17A","sectionType":"section","heading":null,"content":"### Section sec.17A\n\ns 17A ins 2020 Act No. 38 s 39 sch 1\nexp 30 April 2022 (see s 17A(2))","sortOrder":15},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Committee meetings— Act , section 101","content":"# Committee meetings— Act , section 101","sortOrder":16},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Administrative arrangements for committee meetings","content":"## Administrative arrangements for committee meetings","sortOrder":17},{"sectionNumber":"sec.18","sectionType":"section","heading":"Committee meetings [ SM, s 54 ]","content":"### sec.18 Committee meetings [ SM, s 54 ]\n\nCommittee meetings are called and held in the way, and at the times and places, decided by the committee.","sortOrder":18},{"sectionNumber":"sec.19","sectionType":"section","heading":"Submission for consideration of motions at committee meetings—generally [ SM, s 58 ]","content":"### sec.19 Submission for consideration of motions at committee meetings—generally [ SM, s 58 ]\n\nThis section does not apply in relation to a motion for consideration at a meeting of the committee if—\nunder a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\nthe motion is about whether to approve a request to keep or bring an animal on a lot or common property.\nA member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 138 (2) .\nSubject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following—\nas soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or\nif the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating—\nthat the committee requires more time to decide the motion; and\nthe reason the committee requires more time; and\na reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\nThe committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted—\na motion about the same issue; or\n6 or more motions.\nIf the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.\nThe committee must not decide a motion if—\na decision on the motion would be a decision on a restricted issue for the committee; or\nthe motion, if carried, would—\nconflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\nbe unlawful or unenforceable for another reason.\nThe motion is taken to be not agreed to if—\nthe committee does not decide the motion within the decision period; or\nthe committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.\ns 19 amd 2024 SL No. 40 s 36\n(sec.19-ssec.1) This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property.\n(sec.19-ssec.2) A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 138 (2) .\n(sec.19-ssec.3) Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n(sec.19-ssec.4) The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions.\n(sec.19-ssec.5) If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.\n(sec.19-ssec.6) The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason.\n(sec.19-ssec.7) The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.\n- (a) under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) the motion is about whether to approve a request to keep or bring an animal on a lot or common property.\n- (a) as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or\n- (b) if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— (i) that the committee requires more time to decide the motion; and (ii) the reason the committee requires more time; and (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (i) that the committee requires more time to decide the motion; and\n- (ii) the reason the committee requires more time; and\n- (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (i) that the committee requires more time to decide the motion; and\n- (ii) the reason the committee requires more time; and\n- (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (a) a motion about the same issue; or\n- (b) 6 or more motions.\n- (a) a decision on the motion would be a decision on a restricted issue for the committee; or\n- (b) the motion, if carried, would— (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or (ii) be unlawful or unenforceable for another reason.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason.\n- (a) the committee does not decide the motion within the decision period; or\n- (b) the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.","sortOrder":19},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property [SM, s 58A ]","content":"### sec.19A Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property [SM, s 58A ]\n\nThis section applies if—\nunder a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\na decision in relation to the request may be made by the committee.\nSee section 32A for when a body corporate must decide a request at a general meeting.\nThe request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer.\nThe committee must decide the request—\nas a motion for consideration by the committee; and\nwithin the period prescribed under section 19B (the prescribed period ).\nIf the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ).\nThe committee must give the person written notice of—\na decision made under subsection (3) as soon as practicable after the decision is made; or\na deemed decision as soon as practicable after the prescribed period ends.\ns 19A ins 2024 SL No. 40 s 37\n(sec.19A-ssec.1) This section applies if— under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made by the committee. See section 32A for when a body corporate must decide a request at a general meeting.\n(sec.19A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer.\n(sec.19A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 19B (the prescribed period ).\n(sec.19A-ssec.4) If the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ).\n(sec.19A-ssec.5) The committee must give the person written notice of— a decision made under subsection (3) as soon as practicable after the decision is made; or a deemed decision as soon as practicable after the prescribed period ends.\n- (a) under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) a decision in relation to the request may be made by the committee. Note— See section 32A for when a body corporate must decide a request at a general meeting.\n- (a) as a motion for consideration by the committee; and\n- (b) within the period prescribed under section 19B (the prescribed period ).\n- (a) a decision made under subsection (3) as soon as practicable after the decision is made; or\n- (b) a deemed decision as soon as practicable after the prescribed period ends.","sortOrder":20},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Deciding requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4) [SM, s 58B ]","content":"### sec.19B Deciding requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4) [SM, s 58B ]\n\nFor section 169B (4) (a) of the Act , for a decision of a committee, the prescribed period is within 21 days after the request is made to the committee.\ns 19B ins 2024 SL No. 40 s 37","sortOrder":21},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Voting at committee meetings","content":"## Voting at committee meetings","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"When voting member ineligible to vote at committee meetings [ SM, s 64 ]","content":"### sec.20 When voting member ineligible to vote at committee meetings [ SM, s 64 ]\n\nA voting member of a committee is ineligible to vote at a meeting of the committee if, at the time of the meeting—\nthe member owes a body corporate debt in relation to a lot owned by the member; or\nfor a voting member nominated for membership of the committee by a member of the body corporate (the nominating member ) under section 11 (1) (b) —the nominating member owes a body corporate debt in relation to a lot owned by that member.\n- (a) the member owes a body corporate debt in relation to a lot owned by the member; or\n- (b) for a voting member nominated for membership of the committee by a member of the body corporate (the nominating member ) under section 11 (1) (b) —the nominating member owes a body corporate debt in relation to a lot owned by that member.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Voting at committee meetings [ SM, s 65 ]","content":"### sec.21 Voting at committee meetings [ SM, s 65 ]\n\nAt a meeting of the committee, a motion is decided by—\nif the positions of secretary and treasurer are held by 1 person—the person; or\nif the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided.\nHowever, subsection (3) applies if—\nthe positions of secretary and treasurer are held by 2 persons; and\nonly 1 of those persons (the relevant office holder )—\nis ineligible to vote under section 20 ; or\nis not authorised to make a decision under section 22 .\nThe other person may decide the motion without the agreement of the relevant office holder.\n(sec.21-ssec.1) At a meeting of the committee, a motion is decided by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided.\n(sec.21-ssec.2) However, subsection (3) applies if— the positions of secretary and treasurer are held by 2 persons; and only 1 of those persons (the relevant office holder )— is ineligible to vote under section 20 ; or is not authorised to make a decision under section 22 .\n(sec.21-ssec.3) The other person may decide the motion without the agreement of the relevant office holder.\n- (a) if the positions of secretary and treasurer are held by 1 person—the person; or\n- (b) if the positions of secretary and treasurer are held by 2 persons—the 2 persons acting in agreement about how the motion is to be decided.\n- (a) the positions of secretary and treasurer are held by 2 persons; and\n- (b) only 1 of those persons (the relevant office holder )— (i) is ineligible to vote under section 20 ; or (ii) is not authorised to make a decision under section 22 .\n- (i) is ineligible to vote under section 20 ; or\n- (ii) is not authorised to make a decision under section 22 .\n- (i) is ineligible to vote under section 20 ; or\n- (ii) is not authorised to make a decision under section 22 .","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conflict of interest [ SM, s 66 ]","content":"### sec.22 Conflict of interest [ SM, s 66 ]\n\nAn office holder must not, without the specific authorisation of the body corporate, make a decision on an issue if—\nthe issue concerns the office holder’s duties as an office holder; and\nthe office holder has a direct or indirect interest in the issue; and\nthe interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue.\nIn this section—\noffice holder means a person who is the secretary, treasurer, or secretary and treasurer.\n(sec.22-ssec.1) An office holder must not, without the specific authorisation of the body corporate, make a decision on an issue if— the issue concerns the office holder’s duties as an office holder; and the office holder has a direct or indirect interest in the issue; and the interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue.\n(sec.22-ssec.2) In this section— office holder means a person who is the secretary, treasurer, or secretary and treasurer.\n- (a) the issue concerns the office holder’s duties as an office holder; and\n- (b) the office holder has a direct or indirect interest in the issue; and\n- (c) the interest could conflict with the appropriate performance of the office holder’s duties about the consideration of the issue.","sortOrder":25},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Minutes and other records of committee","content":"## Minutes and other records of committee","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Minutes and other records of committee meetings [ SM, s 71 ]","content":"### sec.23 Minutes and other records of committee meetings [ SM, s 71 ]\n\nThe committee must ensure—\nfull and accurate minutes of its meetings are taken; and\na full and accurate record of motions that are taken to be not agreed to under section 19 (7) or taken to be agreed to under section 19A (4) is kept.\nThe secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons—\nif the positions of secretary and treasurer are held by 2 persons—the treasurer; and\neach owner of a lot who is not a member of the committee.\nThe copy must be given to the person—\nwithin 21 days after—\nfor a copy of minutes of a meeting—the holding of the meeting; or\nfor a copy of a record of motions—the day a motion is taken to be not agreed to; and\neither—\nif the person is a lot owner—as provided under section 137 ; or\nif the person is not a lot owner—in a way mentioned in section 138 (2) .\nIn this section—\ndetails , of an animal, means the following information—\nthe animal’s species;\nif relevant—the breed of the animal;\nthe animal’s sex;\nthe animal’s name.\nfull and accurate minutes , of a meeting, means minutes that include all of the following information—\nthe date, time and place of the meeting;\nthe names of persons present and details of the capacity in which they attended the meeting;\nthe words of each motion decided;\nfor a motion submitted by a member of the body corporate under section 19 (2) —\nwhen the motion was submitted to the secretary; and\nthe name of the member of the body corporate who submitted the motion;\nif, under section 19 (6) , the motion was not decided by the committee—the reason why it was not decided; and\ndetails of any notice given to the member under section 19 (3) (b) ;\nfor a motion in relation to a request for approval to keep or bring an animal on a lot or common property—\nthe day the request was made to the committee; and\nif known—the details of the animal the subject of the request; and\nif the motion was decided under section 19A and approval was given—any conditions imposed by the committee on the approval;\ndetails of correspondence, reports, notices or other documents tabled;\nthe secretary’s name and contact address.\nrecord of motions means—\na record of each motion taken to be not agreed to under section 19 (7) that includes the following information—\nthe words of the motion;\nthe date the notice was submitted to the secretary;\nthe name of the member who submitted the motion; and\nif the motion is taken to be agreed to under section 19A (4) , a record of each motion that includes the following information—\nthe day the request was made to the committee;\nif known—the details of the animal the subject of the request.\ns 23 amd 2024 SL No. 40 s 38\n(sec.23-ssec.1) The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions that are taken to be not agreed to under section 19 (7) or taken to be agreed to under section 19A (4) is kept.\n(sec.23-ssec.2) The secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons— if the positions of secretary and treasurer are held by 2 persons—the treasurer; and each owner of a lot who is not a member of the committee.\n(sec.23-ssec.3) The copy must be given to the person— within 21 days after— for a copy of minutes of a meeting—the holding of the meeting; or for a copy of a record of motions—the day a motion is taken to be not agreed to; and either— if the person is a lot owner—as provided under section 137 ; or if the person is not a lot owner—in a way mentioned in section 138 (2) .\n(sec.23-ssec.4) In this section— details , of an animal, means the following information— the animal’s species; if relevant—the breed of the animal; the animal’s sex; the animal’s name. full and accurate minutes , of a meeting, means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; the words of each motion decided; for a motion submitted by a member of the body corporate under section 19 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; if, under section 19 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 19 (3) (b) ; for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 19A and approval was given—any conditions imposed by the committee on the approval; details of correspondence, reports, notices or other documents tabled; the secretary’s name and contact address. record of motions means— a record of each motion taken to be not agreed to under section 19 (7) that includes the following information— the words of the motion; the date the notice was submitted to the secretary; the name of the member who submitted the motion; and if the motion is taken to be agreed to under section 19A (4) , a record of each motion that includes the following information— the day the request was made to the committee; if known—the details of the animal the subject of the request.\n- (a) full and accurate minutes of its meetings are taken; and\n- (b) a full and accurate record of motions that are taken to be not agreed to under section 19 (7) or taken to be agreed to under section 19A (4) is kept.\n- (a) if the positions of secretary and treasurer are held by 2 persons—the treasurer; and\n- (b) each owner of a lot who is not a member of the committee.\n- (a) within 21 days after— (i) for a copy of minutes of a meeting—the holding of the meeting; or (ii) for a copy of a record of motions—the day a motion is taken to be not agreed to; and\n- (i) for a copy of minutes of a meeting—the holding of the meeting; or\n- (ii) for a copy of a record of motions—the day a motion is taken to be not agreed to; and\n- (b) either— (i) if the person is a lot owner—as provided under section 137 ; or (ii) if the person is not a lot owner—in a way mentioned in section 138 (2) .\n- (i) if the person is a lot owner—as provided under section 137 ; or\n- (ii) if the person is not a lot owner—in a way mentioned in section 138 (2) .\n- (i) for a copy of minutes of a meeting—the holding of the meeting; or\n- (ii) for a copy of a record of motions—the day a motion is taken to be not agreed to; and\n- (i) if the person is a lot owner—as provided under section 137 ; or\n- (ii) if the person is not a lot owner—in a way mentioned in section 138 (2) .\n- (a) the animal’s species;\n- (b) if relevant—the breed of the animal;\n- (c) the animal’s sex;\n- (d) the animal’s name.\n- (a) the date, time and place of the meeting;\n- (b) the names of persons present and details of the capacity in which they attended the meeting;\n- (c) the words of each motion decided;\n- (d) for a motion submitted by a member of the body corporate under section 19 (2) — (i) when the motion was submitted to the secretary; and (ii) the name of the member of the body corporate who submitted the motion; (iii) if, under section 19 (6) , the motion was not decided by the committee—the reason why it was not decided; and (iv) details of any notice given to the member under section 19 (3) (b) ;\n- (i) when the motion was submitted to the secretary; and\n- (ii) the name of the member of the body corporate who submitted the motion;\n- (iii) if, under section 19 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (iv) details of any notice given to the member under section 19 (3) (b) ;\n- (e) for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— (i) the day the request was made to the committee; and (ii) if known—the details of the animal the subject of the request; and (iii) if the motion was decided under section 19A and approval was given—any conditions imposed by the committee on the approval;\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 19A and approval was given—any conditions imposed by the committee on the approval;\n- (f) details of correspondence, reports, notices or other documents tabled;\n- (g) the secretary’s name and contact address.\n- (i) when the motion was submitted to the secretary; and\n- (ii) the name of the member of the body corporate who submitted the motion;\n- (iii) if, under section 19 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (iv) details of any notice given to the member under section 19 (3) (b) ;\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 19A and approval was given—any conditions imposed by the committee on the approval;\n- (a) a record of each motion taken to be not agreed to under section 19 (7) that includes the following information— (i) the words of the motion; (ii) the date the notice was submitted to the secretary; (iii) the name of the member who submitted the motion; and\n- (i) the words of the motion;\n- (ii) the date the notice was submitted to the secretary;\n- (iii) the name of the member who submitted the motion; and\n- (b) if the motion is taken to be agreed to under section 19A (4) , a record of each motion that includes the following information— (i) the day the request was made to the committee; (ii) if known—the details of the animal the subject of the request.\n- (i) the day the request was made to the committee;\n- (ii) if known—the details of the animal the subject of the request.\n- (i) the words of the motion;\n- (ii) the date the notice was submitted to the secretary;\n- (iii) the name of the member who submitted the motion; and\n- (i) the day the request was made to the committee;\n- (ii) if known—the details of the animal the subject of the request.","sortOrder":27},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Engagement of body corporate manager to carry out functions of committee, secretary and treasurer— Act , section 122","content":"# Engagement of body corporate manager to carry out functions of committee, secretary and treasurer— Act , section 122","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"When body corporate manager may be engaged to carry out functions of committee and secretary and treasurer [ SM, s 74 ]","content":"### sec.24 When body corporate manager may be engaged to carry out functions of committee and secretary and treasurer [ SM, s 74 ]\n\nThe body corporate may—\nengage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and\nagree to an amendment of the engagement.\nUnder section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer.\nSee also section 120 of the Act .\nThe body corporate may act under subsection (1) only if—\nthe original owner control period has ended; and\nthe body corporate passes a special resolution approving the engagement or amendment; and\nthe material given to members of the body corporate for the general meeting that considers the motion includes—\nfor an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\nfor an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\nThe engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.\nTo the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.\nThe engagement of a body corporate manager under this part is void if it does not comply with this section and section  25.\nAn agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.\n(sec.24-ssec.1) The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and agree to an amendment of the engagement. Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer. See also section 120 of the Act .\n(sec.24-ssec.2) The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n(sec.24-ssec.3) The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.\n(sec.24-ssec.4) To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.\n(sec.24-ssec.5) The engagement of a body corporate manager under this part is void if it does not comply with this section and section  25.\n(sec.24-ssec.6) An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.\n- (a) engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee, secretary and treasurer; and\n- (b) agree to an amendment of the engagement.\n- 1 Under section 8 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and the secretary and treasurer.\n- 2 See also section 120 of the Act .\n- (a) the original owner control period has ended; and\n- (b) the body corporate passes a special resolution approving the engagement or amendment; and\n- (c) the material given to members of the body corporate for the general meeting that considers the motion includes— (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n- (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\n- (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n- (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\n- (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Form of engagement [ SM, s 75 ]","content":"### sec.25 Form of engagement [ SM, s 75 ]\n\nThe engagement of a body corporate manager under this part must—\nbe in writing; and\nstate that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and\nstate that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and\nstate the basis for working out payment for the body corporate manager’s services.\nThe engagement must not be in the form of a by-law.\n(sec.25-ssec.1) The engagement of a body corporate manager under this part must— be in writing; and state that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and state that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and state the basis for working out payment for the body corporate manager’s services.\n(sec.25-ssec.2) The engagement must not be in the form of a by-law.\n- (a) be in writing; and\n- (b) state that the body corporate manager is required to carry out all the functions of the committee, the secretary and treasurer; and\n- (c) state that the body corporate manager is authorised to exercise the powers of the committee, the secretary and treasurer; and\n- (d) state the basis for working out payment for the body corporate manager’s services.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Term of engagement [ SM, s 76 ]","content":"### sec.26 Term of engagement [ SM, s 76 ]\n\nSubject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events—\nat the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; or\n12 months after the day the engagement began.\nHowever, the body corporate may terminate the person’s engagement under chapter 6 , part 4 .\nUnder section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.\nDuring the term of the engagement, the body corporate may not choose or purport to choose a person as the secretary or treasurer.\n(sec.26-ssec.1) Subject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events— at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; or 12 months after the day the engagement began.\n(sec.26-ssec.2) However, the body corporate may terminate the person’s engagement under chapter 6 , part 4 . Under section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.\n(sec.26-ssec.3) During the term of the engagement, the body corporate may not choose or purport to choose a person as the secretary or treasurer.\n- (a) at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; or\n- (b) 12 months after the day the engagement began.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions and powers [ SM, s 77 ]","content":"### sec.27 Functions and powers [ SM, s 77 ]\n\nA body corporate manager engaged under this part has—\nthe functions of a committee, the secretary and treasurer; and\nsubject to any revocation under section 120 (4) of the Act , the powers of a committee, the secretary and treasurer.\n- (a) the functions of a committee, the secretary and treasurer; and\n- (b) subject to any revocation under section 120 (4) of the Act , the powers of a committee, the secretary and treasurer.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Body corporate manager’s reports to body corporate [ SM, s 78 ]","content":"### sec.28 Body corporate manager’s reports to body corporate [ SM, s 78 ]\n\nA body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme.\nThe report must include details of each of the following items—\nrepairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report;\nany matters—\nknown to the body corporate manager about the condition of the common property or the body corporate assets; and\nthat the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets;\nSee sections 99 and 107 .\nthe balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund;\nthe body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\nFor subsection (2) (d) , the report must state, for each expense—\nthe payee; and\nthe amount; and\nthe date the expense was incurred; and\nthe reason the expense was incurred.\nThe report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement.\nThe report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part.\nAlso, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) .\nA request under subsection (6) —\nmust be in writing; and\nmust not be made more than once every 3 months.\nThe body corporate manager must give the report to the members within 21 days after receiving the request.\n(sec.28-ssec.1) A body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme.\n(sec.28-ssec.2) The report must include details of each of the following items— repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report; any matters— known to the body corporate manager about the condition of the common property or the body corporate assets; and that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; See sections 99 and 107 . the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund; the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\n(sec.28-ssec.3) For subsection (2) (d) , the report must state, for each expense— the payee; and the amount; and the date the expense was incurred; and the reason the expense was incurred.\n(sec.28-ssec.4) The report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement.\n(sec.28-ssec.5) The report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part.\n(sec.28-ssec.6) Also, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) .\n(sec.28-ssec.7) A request under subsection (6) — must be in writing; and must not be made more than once every 3 months.\n(sec.28-ssec.8) The body corporate manager must give the report to the members within 21 days after receiving the request.\n- (a) repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report;\n- (b) any matters— (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; Note— See sections 99 and 107 .\n- (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and\n- (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets;\n- (c) the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund;\n- (d) the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\n- (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and\n- (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets;\n- (a) the payee; and\n- (b) the amount; and\n- (c) the date the expense was incurred; and\n- (d) the reason the expense was incurred.\n- (a) must be in writing; and\n- (b) must not be made more than once every 3 months.","sortOrder":33},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"When committee member may receive particular benefits","content":"# When committee member may receive particular benefits","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"When committee member may receive particular benefits [ SM, s 79 ]","content":"### sec.29 When committee member may receive particular benefits [ SM, s 79 ]\n\nA committee member may only receive a direct or indirect benefit from a service contractor if—\nthe benefit is the supply of—\na service that the body corporate has engaged the contractor to provide; or\na service that an owner of a lot has engaged the contractor to provide at market price; or\na gardening or maintenance service provided by a service contractor to lot owners\notherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.\n- (a) the benefit is the supply of— (i) a service that the body corporate has engaged the contractor to provide; or (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (b) otherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners","sortOrder":35},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Purpose of chapter [ SM, s 80 ]","content":"### sec.30 Purpose of chapter [ SM, s 80 ]\n\nThe purpose of this chapter is to prescribe matters about meetings of the body corporate for a community titles scheme.","sortOrder":37},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Administrative arrangements for body corporate meetings","content":"# Administrative arrangements for body corporate meetings","sortOrder":38},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Types of meetings [ SM, s 81 ]","content":"### sec.31 Types of meetings [ SM, s 81 ]\n\nAll meetings of the body corporate are general meetings.\nA general meeting is either an annual general meeting or an extraordinary general meeting.\n(sec.31-ssec.1) All meetings of the body corporate are general meetings.\n(sec.31-ssec.2) A general meeting is either an annual general meeting or an extraordinary general meeting.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Who may call general meetings [ SM, s 82 ]","content":"### sec.32 Who may call general meetings [ SM, s 82 ]\n\nA general meeting may be called by—\nif the positions of secretary and treasurer are held by 1 person—the person; or\nif the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if authorised by a resolution of the committee to call the particular meeting.\nA general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.\nThis section does not apply to a requested extraordinary general meeting.\n(sec.32-ssec.1) A general meeting may be called by— if the positions of secretary and treasurer are held by 1 person—the person; or if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if authorised by a resolution of the committee to call the particular meeting.\n(sec.32-ssec.2) A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.\n(sec.32-ssec.3) This section does not apply to a requested extraordinary general meeting.\n- (a) if the positions of secretary and treasurer are held by 1 person—the person; or\n- (b) if the positions of secretary and treasurer are held by 2 persons—the secretary or treasurer, if authorised by a resolution of the committee to call the particular meeting.","sortOrder":41},{"sectionNumber":"sec.32A","sectionType":"section","heading":"General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property [SM, s 82A ]","content":"### sec.32A General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property [SM, s 82A ]\n\nThis section applies if—\nunder a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and\na decision in relation to the request may be made only at a general meeting of the body corporate.\nThe request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer or, if the committee has not yet been chosen, the original owner.\nThe person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )—\nby notice given to each owner of a lot, call a general meeting of the body corporate; and\ninclude the request as a motion on the general meeting agenda.\nIf the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.\nIf either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )—\na general meeting is not called within the relevant period;\na general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 32B (the prescribed period ).\nThe body corporate must give the person written notice of the deemed decision—\nif subsection (5) (a) applies, as soon as practicable after the relevant period ends; or\nif subsection (5) (b) applies, as soon as practicable after the prescribed period ends.\nAlso, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.\ns 32A ins 2024 SL No. 40 s 39\n(sec.32A-ssec.1) This section applies if— under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made only at a general meeting of the body corporate.\n(sec.32A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the treasurer or, if the committee has not yet been chosen, the original owner.\n(sec.32A-ssec.3) The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )— by notice given to each owner of a lot, call a general meeting of the body corporate; and include the request as a motion on the general meeting agenda.\n(sec.32A-ssec.4) If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.\n(sec.32A-ssec.5) If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )— a general meeting is not called within the relevant period; a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 32B (the prescribed period ).\n(sec.32A-ssec.6) The body corporate must give the person written notice of the deemed decision— if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.\n(sec.32A-ssec.7) Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.\n- (a) under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) a decision in relation to the request may be made only at a general meeting of the body corporate.\n- (a) by notice given to each owner of a lot, call a general meeting of the body corporate; and\n- (b) include the request as a motion on the general meeting agenda.\n- (a) a general meeting is not called within the relevant period;\n- (b) a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 32B (the prescribed period ).\n- (a) if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or\n- (b) if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.","sortOrder":42},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Decisions about requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4) [SM, s 82B ]","content":"### sec.32B Decisions about requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4) [SM, s 82B ]\n\nFor section 169B (4) (a) of the Act , for a decision of a body corporate, the prescribed period is within 6 weeks after a notice is given under section 32A (3) (a) .\ns 32B ins 2024 SL No. 40 s 39","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"When annual general meetings must be called [ SM, s 83 ]","content":"### sec.33 When annual general meetings must be called [ SM, s 83 ]\n\nAn annual general meeting, other than the first annual general meeting, must be called and held within 3 months after the end of each of the community titles scheme’s financial years.\nSee division 2 for requirements for the first annual general meeting.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Requirement for requested extraordinary general meeting [ SM, s 84 ]","content":"### sec.34 Requirement for requested extraordinary general meeting [ SM, s 84 ]\n\nAn extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is—\nsigned by or for the owners of at least 25% of all the lots included in the community titles scheme; and\ngiven to—\nthe secretary; or\nin the secretary’s absence—\nif the positions of secretary and treasurer are held by 2 persons—the treasurer; or\nif the committee has not yet been chosen—the original owner.\nThe secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days.\nA requested extraordinary general meeting—\nmust be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and\nmust be held within 6 weeks after the notice is given.\nSection 40 provides that, unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice is given to the lot owners.\nA requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\n(sec.34-ssec.1) An extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is— signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and given to— the secretary; or in the secretary’s absence— if the positions of secretary and treasurer are held by 2 persons—the treasurer; or if the committee has not yet been chosen—the original owner.\n(sec.34-ssec.2) The secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days.\n(sec.34-ssec.3) A requested extraordinary general meeting— must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and must be held within 6 weeks after the notice is given. Section 40 provides that, unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice is given to the lot owners.\n(sec.34-ssec.4) A requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\n- (a) signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and\n- (b) given to— (i) the secretary; or (ii) in the secretary’s absence— (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or (B) if the committee has not yet been chosen—the original owner.\n- (i) the secretary; or\n- (ii) in the secretary’s absence— (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or (B) if the committee has not yet been chosen—the original owner.\n- (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or\n- (B) if the committee has not yet been chosen—the original owner.\n- (i) the secretary; or\n- (ii) in the secretary’s absence— (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or (B) if the committee has not yet been chosen—the original owner.\n- (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or\n- (B) if the committee has not yet been chosen—the original owner.\n- (A) if the positions of secretary and treasurer are held by 2 persons—the treasurer; or\n- (B) if the committee has not yet been chosen—the original owner.\n- (a) must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and\n- (b) must be held within 6 weeks after the notice is given. Note— Section 40 provides that, unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice is given to the lot owners.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Failure to call requested extraordinary general meeting [ SM, s 85 ]","content":"### sec.35 Failure to call requested extraordinary general meeting [ SM, s 85 ]\n\nThis section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 34 (1) .\nAn owner of a lot by or for whom the original request was signed, or another owner of a lot who agrees to call the meeting, may call the meeting.\n(sec.35-ssec.1) This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 34 (1) .\n(sec.35-ssec.2) An owner of a lot by or for whom the original request was signed, or another owner of a lot who agrees to call the meeting, may call the meeting.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Opportunity to submit agenda motions [ SM, s 86 ]","content":"### sec.36 Opportunity to submit agenda motions [ SM, s 86 ]\n\nA motion for consideration at a general meeting of the body corporate may be submitted at any time by—\na member of the body corporate; or\nthe committee.\nIf a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.\nIf a motion is submitted, it must be included on the next general meeting agenda on which it is practicable to include the motion.\n(sec.36-ssec.1) A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee.\n(sec.36-ssec.2) If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.\n(sec.36-ssec.3) If a motion is submitted, it must be included on the next general meeting agenda on which it is practicable to include the motion.\n- (a) a member of the body corporate; or\n- (b) the committee.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notice of general meetings [ SM, s 87 ]","content":"### sec.37 Notice of general meetings [ SM, s 87 ]\n\nWritten notice of a general meeting must be given to the owner of each lot included in the community titles scheme.\nThe notice must state the time and place of the proposed general meeting.\nThe notice of a proposed general meeting must—\ncontain an agenda for the meeting; and\nbe accompanied by—\na proxy form; and\nif the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\nif there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and\nSee also sections 38 and 39 .\ncontain or be accompanied by any other document as required under the Act or this regulation.\nSee, for example, the documents required under sections 79 , 92 , 94 , 95 , 115 and 145 .\nHowever, if all of the lots have identical ownership, no notice of a general meeting need be given.\n(sec.37-ssec.1) Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme.\n(sec.37-ssec.2) The notice must state the time and place of the proposed general meeting.\n(sec.37-ssec.3) The notice of a proposed general meeting must— contain an agenda for the meeting; and be accompanied by— a proxy form; and if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and See also sections 38 and 39 . contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 79 , 92 , 94 , 95 , 115 and 145 .\n(sec.37-ssec.4) However, if all of the lots have identical ownership, no notice of a general meeting need be given.\n- (a) contain an agenda for the meeting; and\n- (b) be accompanied by— (i) a proxy form; and (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and (iii) if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and Note— See also sections 38 and 39 .\n- (i) a proxy form; and\n- (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\n- (iii) if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and Note— See also sections 38 and 39 .\n- (c) contain or be accompanied by any other document as required under the Act or this regulation. Note— See, for example, the documents required under sections 79 , 92 , 94 , 95 , 115 and 145 .\n- (i) a proxy form; and\n- (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\n- (iii) if there is a group of same-issue motions on the agenda—a voting paper and explanatory schedule for the group of same-issue motions; and Note— See also sections 38 and 39 .","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Group of same-issue motions [ SM, s 89 ]","content":"### sec.38 Group of same-issue motions [ SM, s 89 ]\n\nThis section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 36 , for consideration at a general meeting of the body corporate.\nThe secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person.\nThe committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on a voting paper for the general meeting.\nA voting paper for a group of same-issue motions must also—\nset out the motions that are part of the group under the title of the group of same-issue motions as shown on the agenda for the meeting; and\nlist the motions that are part of that group in the following order—\nmotions requiring a resolution without dissent;\nmotions requiring a special resolution;\nmotions requiring an ordinary resolution.\nA person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions—\nvote in favour of 1 or more of the motions;\nvote against 1 or more of the motions;\nabstain from voting on 1 or more of the motions.\nAn original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate.\nIf there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions.\nIf there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions.\nSuppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows—\nOriginal motion A which proposes improvements that would cost an amount that must be authorised by special resolution;\nOriginal motion B which proposes improvements that would cost an amount that must be authorised by special resolution;\nOriginal motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution.\nOriginal motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions.\nAs original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (7) , for the group of same-issue motions.\nHowever, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions.\nIf there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides.\nOther than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.\n(sec.38-ssec.1) This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 36 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person.\n(sec.38-ssec.2) The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on a voting paper for the general meeting.\n(sec.38-ssec.3) A voting paper for a group of same-issue motions must also— set out the motions that are part of the group under the title of the group of same-issue motions as shown on the agenda for the meeting; and list the motions that are part of that group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution.\n(sec.38-ssec.4) A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions.\n(sec.38-ssec.5) An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate.\n(sec.38-ssec.6) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions.\n(sec.38-ssec.7) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 6 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 5 votes in favour of, and 1 vote against, the motion and would pass as a special resolution. Original motion B receives 4 votes in favour of, and 1 vote against, the motion and would also pass as a special resolution. Original motion C receives 3 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (7) , for the group of same-issue motions.\n(sec.38-ssec.8) However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions.\n(sec.38-ssec.9) If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides.\n(sec.38-ssec.10) Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.\n- (a) set out the motions that are part of the group under the title of the group of same-issue motions as shown on the agenda for the meeting; and\n- (b) list the motions that are part of that group in the following order— (i) motions requiring a resolution without dissent; (ii) motions requiring a special resolution; (iii) motions requiring an ordinary resolution.\n- (i) motions requiring a resolution without dissent;\n- (ii) motions requiring a special resolution;\n- (iii) motions requiring an ordinary resolution.\n- (i) motions requiring a resolution without dissent;\n- (ii) motions requiring a special resolution;\n- (iii) motions requiring an ordinary resolution.\n- (a) vote in favour of 1 or more of the motions;\n- (b) vote against 1 or more of the motions;\n- (c) abstain from voting on 1 or more of the motions.\n- 1 Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution;\n- 2 Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution;\n- 3 Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Explanatory material accompanying voting paper [ SM, s 90 ]","content":"### sec.39 Explanatory material accompanying voting paper [ SM, s 90 ]\n\nA voting paper for a group of same-issue motions must be accompanied by an explanatory schedule.\nThe explanatory schedule must include all of the following information—\nthe title of the group as shown on the agenda for the meeting;\na list of each original motion that is part of the group;\nan explanatory note stating that—\nvoters may vote on each of the original motions that are part of the group; and\nvotes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\nif a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\nan original motion can not be amended at the general meeting; and\nif no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed.\n‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion.\nVotes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions.\nIf no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed.\nOriginal motions in the group of same-issue motions can not be amended at the meeting.’.\n(sec.39-ssec.1) A voting paper for a group of same-issue motions must be accompanied by an explanatory schedule.\n(sec.39-ssec.2) The explanatory schedule must include all of the following information— the title of the group as shown on the agenda for the meeting; a list of each original motion that is part of the group; an explanatory note stating that— voters may vote on each of the original motions that are part of the group; and votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and an original motion can not be amended at the general meeting; and if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed. ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’.\n- (a) the title of the group as shown on the agenda for the meeting;\n- (b) a list of each original motion that is part of the group;\n- (c) an explanatory note stating that— (i) voters may vote on each of the original motions that are part of the group; and (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and (iv) an original motion can not be amended at the general meeting; and (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed. Example of an explanatory note for paragraph (c) — ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’.\n- (i) voters may vote on each of the original motions that are part of the group; and\n- (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\n- (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\n- (iv) an original motion can not be amended at the general meeting; and\n- (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed.\n- (i) voters may vote on each of the original motions that are part of the group; and\n- (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\n- (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\n- (iv) an original motion can not be amended at the general meeting; and\n- (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion, the decision of the body corporate is that none of the original motions are passed.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Time of general meetings [ SM, s 91 ]","content":"### sec.40 Time of general meetings [ SM, s 91 ]\n\nUnless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice of the meeting is given to owners of lots.\nSection 34 provides for the timing of a requested extraordinary general meeting.\nA decision made by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the community titles scheme.\n(sec.40-ssec.1) Unless the body corporate decides otherwise, a general meeting must be held at least 21 days after notice of the meeting is given to owners of lots. Section 34 provides for the timing of a requested extraordinary general meeting.\n(sec.40-ssec.2) A decision made by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the community titles scheme.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Agenda for general meeting [ SM, s 93 ]","content":"### sec.41 Agenda for general meeting [ SM, s 93 ]\n\nThe secretary must prepare an agenda for each general meeting.\nThe agenda must—\nstate the following motions—\nmotions submitted by the committee for consideration at the meeting;\nif the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\na motion submitted under section 36 by a member of the body corporate and required to be included on the agenda;\nif an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\nif there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and\nstate, for each motion stated on the agenda, whether a resolution without dissent, special resolution or ordinary resolution is required; and\nif the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and\nif there is a group of same-issue motions on the agenda, include—\nthe title of the group of same-issue motions; and\nAn agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\na list of the motions that are part of the group in the following order—\nmotions requiring a resolution without dissent;\nmotions requiring a special resolution;\nmotions requiring an ordinary resolution.\nstate for each motion—\nif the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or\nif the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\nIf the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include—\nthe substance of each statutory motion to be considered at the meeting; and\nanything else required, under the Act , to be included on the agenda for the meeting.\nIn this section—\nstatutory motion , for an annual general meeting, means a motion about a following matter—\npresenting the body corporate’s accounts for the financial year;\nadopting administrative fund and sinking fund budgets for the financial year;\nfixing contributions to be paid by the owners of lots for the next financial year;\nreviewing each insurance policy held by the body corporate.\n(sec.41-ssec.1) The secretary must prepare an agenda for each general meeting.\n(sec.41-ssec.2) The agenda must— state the following motions— motions submitted by the committee for consideration at the meeting; if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda; if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and state, for each motion stated on the agenda, whether a resolution without dissent, special resolution or ordinary resolution is required; and if the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and if there is a group of same-issue motions on the agenda, include— the title of the group of same-issue motions; and An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. a list of the motions that are part of the group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring an ordinary resolution. state for each motion— if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n(sec.41-ssec.3) If the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include— the substance of each statutory motion to be considered at the meeting; and anything else required, under the Act , to be included on the agenda for the meeting.\n(sec.41-ssec.4) In this section— statutory motion , for an annual general meeting, means a motion about a following matter— presenting the body corporate’s accounts for the financial year; adopting administrative fund and sinking fund budgets for the financial year; fixing contributions to be paid by the owners of lots for the next financial year; reviewing each insurance policy held by the body corporate.\n- (a) state the following motions— (i) motions submitted by the committee for consideration at the meeting; (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; (iii) a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda; (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and\n- (i) motions submitted by the committee for consideration at the meeting;\n- (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\n- (iii) a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda;\n- (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\n- (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and\n- (b) state, for each motion stated on the agenda, whether a resolution without dissent, special resolution or ordinary resolution is required; and\n- (c) if the meeting is the first annual general meeting for the community titles scheme—include the business required to be considered at the first annual general meeting; and\n- (d) if there is a group of same-issue motions on the agenda, include— (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. (ii) a list of the motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring an ordinary resolution.\n- (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\n- (ii) a list of the motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring an ordinary resolution.\n- (e) state for each motion— (i) if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or (ii) if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n- (i) if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or\n- (ii) if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n- (i) motions submitted by the committee for consideration at the meeting;\n- (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\n- (iii) a motion submitted under section 36 by a member of the body corporate and required to be included on the agenda;\n- (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\n- (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; and\n- (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\n- (ii) a list of the motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring an ordinary resolution.\n- (i) if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; or\n- (ii) if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n- (a) the substance of each statutory motion to be considered at the meeting; and\n- (b) anything else required, under the Act , to be included on the agenda for the meeting.\n- (a) presenting the body corporate’s accounts for the financial year;\n- (b) adopting administrative fund and sinking fund budgets for the financial year;\n- (c) fixing contributions to be paid by the owners of lots for the next financial year;\n- (d) reviewing each insurance policy held by the body corporate.","sortOrder":52},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Special provisions for first annual general meeting","content":"## Special provisions for first annual general meeting","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"First annual general meeting [ SM, s 94 ]","content":"### sec.42 First annual general meeting [ SM, s 94 ]\n\nThe original owner must call and hold the first annual general meeting of the body corporate as required by this section.\nMaximum penalty—150 penalty units.\nThe meeting must be called for and held within 2 months after the first of the following to happen—\nmore than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner;\n6 months elapse after the establishment of the scheme.\nThe agenda for the meeting must include the following items of business—\nadopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year;\nreviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance;\nchoosing the secretary and treasurer;\ndeciding what issues are reserved for decision by ordinary resolution;\nSee section 17 (1) (c) .\ndeciding whether the by-laws should be amended or repealed;\nany motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion;\nif the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.\nIf the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.\nThe original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator.\nTo avoid any doubt, it is declared that an extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\nSubject to section 43 (4) , this section does not apply to the body corporate of a community titles scheme to which section 43 applies.\ns 42 amd 2024 SL No. 40 s 40\n(sec.42-ssec.1) The original owner must call and hold the first annual general meeting of the body corporate as required by this section. Maximum penalty—150 penalty units.\n(sec.42-ssec.2) The meeting must be called for and held within 2 months after the first of the following to happen— more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner; 6 months elapse after the establishment of the scheme.\n(sec.42-ssec.3) The agenda for the meeting must include the following items of business— adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year; reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance; choosing the secretary and treasurer; deciding what issues are reserved for decision by ordinary resolution; See section 17 (1) (c) . deciding whether the by-laws should be amended or repealed; any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion; if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.\n(sec.42-ssec.4) If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.\n(sec.42-ssec.5) The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator.\n(sec.42-ssec.6) To avoid any doubt, it is declared that an extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\n(sec.42-ssec.7) Subject to section 43 (4) , this section does not apply to the body corporate of a community titles scheme to which section 43 applies.\n- (a) more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner;\n- (b) 6 months elapse after the establishment of the scheme.\n- (a) adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year;\n- (b) reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance;\n- (c) choosing the secretary and treasurer;\n- (d) deciding what issues are reserved for decision by ordinary resolution; Note— See section 17 (1) (c) .\n- (e) deciding whether the by-laws should be amended or repealed;\n- (f) any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion;\n- (g) if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"First annual general meeting—scheme established by amalgamation [ SM, s 95 ]","content":"### sec.43 First annual general meeting—scheme established by amalgamation [ SM, s 95 ]\n\nThis section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act .\nThe first annual general meeting of the body corporate for the new scheme must be called, under this section, by—\nif, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or\nif paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.\nThe meeting must be called and held within 3 months after the amalgamation takes effect.\nThe agenda for the meeting must include the items mentioned in section 42 (3) .\nIf a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time.\nIn this section—\nformer secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.\n(sec.43-ssec.1) This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act .\n(sec.43-ssec.2) The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.\n(sec.43-ssec.3) The meeting must be called and held within 3 months after the amalgamation takes effect.\n(sec.43-ssec.4) The agenda for the meeting must include the items mentioned in section 42 (3) .\n(sec.43-ssec.5) If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time.\n(sec.43-ssec.6) In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.\n- (a) if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or\n- (b) if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Documents and materials to be given to body corporate at first annual general meeting [ SM, s 96 ]","content":"### sec.44 Documents and materials to be given to body corporate at first annual general meeting [ SM, s 96 ]\n\nAt the first annual general meeting, the original owner must give the following to the body corporate—\na register of assets containing an inventory of all body corporate assets;\nif a development approval was required for development on the scheme land—a copy of the development approval;\nall plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure;\nthe community management statement currently recorded for the community titles scheme;\nall policies of insurance taken out by the original owner for the body corporate;\ncopies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;\nif a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;\nan independent valuation for each building the body corporate must insure under chapter 8 , part 6 ;\ndocuments in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation;\ndocuments in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including—\ncontracts for building work, or other work of a developmental nature, carried out on scheme land; and\ncertificates of classification for buildings and fire safety certificates;\ncopies of any contracts or agreements for the supply of utility services to the body corporate;\ncopies of any documents relating to warranties for—\nbuildings or improvements forming part of scheme land; and\nany item of plant and equipment forming part of the common property; and\nany other body corporate asset;\nadministrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year;\na detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets;\na copy of any proxy form under which the original owner is the proxy for an owner of a lot;\na copy of any document under which the original owner derives the representative capacity for an owner of a lot.\nMaximum penalty—150 penalty units.\nIf documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity.\nMaximum penalty—20 penalty units.\nThe documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form.\nAlso, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited.\nIn this section—\nexcluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.\ns 44 amd 2024 SL No. 40 s 41 ; 2024 Act No. 22 s 92 sch 1\n(sec.44-ssec.1) At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units.\n(sec.44-ssec.2) If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units.\n(sec.44-ssec.3) The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form.\n(sec.44-ssec.4) Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited.\n(sec.44-ssec.5) In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.\n- (a) a register of assets containing an inventory of all body corporate assets;\n- (b) if a development approval was required for development on the scheme land—a copy of the development approval;\n- (c) all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure;\n- (d) the community management statement currently recorded for the community titles scheme;\n- (e) all policies of insurance taken out by the original owner for the body corporate;\n- (f) copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;\n- (g) if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;\n- (h) an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ;\n- (i) documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement, correspondence and tender documentation;\n- (j) documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and (ii) certificates of classification for buildings and fire safety certificates;\n- (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and\n- (ii) certificates of classification for buildings and fire safety certificates;\n- (k) copies of any contracts or agreements for the supply of utility services to the body corporate;\n- (l) copies of any documents relating to warranties for— (i) buildings or improvements forming part of scheme land; and (ii) any item of plant and equipment forming part of the common property; and (iii) any other body corporate asset;\n- (i) buildings or improvements forming part of scheme land; and\n- (ii) any item of plant and equipment forming part of the common property; and\n- (iii) any other body corporate asset;\n- (m) administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year;\n- (n) a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years, that must include an estimate for the repainting of common property and of buildings that are body corporate assets;\n- (o) a copy of any proxy form under which the original owner is the proxy for an owner of a lot;\n- (p) a copy of any document under which the original owner derives the representative capacity for an owner of a lot.\n- (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and\n- (ii) certificates of classification for buildings and fire safety certificates;\n- (i) buildings or improvements forming part of scheme land; and\n- (ii) any item of plant and equipment forming part of the common property; and\n- (iii) any other body corporate asset;","sortOrder":56},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Chair and quorum for body corporate meetings","content":"# Chair and quorum for body corporate meetings","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Chairing general meetings [ SM, s 97 ]","content":"### sec.45 Chairing general meetings [ SM, s 97 ]\n\nThe persons who are present at a general meeting and have the right to vote at the meeting must elect 1 of the persons to chair the meeting.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Power of person chairing general meeting to rule motion out of order [ SM, s 98 ]","content":"### sec.46 Power of person chairing general meeting to rule motion out of order [ SM, s 98 ]\n\nThe person chairing a general meeting of the body corporate must rule a motion out of order if—\nthe motion, if carried, would—\nconflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\nbe unlawful or unenforceable for another reason; or\nfor a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\nThe person chairing the meeting must, when ruling a motion out of order—\ngive reasons for the ruling; and\nfor a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\nThe persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling.\nThe reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.\nTo remove any doubt, it is declared that—\nnothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and\nif the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.\n(sec.46-ssec.1) The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\n(sec.46-ssec.2) The person chairing the meeting must, when ruling a motion out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\n(sec.46-ssec.3) The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling.\n(sec.46-ssec.4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.\n(sec.46-ssec.5) To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.\n- (a) the motion, if carried, would— (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or (ii) be unlawful or unenforceable for another reason; or\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason; or\n- (b) for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason; or\n- (a) give reasons for the ruling; and\n- (b) for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\n- (a) nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and\n- (b) if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Quorum for general meetings [ SM, s 99 ]","content":"### sec.47 Quorum for general meetings [ SM, s 99 ]\n\nIn addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter—\nappointed a proxy for the meeting; or\ncast a vote in a way permitted by the body corporate under section 52 .\nA quorum at a general meeting is—\nif, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or\notherwise—at least 25% of the voters for the meeting.\nA body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is—\nnot less than 10% of the number of voters; and\nnot more than 25% of the number of voters.\nDespite subsection (2) , the number of voters that must be present personally for a meeting is—\nif the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or\nif the number of voters for the meeting is fewer than 3—1.\nFor this section, the number of voters for the meeting must be calculated as follows—\na person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter;\n2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter;\n2 or more co-owners of a lot must be counted as 1 voter.\nDespite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting.\n(sec.47-ssec.1) In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a vote in a way permitted by the body corporate under section 52 .\n(sec.47-ssec.2) A quorum at a general meeting is— if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting.\n(sec.47-ssec.3) A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters.\n(sec.47-ssec.4) Despite subsection (2) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1.\n(sec.47-ssec.5) For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter.\n(sec.47-ssec.6) Despite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting.\n- (a) appointed a proxy for the meeting; or\n- (b) cast a vote in a way permitted by the body corporate under section 52 .\n- (a) if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or\n- (b) otherwise—at least 25% of the voters for the meeting.\n- (a) not less than 10% of the number of voters; and\n- (b) not more than 25% of the number of voters.\n- (a) if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or\n- (b) if the number of voters for the meeting is fewer than 3—1.\n- (a) a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter;\n- (b) 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter;\n- (c) 2 or more co-owners of a lot must be counted as 1 voter.","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Adjournment of general meeting and formation of quorum in particular circumstances [ SM, s 100 ]","content":"### sec.48 Adjournment of general meeting and formation of quorum in particular circumstances [ SM, s 100 ]\n\nThis section applies if a quorum is not formed under section 47 within 30 minutes of the time scheduled to start a general meeting.\nThe meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later.\nDespite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start.\nIf at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if—\nat least 1 voter is present personally; or\nno voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or\na committee member is present personally.\n(sec.48-ssec.1) This section applies if a quorum is not formed under section 47 within 30 minutes of the time scheduled to start a general meeting.\n(sec.48-ssec.2) The meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later.\n(sec.48-ssec.3) Despite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start.\n(sec.48-ssec.4) If at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if— at least 1 voter is present personally; or no voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or a committee member is present personally.\n- (a) at least 1 voter is present personally; or\n- (b) no voter is present personally, but a body corporate manager, with authority from the body corporate to conduct the meeting, is present personally; or\n- (c) a committee member is present personally.","sortOrder":61},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Voting at general meetings","content":"# Voting at general meetings","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Meaning of voter for general meeting [ SM, s 101 ]","content":"### sec.49 Meaning of voter for general meeting [ SM, s 101 ]\n\nA voter for a general meeting of the body corporate is an individual—\nwhose name is entered on the body corporate’s roll as—\nthe owner of a lot; or\nthe representative of the owner of a lot; or\na corporate owner nominee; or\na subsidiary scheme representative; or\nwho is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\nFor subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if—\nthe person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or\nthe person—\nis acting under the authority of a power of attorney given to the person by the owner of the lot; and\nis not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\nis not the body corporate manager or a service contractor.\nFor subsection (2) (b) , a person may only act as the owner’s representative in relation to more than one lot if—\nthe owner of each lot is the same person; or\nfor each lot—the representative is a family member of the owner of the lot; or\nthe power of attorney is given under section 211 or section 219 of the Act .\nAlso, a person may be treated as the owner’s representative only if the person—\ngives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and\nadvises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\nThe owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary.\nFor subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating—\nthe name of the nominee; or\nthe names of 2 nominees, 1 of whom is to act in the absence of the other.\nThe notice of nomination must—\nbe given—\nunder the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\nby a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\nadvise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\nA nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees.\nIn this section—\nfamily , of an individual, means the following persons—\nthe individual’s spouse;\neach of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child;\neach of the individual’s parents, including a step-parent;\na brother or sister of the individual.\n(sec.49-ssec.1) A voter for a general meeting of the body corporate is an individual— whose name is entered on the body corporate’s roll as— the owner of a lot; or the representative of the owner of a lot; or a corporate owner nominee; or a subsidiary scheme representative; or who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\n(sec.49-ssec.2) For subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if— the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or the person— is acting under the authority of a power of attorney given to the person by the owner of the lot; and is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and is not the body corporate manager or a service contractor.\n(sec.49-ssec.3) For subsection (2) (b) , a person may only act as the owner’s representative in relation to more than one lot if— the owner of each lot is the same person; or for each lot—the representative is a family member of the owner of the lot; or the power of attorney is given under section 211 or section 219 of the Act .\n(sec.49-ssec.4) Also, a person may be treated as the owner’s representative only if the person— gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\n(sec.49-ssec.5) The owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary.\n(sec.49-ssec.6) For subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating— the name of the nominee; or the names of 2 nominees, 1 of whom is to act in the absence of the other.\n(sec.49-ssec.7) The notice of nomination must— be given— under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and advise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\n(sec.49-ssec.8) A nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees.\n(sec.49-ssec.9) In this section— family , of an individual, means the following persons— the individual’s spouse; each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child; each of the individual’s parents, including a step-parent; a brother or sister of the individual.\n- (a) whose name is entered on the body corporate’s roll as— (i) the owner of a lot; or (ii) the representative of the owner of a lot; or (iii) a corporate owner nominee; or (iv) a subsidiary scheme representative; or\n- (i) the owner of a lot; or\n- (ii) the representative of the owner of a lot; or\n- (iii) a corporate owner nominee; or\n- (iv) a subsidiary scheme representative; or\n- (b) who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\n- (i) the owner of a lot; or\n- (ii) the representative of the owner of a lot; or\n- (iii) a corporate owner nominee; or\n- (iv) a subsidiary scheme representative; or\n- (a) the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or\n- (b) the person— (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and (iii) is not the body corporate manager or a service contractor.\n- (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and\n- (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\n- (iii) is not the body corporate manager or a service contractor.\n- (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and\n- (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\n- (iii) is not the body corporate manager or a service contractor.\n- (a) the owner of each lot is the same person; or\n- (b) for each lot—the representative is a family member of the owner of the lot; or\n- (c) the power of attorney is given under section 211 or section 219 of the Act .\n- (a) gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and\n- (b) advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\n- (a) the name of the nominee; or\n- (b) the names of 2 nominees, 1 of whom is to act in the absence of the other.\n- (a) be given— (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\n- (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\n- (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\n- (b) advise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\n- (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\n- (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\n- (a) the individual’s spouse;\n- (b) each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child;\n- (c) each of the individual’s parents, including a step-parent;\n- (d) a brother or sister of the individual.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Displacement or disentitlement of right to vote [ SM, s 102 ]","content":"### sec.50 Displacement or disentitlement of right to vote [ SM, s 102 ]\n\nIf a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of—\nthe registered owner of the lot; or\na person who derives a right to vote from the registered owner.\nA person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting.\n(sec.50-ssec.1) If a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of— the registered owner of the lot; or a person who derives a right to vote from the registered owner.\n(sec.50-ssec.2) A person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting.\n- (a) the registered owner of the lot; or\n- (b) a person who derives a right to vote from the registered owner.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Representation of body corporate [ SM, s 103 ]","content":"### sec.51 Representation of body corporate [ SM, s 103 ]\n\nThis section applies if the community titles scheme ( scheme B ) is a lot included in another community titles scheme ( scheme A ).\nThe body corporate for scheme B must ensure that at all times there is a person (the subsidiary scheme representative ) appointed by the committee for scheme B’s body corporate to represent the body corporate for scheme B on scheme A’s body corporate.\nIf the body corporate does not appoint the representative, the representative is the secretary of the body corporate for scheme B.\nThe first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate.\nThe appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A.\nThe subsidiary scheme representative must represent scheme B’s body corporate—\nin the way scheme B’s body corporate directs; and\nsubject to paragraph (a) , in a way that is in the best interests of scheme B.\nThe subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate.\n(sec.51-ssec.1) This section applies if the community titles scheme ( scheme B ) is a lot included in another community titles scheme ( scheme A ).\n(sec.51-ssec.2) The body corporate for scheme B must ensure that at all times there is a person (the subsidiary scheme representative ) appointed by the committee for scheme B’s body corporate to represent the body corporate for scheme B on scheme A’s body corporate.\n(sec.51-ssec.3) If the body corporate does not appoint the representative, the representative is the secretary of the body corporate for scheme B.\n(sec.51-ssec.4) The first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate.\n(sec.51-ssec.5) The appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A.\n(sec.51-ssec.6) The subsidiary scheme representative must represent scheme B’s body corporate— in the way scheme B’s body corporate directs; and subject to paragraph (a) , in a way that is in the best interests of scheme B.\n(sec.51-ssec.7) The subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate.\n- (a) in the way scheme B’s body corporate directs; and\n- (b) subject to paragraph (a) , in a way that is in the best interests of scheme B.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Voting at general meeting [ SM, s 107 ]","content":"### sec.52 Voting at general meeting [ SM, s 107 ]\n\nVoting at a general meeting must be done in the way the body corporate decides.\nA way decided by the body corporate under subsection (1) —\nmust be fair and reasonable in the circumstances of the community titles scheme; and\nmay include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and\nmust, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\nIf 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot.\nNo vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot.\nA general meeting may pass a resolution on a motion only if the motion is—\na motion included as an item of business on the general meeting’s agenda; or\n1 or more of the following—\na procedural motion for the conduct of the meeting;\na motion to amend a motion;\na motion to correct minutes.\n(sec.52-ssec.1) Voting at a general meeting must be done in the way the body corporate decides.\n(sec.52-ssec.2) A way decided by the body corporate under subsection (1) — must be fair and reasonable in the circumstances of the community titles scheme; and may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n(sec.52-ssec.3) If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot.\n(sec.52-ssec.4) No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot.\n(sec.52-ssec.5) A general meeting may pass a resolution on a motion only if the motion is— a motion included as an item of business on the general meeting’s agenda; or 1 or more of the following— a procedural motion for the conduct of the meeting; a motion to amend a motion; a motion to correct minutes.\n- (a) must be fair and reasonable in the circumstances of the community titles scheme; and\n- (b) may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and\n- (c) must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (a) a motion included as an item of business on the general meeting’s agenda; or\n- (b) 1 or more of the following— (i) a procedural motion for the conduct of the meeting; (ii) a motion to amend a motion; (iii) a motion to correct minutes.\n- (i) a procedural motion for the conduct of the meeting;\n- (ii) a motion to amend a motion;\n- (iii) a motion to correct minutes.\n- (i) a procedural motion for the conduct of the meeting;\n- (ii) a motion to amend a motion;\n- (iii) a motion to correct minutes.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Secretary to have available for inspection body corporate’s roll etc. [ SM, s 113 ]","content":"### sec.53 Secretary to have available for inspection body corporate’s roll etc. [ SM, s 113 ]\n\nThe secretary must have available for inspection by voters at the general meeting—\nthe body corporate’s roll; and\na list of the persons who have the right to vote at the meeting; and\nall proxy forms; and\nif a person has, in accordance with a way decided by the body corporate under section 52 , exercised a written vote on a motion or otherwise clearly communicated the person’s vote to the meeting—evidence of the person’s vote.\n- (a) the body corporate’s roll; and\n- (b) a list of the persons who have the right to vote at the meeting; and\n- (c) all proxy forms; and\n- (d) if a person has, in accordance with a way decided by the body corporate under section 52 , exercised a written vote on a motion or otherwise clearly communicated the person’s vote to the meeting—evidence of the person’s vote.","sortOrder":67},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Other procedural matters for general meetings","content":"# Other procedural matters for general meetings","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment of motions at general meetings [ SM, s 115 ]","content":"### sec.54 Amendment of motions at general meetings [ SM, s 115 ]\n\nA motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting.\nHowever, an amendment can not be made that changes the subject matter of the motion.\nIn counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—\nif the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or\nif the person has cast a vote on the motion in its original form—must be counted as voting against the motion.\nFor subsection (3) , a person is taken to be present at the meeting personally if the person can immediately communicate to the meeting a vote on a motion in a way permitted by the body corporate under section 52 .\n(sec.54-ssec.1) A motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting.\n(sec.54-ssec.2) However, an amendment can not be made that changes the subject matter of the motion.\n(sec.54-ssec.3) In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote— if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or if the person has cast a vote on the motion in its original form—must be counted as voting against the motion.\n(sec.54-ssec.4) For subsection (3) , a person is taken to be present at the meeting personally if the person can immediately communicate to the meeting a vote on a motion in a way permitted by the body corporate under section 52 .\n- (a) if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or\n- (b) if the person has cast a vote on the motion in its original form—must be counted as voting against the motion.","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Amendment or revocation of resolutions passed at general meeting [ SM, s 116 ]","content":"### sec.55 Amendment or revocation of resolutions passed at general meeting [ SM, s 116 ]\n\nThis section applies if a resolution of 1 of the following types is required to decide a matter—\na resolution without dissent;\na special resolution;\nan ordinary resolution.\nOnce it has been passed, the resolution may be amended or revoked only by a resolution of the same type.\n(sec.55-ssec.1) This section applies if a resolution of 1 of the following types is required to decide a matter— a resolution without dissent; a special resolution; an ordinary resolution.\n(sec.55-ssec.2) Once it has been passed, the resolution may be amended or revoked only by a resolution of the same type.\n- (a) a resolution without dissent;\n- (b) a special resolution;\n- (c) an ordinary resolution.","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Minutes of general meetings [ SM, s 117 ]","content":"### sec.56 Minutes of general meetings [ SM, s 117 ]\n\nThe body corporate must ensure full and accurate minutes are taken of each general meeting.\nA copy of the minutes must be given to each owner of a lot within 21 days after the meeting.\nIn this section—\nfull and accurate minutes means minutes that include all of the following information—\nthe date, time and place of the meeting;\nthe names of persons present and details of the capacity in which they attended the meeting;\ndetails of proxies tabled;\nthe words of each motion voted on;\nfor each motion voted on—\nthe number of votes for and against the motion; and\nthe number of abstentions from voting on the motion;\nif the secretary or the treasurer is elected at the meeting—the number of votes cast for each candidate;\nif the person chairing the meeting ruled a motion out of order—the reasons for the ruling;\nthe time the meeting closed;\nthe secretary’s name and contact address;\nanything else required under this regulation to be included in the minutes.\n(sec.56-ssec.1) The body corporate must ensure full and accurate minutes are taken of each general meeting.\n(sec.56-ssec.2) A copy of the minutes must be given to each owner of a lot within 21 days after the meeting.\n(sec.56-ssec.3) In this section— full and accurate minutes means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; details of proxies tabled; the words of each motion voted on; for each motion voted on— the number of votes for and against the motion; and the number of abstentions from voting on the motion; if the secretary or the treasurer is elected at the meeting—the number of votes cast for each candidate; if the person chairing the meeting ruled a motion out of order—the reasons for the ruling; the time the meeting closed; the secretary’s name and contact address; anything else required under this regulation to be included in the minutes.\n- (a) the date, time and place of the meeting;\n- (b) the names of persons present and details of the capacity in which they attended the meeting;\n- (c) details of proxies tabled;\n- (d) the words of each motion voted on;\n- (e) for each motion voted on— (i) the number of votes for and against the motion; and (ii) the number of abstentions from voting on the motion;\n- (i) the number of votes for and against the motion; and\n- (ii) the number of abstentions from voting on the motion;\n- (f) if the secretary or the treasurer is elected at the meeting—the number of votes cast for each candidate;\n- (g) if the person chairing the meeting ruled a motion out of order—the reasons for the ruling;\n- (h) the time the meeting closed;\n- (i) the secretary’s name and contact address;\n- (j) anything else required under this regulation to be included in the minutes.\n- (i) the number of votes for and against the motion; and\n- (ii) the number of abstentions from voting on the motion;","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Performance of secretary’s functions for general meeting if meeting not called by secretary [ SM, s 118 ]","content":"### sec.57 Performance of secretary’s functions for general meeting if meeting not called by secretary [ SM, s 118 ]\n\nThis section applies if a general meeting is called, under section 32 , 34 or 35 , by a person other than the secretary.\nThe person who calls the meeting must perform all the functions of the secretary for the meeting.\nThe secretary must provide to the person the records or other documents of the body corporate reasonably required to enable the person to perform the functions.\n(sec.57-ssec.1) This section applies if a general meeting is called, under section 32 , 34 or 35 , by a person other than the secretary.\n(sec.57-ssec.2) The person who calls the meeting must perform all the functions of the secretary for the meeting.\n(sec.57-ssec.3) The secretary must provide to the person the records or other documents of the body corporate reasonably required to enable the person to perform the functions.","sortOrder":72},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Voting other than at general meeting","content":"# Voting other than at general meeting","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Voting other than at general meeting— Act , s 111","content":"### sec.58 Voting other than at general meeting— Act , s 111\n\nSection 111 of the Act applies to a community titles scheme to which this regulation applies.","sortOrder":74},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":"Purpose of chapter [ SM, s 119 ]","content":"### sec.59 Purpose of chapter [ SM, s 119 ]\n\nThe purpose of this chapter is to prescribe matters about the appointment and use of a proxy to represent a member of the body corporate at a general meeting of the body corporate.","sortOrder":76},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Proxies for body corporate meetings— Act , section 103","content":"# Proxies for body corporate meetings— Act , section 103","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":"Appointment [ SM, s 128 ]","content":"### sec.60 Appointment [ SM, s 128 ]\n\nA voter for the general meeting may appoint a proxy to act for the person at the general meeting.\nHowever, the body corporate may by special resolution prohibit the use of proxies—\nfor particular things described in the special resolution; or\naltogether.\nAn appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\nA person must not hold more than 1 proxy for a general meeting.\nThe appointment of a proxy is effective only if the voter or the holder of the proxy gives, in a way mentioned in section 138 (2) , a properly completed proxy form to the secretary before—\nthe start of the meeting at which the proxy is to be exercised; or\nif the body corporate has fixed an earlier time by which proxies must be given that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n(sec.60-ssec.1) A voter for the general meeting may appoint a proxy to act for the person at the general meeting.\n(sec.60-ssec.2) However, the body corporate may by special resolution prohibit the use of proxies— for particular things described in the special resolution; or altogether.\n(sec.60-ssec.3) An appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\n(sec.60-ssec.4) A person must not hold more than 1 proxy for a general meeting.\n(sec.60-ssec.5) The appointment of a proxy is effective only if the voter or the holder of the proxy gives, in a way mentioned in section 138 (2) , a properly completed proxy form to the secretary before— the start of the meeting at which the proxy is to be exercised; or if the body corporate has fixed an earlier time by which proxies must be given that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n- (a) for particular things described in the special resolution; or\n- (b) altogether.\n- (a) the start of the meeting at which the proxy is to be exercised; or\n- (b) if the body corporate has fixed an earlier time by which proxies must be given that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"Form of proxy [ SM, s 129 ]","content":"### sec.61 Form of proxy [ SM, s 129 ]\n\nA proxy under this part—\nmust be in the approved form; and\nmust be in the English language; and\ncan not be irrevocable; and\ncan not be transferred by the holder of the proxy to a third person; and\nlapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\nmay be given by any person who has the right to vote at a general meeting; and\nsubject to the limitations contained in this part, may be given to any individual; and\nmust appoint a named individual.\n- (a) must be in the approved form; and\n- (b) must be in the English language; and\n- (c) can not be irrevocable; and\n- (d) can not be transferred by the holder of the proxy to a third person; and\n- (e) lapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\n- (f) may be given by any person who has the right to vote at a general meeting; and\n- (g) subject to the limitations contained in this part, may be given to any individual; and\n- (h) must appoint a named individual.","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Use of proxy [ SM, s 130 ]","content":"### sec.62 Use of proxy [ SM, s 130 ]\n\nA body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B.\nIf at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.\nA vote by proxy must not be exercised at a general meeting—\nif the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or\non a particular motion, if the person who gave the proxy is not present personally at the meeting but has, in accordance with a way decided by the body corporate under section 52 , exercised a written vote on the motion or otherwise clearly communicated the person’s vote to the meeting.\nA proxy cannot be exercised for someone else by a body corporate manager or an associate of a body corporate manager.\n(sec.62-ssec.1) A body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B.\n(sec.62-ssec.2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.\n(sec.62-ssec.3) A vote by proxy must not be exercised at a general meeting— if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or on a particular motion, if the person who gave the proxy is not present personally at the meeting but has, in accordance with a way decided by the body corporate under section 52 , exercised a written vote on the motion or otherwise clearly communicated the person’s vote to the meeting.\n(sec.62-ssec.4) A proxy cannot be exercised for someone else by a body corporate manager or an associate of a body corporate manager.\n- (a) if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or\n- (b) on a particular motion, if the person who gave the proxy is not present personally at the meeting but has, in accordance with a way decided by the body corporate under section 52 , exercised a written vote on the motion or otherwise clearly communicated the person’s vote to the meeting.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Offence [ SM, s 132 ]","content":"### sec.63 Offence [ SM, s 132 ]\n\nA person must not exercise a proxy, or otherwise to purport to vote on behalf of another person, at a general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person.\nMaximum penalty—100 penalty units.","sortOrder":81},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Purpose of chapter [ SM, s 133 ]","content":"### sec.64 Purpose of chapter [ SM, s 133 ]\n\nThe purpose of this chapter is to prescribe matters about the engagement of a person as a body corporate manager or service contractor for a community titles scheme, including matters about rights and obligations of the body corporate.","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of ch 6 to chapter 3 , part 5 engagements [ SM, s 134 ]","content":"### sec.65 Application of ch 6 to chapter 3 , part 5 engagements [ SM, s 134 ]\n\nParts 2 and 3 do not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.","sortOrder":84},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Authority for engagements","content":"# Authority for engagements","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Authority to make or amend engagement [ SM, s 135 ]","content":"### sec.66 Authority to make or amend engagement [ SM, s 135 ]\n\nThe body corporate may—\nengage a person as a body corporate manager or service contractor; or\nagree to an amendment of an engagement mentioned in paragraph (a) .\nThe body corporate may act under subsection (1) only if—\nthe body corporate passes an ordinary resolution approving the engagement or amendment; and\nthe material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement or amendment includes—\nfor an engagement—the terms of the engagement, including—\nwhen the term of the engagement begins and ends; and\nthe term of any right or option of extension or renewal of the engagement; and\nfor an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\nfor another agreement to amend an engagement—the terms and effect of the amendment.\n(sec.66-ssec.1) The body corporate may— engage a person as a body corporate manager or service contractor; or agree to an amendment of an engagement mentioned in paragraph (a) .\n(sec.66-ssec.2) The body corporate may act under subsection (1) only if— the body corporate passes an ordinary resolution approving the engagement or amendment; and the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement or amendment includes— for an engagement—the terms of the engagement, including— when the term of the engagement begins and ends; and the term of any right or option of extension or renewal of the engagement; and for an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and for another agreement to amend an engagement—the terms and effect of the amendment.\n- (a) engage a person as a body corporate manager or service contractor; or\n- (b) agree to an amendment of an engagement mentioned in paragraph (a) .\n- (a) the body corporate passes an ordinary resolution approving the engagement or amendment; and\n- (b) the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement or amendment includes— (i) for an engagement—the terms of the engagement, including— (A) when the term of the engagement begins and ends; and (B) the term of any right or option of extension or renewal of the engagement; and (ii) for an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and (iii) for another agreement to amend an engagement—the terms and effect of the amendment.\n- (i) for an engagement—the terms of the engagement, including— (A) when the term of the engagement begins and ends; and (B) the term of any right or option of extension or renewal of the engagement; and\n- (A) when the term of the engagement begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement; and\n- (ii) for an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\n- (iii) for another agreement to amend an engagement—the terms and effect of the amendment.\n- (i) for an engagement—the terms of the engagement, including— (A) when the term of the engagement begins and ends; and (B) the term of any right or option of extension or renewal of the engagement; and\n- (A) when the term of the engagement begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement; and\n- (ii) for an agreement to amend a person’s engagement as a service contractor to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\n- (iii) for another agreement to amend an engagement—the terms and effect of the amendment.\n- (A) when the term of the engagement begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement; and","sortOrder":86},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Requirements for engagements","content":"# Requirements for engagements","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Form of engagement [ SM, s 137 ]","content":"### sec.67 Form of engagement [ SM, s 137 ]\n\nThe engagement of a person as a body corporate manager or service contractor is void if the engagement does not comply with the requirements stated in subsection (2) .\nThe engagement must be in writing and state—\nthe term of the engagement, including—\nwhen the term begins and when it ends; and\nthe term of any right or option of extension or renewal of the engagement; and\nthe functions the body corporate manager or service contractor is required or authorised to carry out; and\nthe basis for working out payment for the body corporate manager’s or service contractor’s services; and\nA body corporate manager’s payment could be calculated on the basis of an amount per lot.\nA body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\nfor an engagement of a body corporate manager—any powers of the secretary or treasurer the body corporate manager is authorised to exercise.\nThe engagement must not be in the form of a by-law.\n(sec.67-ssec.1) The engagement of a person as a body corporate manager or service contractor is void if the engagement does not comply with the requirements stated in subsection (2) .\n(sec.67-ssec.2) The engagement must be in writing and state— the term of the engagement, including— when the term begins and when it ends; and the term of any right or option of extension or renewal of the engagement; and the functions the body corporate manager or service contractor is required or authorised to carry out; and the basis for working out payment for the body corporate manager’s or service contractor’s services; and A body corporate manager’s payment could be calculated on the basis of an amount per lot. A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings. for an engagement of a body corporate manager—any powers of the secretary or treasurer the body corporate manager is authorised to exercise.\n(sec.67-ssec.3) The engagement must not be in the form of a by-law.\n- (a) the term of the engagement, including— (i) when the term begins and when it ends; and (ii) the term of any right or option of extension or renewal of the engagement; and\n- (i) when the term begins and when it ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- (b) the functions the body corporate manager or service contractor is required or authorised to carry out; and\n- (c) the basis for working out payment for the body corporate manager’s or service contractor’s services; and Examples— 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot. 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\n- 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot.\n- 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\n- (d) for an engagement of a body corporate manager—any powers of the secretary or treasurer the body corporate manager is authorised to exercise.\n- (i) when the term begins and when it ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot.\n- 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Term of engagement of body corporate manager [ SM, s 139 ]","content":"### sec.68 Term of engagement of body corporate manager [ SM, s 139 ]\n\nThe term provided for in the engagement of a person as a body corporate manager, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year.\nThe engagement of a body corporate manager begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.\nIf the term purports to be longer than 1 year, it is taken to be 1 year.\nTo remove any doubt, it is declared that at the end of the term—\nthe engagement expires; and\nthe person can not act again as the body corporate manager without a new engagement.\n(sec.68-ssec.1) The term provided for in the engagement of a person as a body corporate manager, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year. The engagement of a body corporate manager begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.\n(sec.68-ssec.2) If the term purports to be longer than 1 year, it is taken to be 1 year.\n(sec.68-ssec.3) To remove any doubt, it is declared that at the end of the term— the engagement expires; and the person can not act again as the body corporate manager without a new engagement.\n- (a) the engagement expires; and\n- (b) the person can not act again as the body corporate manager without a new engagement.","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Term of engagement of service contractor [ SM, s 140 ]","content":"### sec.69 Term of engagement of service contractor [ SM, s 140 ]\n\nThe term of the engagement of a person as a service contractor, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year.\nThe engagement of a service contractor begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.\nIf the term purports to be longer than 1 year, it is taken to be 1 year.\nTo remove any doubt, it is declared that at the end of the term—\nthe engagement expires; and\nthe person can not act again as a service contractor without a new engagement.\n(sec.69-ssec.1) The term of the engagement of a person as a service contractor, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 1 year. The engagement of a service contractor begins on 1 January 2020 and is for a term of 1 year. The engagement can not end later than 31 December 2020.\n(sec.69-ssec.2) If the term purports to be longer than 1 year, it is taken to be 1 year.\n(sec.69-ssec.3) To remove any doubt, it is declared that at the end of the term— the engagement expires; and the person can not act again as a service contractor without a new engagement.\n- (a) the engagement expires; and\n- (b) the person can not act again as a service contractor without a new engagement.","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Commencement of term of engagement [ SM, s 142 ]","content":"### sec.70 Commencement of term of engagement [ SM, s 142 ]\n\nThis section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor.\nThe resolution is of no effect if the term of the engagement does not start within 12 months after the passing of the resolution.\n(sec.70-ssec.1) This section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor.\n(sec.70-ssec.2) The resolution is of no effect if the term of the engagement does not start within 12 months after the passing of the resolution.","sortOrder":91},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Termination of engagements","content":"# Termination of engagements","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"Purpose of part [ SM, s 149 ]","content":"### sec.71 Purpose of part [ SM, s 149 ]\n\nThis part provides for—\nthe grounds on which the body corporate may terminate a person’s engagement as a body corporate manager or service contractor; and\nthe steps the body corporate must follow to terminate the engagement.\n- (a) the grounds on which the body corporate may terminate a person’s engagement as a body corporate manager or service contractor; and\n- (b) the steps the body corporate must follow to terminate the engagement.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Termination under the Act , by agreement etc. [ SM, s 150 ]","content":"### sec.72 Termination under the Act , by agreement etc. [ SM, s 150 ]\n\nThe body corporate may terminate a person’s engagement as a body corporate manager or service contractor—\nunder the Act ; or\nby agreement; or\nunder the engagement.\nThe body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n(sec.72-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor— under the Act ; or by agreement; or under the engagement.\n(sec.72-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n- (a) under the Act ; or\n- (b) by agreement; or\n- (c) under the engagement.","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Termination for conviction of particular offences etc. [ SM, s 151 ]","content":"### sec.73 Termination for conviction of particular offences etc. [ SM, s 151 ]\n\nThe body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation—\nis convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or\nis convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or\ncarries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or\ntransfers an interest in the engagement without the body corporate’s approval.\nThe body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n(sec.73-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation— is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or transfers an interest in the engagement without the body corporate’s approval.\n(sec.73-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n- (a) is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or\n- (b) is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or\n- (c) carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or\n- (d) transfers an interest in the engagement without the body corporate’s approval.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Termination for failure to comply with remedial action notice [ SM, s 152 ]","content":"### sec.74 Termination for failure to comply with remedial action notice [ SM, s 152 ]\n\nThe body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation—\nengages in misconduct, or is grossly negligent, in carrying out functions required under the engagement; or\nfails to carry out duties under the engagement; or\nfails to comply with section 75 (2) , 76 (2) or 77 (2) ; or\nfor a body corporate manager—\ncommits an offence under section 87 (2) ; or\ncontravenes the code of conduct for body corporate managers and caretaking service contractors; or\nif the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 28 .\nThe body corporate may act under subsection (1) only if—\nthe body corporate has given the person a remedial action notice under subsection (3) ; and\nthe person fails to comply with the remedial action notice within the period stated in the notice; and\nthe termination is approved by ordinary resolution of the body corporate.\nFor subsection (2) , a remedial action notice is a written notice stating each of the following—\nthat the body corporate believes the person has acted in a way mentioned in subsection (1) (a) to (d) ;\ndetails of the action sufficient to identify—\nthe misconduct or gross negligence the body corporate believes has happened; or\nthe duties the body corporate believes have not been carried out; or\nthe provision of the code of conduct or this regulation the body corporate believes has been contravened;\nthat the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person—\nremedy the misconduct or gross negligence; or\ncarry out the duties; or\nremedy the contravention;\nthat if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.\nDespite subsection (2) (a) , if the person is a body corporate manager acting under a chapter 3 , part 5 engagement, the owners of at least one-half of the lots included in the community titles scheme may, on behalf of the body corporate, give the person a remedial action notice.\n(sec.74-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor if the person, including, if the person is a corporation, a director of the corporation— engages in misconduct, or is grossly negligent, in carrying out functions required under the engagement; or fails to carry out duties under the engagement; or fails to comply with section 75 (2) , 76 (2) or 77 (2) ; or for a body corporate manager— commits an offence under section 87 (2) ; or contravenes the code of conduct for body corporate managers and caretaking service contractors; or if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 28 .\n(sec.74-ssec.2) The body corporate may act under subsection (1) only if— the body corporate has given the person a remedial action notice under subsection (3) ; and the person fails to comply with the remedial action notice within the period stated in the notice; and the termination is approved by ordinary resolution of the body corporate.\n(sec.74-ssec.3) For subsection (2) , a remedial action notice is a written notice stating each of the following— that the body corporate believes the person has acted in a way mentioned in subsection (1) (a) to (d) ; details of the action sufficient to identify— the misconduct or gross negligence the body corporate believes has happened; or the duties the body corporate believes have not been carried out; or the provision of the code of conduct or this regulation the body corporate believes has been contravened; that the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person— remedy the misconduct or gross negligence; or carry out the duties; or remedy the contravention; that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.\n(sec.74-ssec.4) Despite subsection (2) (a) , if the person is a body corporate manager acting under a chapter 3 , part 5 engagement, the owners of at least one-half of the lots included in the community titles scheme may, on behalf of the body corporate, give the person a remedial action notice.\n- (a) engages in misconduct, or is grossly negligent, in carrying out functions required under the engagement; or\n- (b) fails to carry out duties under the engagement; or\n- (c) fails to comply with section 75 (2) , 76 (2) or 77 (2) ; or\n- (d) for a body corporate manager— (i) commits an offence under section 87 (2) ; or (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors; or (iii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 28 .\n- (i) commits an offence under section 87 (2) ; or\n- (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors; or\n- (iii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 28 .\n- (i) commits an offence under section 87 (2) ; or\n- (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors; or\n- (iii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 28 .\n- (a) the body corporate has given the person a remedial action notice under subsection (3) ; and\n- (b) the person fails to comply with the remedial action notice within the period stated in the notice; and\n- (c) the termination is approved by ordinary resolution of the body corporate.\n- (a) that the body corporate believes the person has acted in a way mentioned in subsection (1) (a) to (d) ;\n- (b) details of the action sufficient to identify— (i) the misconduct or gross negligence the body corporate believes has happened; or (ii) the duties the body corporate believes have not been carried out; or (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (c) that the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person— (i) remedy the misconduct or gross negligence; or (ii) carry out the duties; or (iii) remedy the contravention;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;\n- (d) that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;","sortOrder":96},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Disclosure requirements","content":"# Disclosure requirements","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Associate supplying goods or services [ SM, s 154 ]","content":"### sec.75 Associate supplying goods or services [ SM, s 154 ]\n\nThis section applies if—\nthe body corporate is considering entering into, or proposes to enter into, a contract; and\nthe contract is for the supply of goods or services from a person (the provider ); and\nthe provider is an associate of a body corporate manager; and\nthe body corporate manager is aware of the matters mentioned in paragraphs (a) to (c) .\nBefore the body corporate makes its decision to enter into the contract, the body corporate manager must give written notice to the body corporate disclosing the relationship between the body corporate manager and the provider.\nMaximum penalty—20 penalty units.\nUnder section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n(sec.75-ssec.1) This section applies if— the body corporate is considering entering into, or proposes to enter into, a contract; and the contract is for the supply of goods or services from a person (the provider ); and the provider is an associate of a body corporate manager; and the body corporate manager is aware of the matters mentioned in paragraphs (a) to (c) .\n(sec.75-ssec.2) Before the body corporate makes its decision to enter into the contract, the body corporate manager must give written notice to the body corporate disclosing the relationship between the body corporate manager and the provider. Maximum penalty—20 penalty units.\n- (a) the body corporate is considering entering into, or proposes to enter into, a contract; and\n- (b) the contract is for the supply of goods or services from a person (the provider ); and\n- (c) the provider is an associate of a body corporate manager; and\n- (d) the body corporate manager is aware of the matters mentioned in paragraphs (a) to (c) .","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Disclosure of associate contract [ SM, s 155 ]","content":"### sec.76 Disclosure of associate contract [ SM, s 155 ]\n\nThis section applies if—\nthe body corporate is a party to a contract; and\nthe contract is for the supply of goods or services from a person (the provider ); and\nthe provider is an associate of a body corporate manager; and\nthe body corporate manager is aware of the matters mentioned in paragraphs (a) , (b) and (c) ; and\nto the knowledge of the body corporate manager, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the body corporate manager.\nThe body corporate manager must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate—\nidentifying the contract; and\ndisclosing the relationship between the body corporate manager and the provider.\nMaximum penalty—20 penalty units.\n(sec.76-ssec.1) This section applies if— the body corporate is a party to a contract; and the contract is for the supply of goods or services from a person (the provider ); and the provider is an associate of a body corporate manager; and the body corporate manager is aware of the matters mentioned in paragraphs (a) , (b) and (c) ; and to the knowledge of the body corporate manager, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the body corporate manager.\n(sec.76-ssec.2) The body corporate manager must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate— identifying the contract; and disclosing the relationship between the body corporate manager and the provider. Maximum penalty—20 penalty units.\n- (a) the body corporate is a party to a contract; and\n- (b) the contract is for the supply of goods or services from a person (the provider ); and\n- (c) the provider is an associate of a body corporate manager; and\n- (d) the body corporate manager is aware of the matters mentioned in paragraphs (a) , (b) and (c) ; and\n- (e) to the knowledge of the body corporate manager, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the body corporate manager.\n- (a) identifying the contract; and\n- (b) disclosing the relationship between the body corporate manager and the provider.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Disclosure of commission, payment or other benefit [ SM, s 156 ]","content":"### sec.77 Disclosure of commission, payment or other benefit [ SM, s 156 ]\n\nThis section applies if—\nthe body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and\nthe main contract is for the supply of goods or services from a person; and\nunder the main contract, or under another contract or arrangement, a body corporate manager is entitled to receive, other than from the body corporate, a commission, payment or other benefit that is associated with the main contract, including with entering into the main contract.\na commission received by a body corporate manager from an insurance company\na commission received by a body corporate manager from a financial institution for banking or other business\nBefore the body corporate makes its decision to enter into the main contract, the body corporate manager must give written notice to the body corporate disclosing—\nthe commission, payment or other benefit; and\nto the extent the commission, payment or other benefit is monetary—the monetary amount the body corporate manager is entitled to receive.\nMaximum penalty—20 penalty units.\nUnder section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n(sec.77-ssec.1) This section applies if— the body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and the main contract is for the supply of goods or services from a person; and under the main contract, or under another contract or arrangement, a body corporate manager is entitled to receive, other than from the body corporate, a commission, payment or other benefit that is associated with the main contract, including with entering into the main contract. a commission received by a body corporate manager from an insurance company a commission received by a body corporate manager from a financial institution for banking or other business\n(sec.77-ssec.2) Before the body corporate makes its decision to enter into the main contract, the body corporate manager must give written notice to the body corporate disclosing— the commission, payment or other benefit; and to the extent the commission, payment or other benefit is monetary—the monetary amount the body corporate manager is entitled to receive. Maximum penalty—20 penalty units. Under section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n- (a) the body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and\n- (b) the main contract is for the supply of goods or services from a person; and\n- (c) under the main contract, or under another contract or arrangement, a body corporate manager is entitled to receive, other than from the body corporate, a commission, payment or other benefit that is associated with the main contract, including with entering into the main contract. Examples of commission— 1 a commission received by a body corporate manager from an insurance company 2 a commission received by a body corporate manager from a financial institution for banking or other business\n- 1 a commission received by a body corporate manager from an insurance company\n- 2 a commission received by a body corporate manager from a financial institution for banking or other business\n- 1 a commission received by a body corporate manager from an insurance company\n- 2 a commission received by a body corporate manager from a financial institution for banking or other business\n- (a) the commission, payment or other benefit; and\n- (b) to the extent the commission, payment or other benefit is monetary—the monetary amount the body corporate manager is entitled to receive.","sortOrder":100},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Purpose of chapter [ SM, s 159 ]","content":"### sec.78 Purpose of chapter [ SM, s 159 ]\n\nThe purpose of this chapter is to prescribe the financial management arrangements that apply to the body corporate for a community titles scheme.","sortOrder":102},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Budgets","content":"# Budgets","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":"Budgets [ SM, s 160 ]","content":"### sec.79 Budgets [ SM, s 160 ]\n\nThe body corporate must, by ordinary resolution, adopt the following 2 budgets for each financial year—\nthe administrative fund budget;\nthe sinking fund budget.\nSee section 86 .\nThe administrative fund budget must—\ncontain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover—\nthe cost of maintaining common property and body corporate assets; and\nthe cost of insurance; and\nother expenditure of a recurrent nature; and\nfix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\nThe sinking fund budget must—\nallow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to—\nanticipated expenditure of a capital or non-recurrent nature; and\nthe periodic replacement of items of a major capital nature; and\nother expenditure that should reasonably be met from capital; and\nfix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) .\nPainting of the common property is anticipated to be necessary in 3 years time at a cost currently estimated at $12,000. The contribution amount for the sinking fund in the budget for the financial year must therefore include the annual proportional share for painting of $4,000. Next year, the estimated cost has increased to $12,400 and so the second year levy will be $4,200. The estimated cost in the third year is $12,800, so with the $8,200 accumulated, a levy of $4,600 is necessary to meet the cost.\nIf the scheme is a lot included in another community titles scheme, the administrative fund budget must also include an estimate of the total amount the body corporate may reasonably be expected to contribute to the administrative and sinking funds for the other scheme, and any other fund provided for in the regulation module applying to the other scheme.\nThe original owner must prepare proposed budgets for adoption by the body corporate at its first annual general meeting, and the treasurer must prepare proposed budgets for adoption by the body corporate at each later annual general meeting.\nCopies of the proposed budgets must accompany the notice of an annual general meeting.\nTo remove any doubt, it is declared that the inclusion of an item of expenditure in a budget adopted by the body corporate is not, of itself, authority for the expenditure.\n(sec.79-ssec.1) The body corporate must, by ordinary resolution, adopt the following 2 budgets for each financial year— the administrative fund budget; the sinking fund budget. See section 86 .\n(sec.79-ssec.2) The administrative fund budget must— contain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover— the cost of maintaining common property and body corporate assets; and the cost of insurance; and other expenditure of a recurrent nature; and fix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\n(sec.79-ssec.3) The sinking fund budget must— allow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to— anticipated expenditure of a capital or non-recurrent nature; and the periodic replacement of items of a major capital nature; and other expenditure that should reasonably be met from capital; and fix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) . Painting of the common property is anticipated to be necessary in 3 years time at a cost currently estimated at $12,000. The contribution amount for the sinking fund in the budget for the financial year must therefore include the annual proportional share for painting of $4,000. Next year, the estimated cost has increased to $12,400 and so the second year levy will be $4,200. The estimated cost in the third year is $12,800, so with the $8,200 accumulated, a levy of $4,600 is necessary to meet the cost.\n(sec.79-ssec.4) If the scheme is a lot included in another community titles scheme, the administrative fund budget must also include an estimate of the total amount the body corporate may reasonably be expected to contribute to the administrative and sinking funds for the other scheme, and any other fund provided for in the regulation module applying to the other scheme.\n(sec.79-ssec.5) The original owner must prepare proposed budgets for adoption by the body corporate at its first annual general meeting, and the treasurer must prepare proposed budgets for adoption by the body corporate at each later annual general meeting.\n(sec.79-ssec.6) Copies of the proposed budgets must accompany the notice of an annual general meeting.\n(sec.79-ssec.7) To remove any doubt, it is declared that the inclusion of an item of expenditure in a budget adopted by the body corporate is not, of itself, authority for the expenditure.\n- (a) the administrative fund budget;\n- (b) the sinking fund budget.\n- (a) contain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover— (i) the cost of maintaining common property and body corporate assets; and (ii) the cost of insurance; and (iii) other expenditure of a recurrent nature; and\n- (i) the cost of maintaining common property and body corporate assets; and\n- (ii) the cost of insurance; and\n- (iii) other expenditure of a recurrent nature; and\n- (b) fix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\n- (i) the cost of maintaining common property and body corporate assets; and\n- (ii) the cost of insurance; and\n- (iii) other expenditure of a recurrent nature; and\n- (a) allow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to— (i) anticipated expenditure of a capital or non-recurrent nature; and (ii) the periodic replacement of items of a major capital nature; and (iii) other expenditure that should reasonably be met from capital; and\n- (i) anticipated expenditure of a capital or non-recurrent nature; and\n- (ii) the periodic replacement of items of a major capital nature; and\n- (iii) other expenditure that should reasonably be met from capital; and\n- (b) fix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) .\n- (i) anticipated expenditure of a capital or non-recurrent nature; and\n- (ii) the periodic replacement of items of a major capital nature; and\n- (iii) other expenditure that should reasonably be met from capital; and","sortOrder":104},{"sectionNumber":"sec.80","sectionType":"section","heading":"Adjusting proposed budgets at annual general meeting [ SM, s 161 ]","content":"### sec.80 Adjusting proposed budgets at annual general meeting [ SM, s 161 ]\n\nThe amount of an administrative or sinking fund budget adopted by a body corporate at an annual general meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.\nA proposed administrative fund budget is $5,000. The administrative fund budget adopted by the body corporate at the annual general meeting may be between $4,500 and $5,500.\nHowever, the amount of a proposed budget may be adjusted only to provide for spending, or remove amounts included in the proposed budget for spending, from the fund for the financial year if—\nthe motion to approve the spending is stated in the agenda for the meeting; and\neither—\nthe spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\nthe spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\nThe adjustment must be approved by a majority of voters present and entitled to vote on the adjustment.\nIf the amount of a proposed budget is adjusted under this section—\nthe proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and\nit is not necessary to amend the motion stated in the agenda for the fixing of contributions to incorporate the adjustment; and\na copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 56 (2) .\nIn this section—\nproposed budget amount means the amount of a proposed administrative or sinking fund budget accompanying the notice of an annual general meeting of a body corporate.\n(sec.80-ssec.1) The amount of an administrative or sinking fund budget adopted by a body corporate at an annual general meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount. A proposed administrative fund budget is $5,000. The administrative fund budget adopted by the body corporate at the annual general meeting may be between $4,500 and $5,500.\n(sec.80-ssec.2) However, the amount of a proposed budget may be adjusted only to provide for spending, or remove amounts included in the proposed budget for spending, from the fund for the financial year if— the motion to approve the spending is stated in the agenda for the meeting; and either— the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n(sec.80-ssec.3) The adjustment must be approved by a majority of voters present and entitled to vote on the adjustment.\n(sec.80-ssec.4) If the amount of a proposed budget is adjusted under this section— the proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and it is not necessary to amend the motion stated in the agenda for the fixing of contributions to incorporate the adjustment; and a copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 56 (2) .\n(sec.80-ssec.5) In this section— proposed budget amount means the amount of a proposed administrative or sinking fund budget accompanying the notice of an annual general meeting of a body corporate.\n- (a) the motion to approve the spending is stated in the agenda for the meeting; and\n- (b) either— (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\n- (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\n- (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (a) the proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and\n- (b) it is not necessary to amend the motion stated in the agenda for the fixing of contributions to incorporate the adjustment; and\n- (c) a copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 56 (2) .","sortOrder":105},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Contributions levied by body corporate","content":"# Contributions levied by body corporate","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Contributions to be levied on owners [ SM, s 162 ]","content":"### sec.81 Contributions to be levied on owners [ SM, s 162 ]\n\nThe body corporate must, by ordinary resolution—\nfix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and\ndecide the number of instalments in which the contributions are to be paid; and\nfix the date on or before which payment of each instalment is required.\nIf a liability arises for which no provision, or inadequate provision, has been made in the budget, the body corporate must, by ordinary resolution—\nfix a special contribution to be levied on the owner of each lot towards the liability; and\ndecide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and\nfix the date on or before which payment of the single amount or each instalment is required.\nThe contributions levied on the owner of each lot, other than contributions payable for insurance and any other matter for which, under the Act or this regulation, the liability attaching to each lot is calculated other than on the basis of the lot’s contribution schedule lot entitlement, must be proportionate to the contribution schedule lot entitlement of the lot.\nFor examples of other matters for subsection (3) , see sections 116 , 119 , 120 and 121 .\n(sec.81-ssec.1) The body corporate must, by ordinary resolution— fix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and decide the number of instalments in which the contributions are to be paid; and fix the date on or before which payment of each instalment is required.\n(sec.81-ssec.2) If a liability arises for which no provision, or inadequate provision, has been made in the budget, the body corporate must, by ordinary resolution— fix a special contribution to be levied on the owner of each lot towards the liability; and decide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and fix the date on or before which payment of the single amount or each instalment is required.\n(sec.81-ssec.3) The contributions levied on the owner of each lot, other than contributions payable for insurance and any other matter for which, under the Act or this regulation, the liability attaching to each lot is calculated other than on the basis of the lot’s contribution schedule lot entitlement, must be proportionate to the contribution schedule lot entitlement of the lot. For examples of other matters for subsection (3) , see sections 116 , 119 , 120 and 121 .\n- (a) fix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and\n- (b) decide the number of instalments in which the contributions are to be paid; and\n- (c) fix the date on or before which payment of each instalment is required.\n- (a) fix a special contribution to be levied on the owner of each lot towards the liability; and\n- (b) decide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and\n- (c) fix the date on or before which payment of the single amount or each instalment is required.","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Notice of contribution payable [ SM, s 163 ]","content":"### sec.82 Notice of contribution payable [ SM, s 163 ]\n\nAt least 30 days before the payment of a contribution, or an instalment of a contribution, is required, the body corporate must give the owner of each lot written notice of—\nthe total amount of the contribution levied on the owner; and\nthe amount of the contribution, or the instalment of a contribution, for which payment is currently required; and\nthe date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and\nany discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and\nany penalty to which the owner is liable for each month payment is in arrears; and\nif the owner is in arrears in payment of a contribution or penalty—the arrears.\nThe written notice under subsection (1) may also include notice about an amount payable by an owner of a lot to the body corporate for—\na specially contracted service enjoyed by the owner; or\nan exclusive use or special right over common property enjoyed by the owner.\nAlso, a written notice under this section must be given to an owner of a lot—\nif the owner has directed the body corporate as to how the notice is to be served—in the way directed by the owner; or\notherwise—under section 137 .\n(sec.82-ssec.1) At least 30 days before the payment of a contribution, or an instalment of a contribution, is required, the body corporate must give the owner of each lot written notice of— the total amount of the contribution levied on the owner; and the amount of the contribution, or the instalment of a contribution, for which payment is currently required; and the date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and any discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and any penalty to which the owner is liable for each month payment is in arrears; and if the owner is in arrears in payment of a contribution or penalty—the arrears.\n(sec.82-ssec.2) The written notice under subsection (1) may also include notice about an amount payable by an owner of a lot to the body corporate for— a specially contracted service enjoyed by the owner; or an exclusive use or special right over common property enjoyed by the owner.\n(sec.82-ssec.3) Also, a written notice under this section must be given to an owner of a lot— if the owner has directed the body corporate as to how the notice is to be served—in the way directed by the owner; or otherwise—under section 137 .\n- (a) the total amount of the contribution levied on the owner; and\n- (b) the amount of the contribution, or the instalment of a contribution, for which payment is currently required; and\n- (c) the date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and\n- (d) any discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and\n- (e) any penalty to which the owner is liable for each month payment is in arrears; and\n- (f) if the owner is in arrears in payment of a contribution or penalty—the arrears.\n- (a) a specially contracted service enjoyed by the owner; or\n- (b) an exclusive use or special right over common property enjoyed by the owner.\n- (a) if the owner has directed the body corporate as to how the notice is to be served—in the way directed by the owner; or\n- (b) otherwise—under section 137 .","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Discounts for timely payment [ SM, s 164 ]","content":"### sec.83 Discounts for timely payment [ SM, s 164 ]\n\nThe body corporate may, by ordinary resolution, fix a discount to be given to owners of lots if a contribution, or an instalment of a contribution, is received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\nThe discount can not be more than 20% of the amount to be paid.\nSuppose that—\na contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and\nan account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and\nthe instalment is paid on 25 March.\nIn this case, the owner is entitled to a discount of $2.50 on the instalment.\n(sec.83-ssec.1) The body corporate may, by ordinary resolution, fix a discount to be given to owners of lots if a contribution, or an instalment of a contribution, is received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\n(sec.83-ssec.2) The discount can not be more than 20% of the amount to be paid. Suppose that— a contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and an account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and the instalment is paid on 25 March. In this case, the owner is entitled to a discount of $2.50 on the instalment.\n- 1 a contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and\n- 2 an account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and\n- 3 the instalment is paid on 25 March.","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Penalties for late payment [ SM, s 165 ]","content":"### sec.84 Penalties for late payment [ SM, s 165 ]\n\nThe body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\nThe penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears.\nSuppose that—\na contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and\nan account requiring payment of an instalment of $100 by 31 March is given to the owner of a lot; and\nthe instalment is not paid until 27 June.\nIn this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.\n(sec.84-ssec.1) The body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\n(sec.84-ssec.2) The penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears. Suppose that— a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and an account requiring payment of an instalment of $100 by 31 March is given to the owner of a lot; and the instalment is not paid until 27 June. In this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.\n- 1 a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and\n- 2 an account requiring payment of an instalment of $100 by 31 March is given to the owner of a lot; and\n- 3 the instalment is not paid until 27 June.","sortOrder":110},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Payment and enforcement of body corporate debts","content":"# Payment and enforcement of body corporate debts","sortOrder":111},{"sectionNumber":"sec.85","sectionType":"section","heading":"Payment and recovery of body corporate debts [ SM, s 166 ]","content":"### sec.85 Payment and recovery of body corporate debts [ SM, s 166 ]\n\nIf a contribution or an instalment of a contribution is not paid by the date for payment, the body corporate may recover each of the following amounts as a debt—\nthe amount of the contribution or instalment;\nany penalty for not paying the contribution or instalment;\nany costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\nIf the amount of a contribution or an instalment of a contribution has been outstanding for 2 years, the body corporate must, within 2 months after the end of the 2-year period, start proceedings to recover the amount.\nA liability to pay a body corporate debt in relation to a lot is enforceable jointly and severally against each of the following persons—\na person who was the owner of the lot when the debt became payable;\na person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\nIf there are 2 or more co-owners of a lot, the co-owners are jointly and severally liable to pay a body corporate debt in relation to the lot.\nIf an owner is liable for a contribution or instalment of a contribution, and a penalty, an amount paid by the owner must be paid—\nfirst, towards the penalty; and\nsecond, in reduction of the outstanding contribution or instalment; and\nthird, towards any recovery costs for the debt.\nIf the body corporate is satisfied there are special reasons for allowing a discount of a contribution, or waiving a penalty or liability for recovery costs, the body corporate may allow the discount, or waive the penalty or costs in whole or part.\n(sec.85-ssec.1) If a contribution or an instalment of a contribution is not paid by the date for payment, the body corporate may recover each of the following amounts as a debt— the amount of the contribution or instalment; any penalty for not paying the contribution or instalment; any costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\n(sec.85-ssec.2) If the amount of a contribution or an instalment of a contribution has been outstanding for 2 years, the body corporate must, within 2 months after the end of the 2-year period, start proceedings to recover the amount.\n(sec.85-ssec.3) A liability to pay a body corporate debt in relation to a lot is enforceable jointly and severally against each of the following persons— a person who was the owner of the lot when the debt became payable; a person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\n(sec.85-ssec.4) If there are 2 or more co-owners of a lot, the co-owners are jointly and severally liable to pay a body corporate debt in relation to the lot.\n(sec.85-ssec.5) If an owner is liable for a contribution or instalment of a contribution, and a penalty, an amount paid by the owner must be paid— first, towards the penalty; and second, in reduction of the outstanding contribution or instalment; and third, towards any recovery costs for the debt.\n(sec.85-ssec.6) If the body corporate is satisfied there are special reasons for allowing a discount of a contribution, or waiving a penalty or liability for recovery costs, the body corporate may allow the discount, or waive the penalty or costs in whole or part.\n- (a) the amount of the contribution or instalment;\n- (b) any penalty for not paying the contribution or instalment;\n- (c) any costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\n- (a) a person who was the owner of the lot when the debt became payable;\n- (b) a person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\n- (a) first, towards the penalty; and\n- (b) second, in reduction of the outstanding contribution or instalment; and\n- (c) third, towards any recovery costs for the debt.","sortOrder":112},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Administrative and sinking funds","content":"# Administrative and sinking funds","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"Administrative and sinking funds [ SM, s 167 ]","content":"### sec.86 Administrative and sinking funds [ SM, s 167 ]\n\nThe body corporate must establish and keep an administrative fund and a sinking fund.\nThe body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.\nThe body corporate must pay into its sinking fund—\nthe amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and\namounts received under policies of insurance for destruction of items of a major capital nature; and\ninterest from investment of the sinking fund.\nThe administrative and sinking funds may be invested in the way a trustee may invest trust funds.\nAll amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.\nAll payments from the administrative or sinking fund must be made from the account or accounts.\nFunds must not be transferred between the administrative fund and the sinking fund.\nAll payments from the administrative or sinking fund may be made only on receipt of—\na written request for payment; or\nwritten evidence of payment, including, for example, a receipt.\n(sec.86-ssec.1) The body corporate must establish and keep an administrative fund and a sinking fund.\n(sec.86-ssec.2) The body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.\n(sec.86-ssec.3) The body corporate must pay into its sinking fund— the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and amounts received under policies of insurance for destruction of items of a major capital nature; and interest from investment of the sinking fund.\n(sec.86-ssec.4) The administrative and sinking funds may be invested in the way a trustee may invest trust funds.\n(sec.86-ssec.5) All amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.\n(sec.86-ssec.6) All payments from the administrative or sinking fund must be made from the account or accounts.\n(sec.86-ssec.7) Funds must not be transferred between the administrative fund and the sinking fund.\n(sec.86-ssec.8) All payments from the administrative or sinking fund may be made only on receipt of— a written request for payment; or written evidence of payment, including, for example, a receipt.\n- (a) the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and\n- (b) amounts received under policies of insurance for destruction of items of a major capital nature; and\n- (c) interest from investment of the sinking fund.\n- (a) a written request for payment; or\n- (b) written evidence of payment, including, for example, a receipt.","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Administration of administrative or sinking fund by body corporate manager [ SM, s 168 ]","content":"### sec.87 Administration of administrative or sinking fund by body corporate manager [ SM, s 168 ]\n\nThis section applies if a body corporate manager administers the body corporate’s administrative or sinking fund under—\nan authorisation given by the body corporate under section 119 (2) of the Act ; or\na chapter 3 , part 5 engagement.\nA body corporate manager who does not comply with section 86  in administering the fund commits an offence.\nMaximum penalty—20 penalty units.\nAn invoice of the body corporate manager for services provided to the body corporate by the body corporate manager in administering the fund must not include services provided by another person.\nservices provided by an insurance broker or service contractor\nThe body corporate manager must, not later than 30 days after the following day (the termination day ), give to the body corporate the financial records stated in subsection (5) —\nthe day the authorisation under section 119 (2) of the Act is revoked;\nthe day the chapter 3 , part 5 engagement ends.\nMaximum penalty—20 penalty units.\nFor subsection (4) , the financial records are each of the following—\nif required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager;\nan income and expenditure statement for the fund for the financial year in which the termination day falls;\na list of all amounts owing to, and payable from, the fund as at the termination day;\na reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day;\ndetails of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution;\na record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls;\nany other financial record for the fund held by the body corporate manager on the termination day.\nfinancial institution deposit books\nHowever, subsection (4) does not apply to a financial record if, before the 30-day period ends, the body corporate manager is served with a notice under section 150 for the record.\n(sec.87-ssec.1) This section applies if a body corporate manager administers the body corporate’s administrative or sinking fund under— an authorisation given by the body corporate under section 119 (2) of the Act ; or a chapter 3 , part 5 engagement.\n(sec.87-ssec.2) A body corporate manager who does not comply with section 86  in administering the fund commits an offence. Maximum penalty—20 penalty units.\n(sec.87-ssec.3) An invoice of the body corporate manager for services provided to the body corporate by the body corporate manager in administering the fund must not include services provided by another person. services provided by an insurance broker or service contractor\n(sec.87-ssec.4) The body corporate manager must, not later than 30 days after the following day (the termination day ), give to the body corporate the financial records stated in subsection (5) — the day the authorisation under section 119 (2) of the Act is revoked; the day the chapter 3 , part 5 engagement ends. Maximum penalty—20 penalty units.\n(sec.87-ssec.5) For subsection (4) , the financial records are each of the following— if required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager; an income and expenditure statement for the fund for the financial year in which the termination day falls; a list of all amounts owing to, and payable from, the fund as at the termination day; a reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day; details of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution; a record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls; any other financial record for the fund held by the body corporate manager on the termination day. financial institution deposit books\n(sec.87-ssec.6) However, subsection (4) does not apply to a financial record if, before the 30-day period ends, the body corporate manager is served with a notice under section 150 for the record.\n- (a) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (b) a chapter 3 , part 5 engagement.\n- (a) the day the authorisation under section 119 (2) of the Act is revoked;\n- (b) the day the chapter 3 , part 5 engagement ends.\n- (a) if required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager;\n- (b) an income and expenditure statement for the fund for the financial year in which the termination day falls;\n- (c) a list of all amounts owing to, and payable from, the fund as at the termination day;\n- (d) a reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day;\n- (e) details of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution;\n- (f) a record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls;\n- (g) any other financial record for the fund held by the body corporate manager on the termination day. Example of other financial records— financial institution deposit books","sortOrder":115},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of administrative and sinking funds [ SM, s 169 ]","content":"### sec.88 Application of administrative and sinking funds [ SM, s 169 ]\n\nThe sinking fund may be applied towards—\nspending of a capital or non-recurrent nature; and\nthe periodic replacement of major items of a capital nature; and\nother spending that should reasonably be met from capital.\nAll other spending of the body corporate must be met from the administrative fund.\nThe cost of repainting the common property or replacing air- conditioning plant would be paid from the sinking fund.\nThe cost of insurance would be paid from the administrative fund.\n(sec.88-ssec.1) The sinking fund may be applied towards— spending of a capital or non-recurrent nature; and the periodic replacement of major items of a capital nature; and other spending that should reasonably be met from capital.\n(sec.88-ssec.2) All other spending of the body corporate must be met from the administrative fund. The cost of repainting the common property or replacing air- conditioning plant would be paid from the sinking fund. The cost of insurance would be paid from the administrative fund.\n- (a) spending of a capital or non-recurrent nature; and\n- (b) the periodic replacement of major items of a capital nature; and\n- (c) other spending that should reasonably be met from capital.\n- 1 The cost of repainting the common property or replacing air- conditioning plant would be paid from the sinking fund.\n- 2 The cost of insurance would be paid from the administrative fund.","sortOrder":116},{"sectionNumber":"sec.89","sectionType":"section","heading":"Reconciliation statements [ SM, s 170 ]","content":"### sec.89 Reconciliation statements [ SM, s 170 ]\n\nThis section applies if—\na body corporate manager administers the body corporate’s administrative or sinking fund under—\nan authorisation given by the body corporate under section 119 (2) of the Act ; or\na chapter 3 , part 5 engagement; or\nthe body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\nA statement (the reconciliation statement ) must be prepared, within 21 days after the last day of each month, for each account kept for the fund showing the reconciliation of—\na statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and\ninvoices and other documents showing payments into and from the account during the month.\nThe reconciliation statement must be prepared by—\nif the fund is administered by a body corporate manager—the body corporate manager; or\notherwise—the treasurer.\n(sec.89-ssec.1) This section applies if— a body corporate manager administers the body corporate’s administrative or sinking fund under— an authorisation given by the body corporate under section 119 (2) of the Act ; or a chapter 3 , part 5 engagement; or the body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\n(sec.89-ssec.2) A statement (the reconciliation statement ) must be prepared, within 21 days after the last day of each month, for each account kept for the fund showing the reconciliation of— a statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and invoices and other documents showing payments into and from the account during the month.\n(sec.89-ssec.3) The reconciliation statement must be prepared by— if the fund is administered by a body corporate manager—the body corporate manager; or otherwise—the treasurer.\n- (a) a body corporate manager administers the body corporate’s administrative or sinking fund under— (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or (ii) a chapter 3 , part 5 engagement; or\n- (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (ii) a chapter 3 , part 5 engagement; or\n- (b) the body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\n- (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (ii) a chapter 3 , part 5 engagement; or\n- (a) a statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and\n- (b) invoices and other documents showing payments into and from the account during the month.\n- (a) if the fund is administered by a body corporate manager—the body corporate manager; or\n- (b) otherwise—the treasurer.","sortOrder":117},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Borrowing","content":"# Borrowing","sortOrder":118},{"sectionNumber":"sec.90","sectionType":"section","heading":"Power to borrow [ SM, s 171 ]","content":"### sec.90 Power to borrow [ SM, s 171 ]\n\nThe body corporate may, by ordinary resolution, borrow amounts on security agreed between the body corporate and the person from whom the amounts are borrowed.\nThe body corporate must not at any time, without the authority of a resolution without dissent, be in debt for a borrowed amount greater than $3,000.\n(sec.90-ssec.1) The body corporate may, by ordinary resolution, borrow amounts on security agreed between the body corporate and the person from whom the amounts are borrowed.\n(sec.90-ssec.2) The body corporate must not at any time, without the authority of a resolution without dissent, be in debt for a borrowed amount greater than $3,000.","sortOrder":119},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Control of spending","content":"# Control of spending","sortOrder":120},{"sectionNumber":"sec.91","sectionType":"section","heading":"Spending by committee [ SM, s 172 ]","content":"### sec.91 Spending by committee [ SM, s 172 ]\n\nThe committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if—\nthe spending is specifically authorised by ordinary resolution of the body corporate; or\nthe owners of all lots included in the scheme have given written consent; or\nan adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or\nthe spending is necessary to comply with—\na statutory order or notice given to the body corporate; or\nan order of an adjudicator; or\na judgment or order of a court; or\nan order of QCAT; or\nboth of the following apply—\nthe committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\nthe decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee; or\nSee section 17 (1) (c) .\nthe spending is for the payment of an account of a routine, administrative nature.\nFor this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit.\nSection 92 applies to the proposal in addition to this section if—\nsubsection (1) (a) or (b) applies in relation to the proposal; and\nthe proposal involves spending above the relevant limit for major spending; and\nthe proposal does not involve spending mentioned in subsection (1) (c) , (d) or (e) .\nIn this section—\nrelevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .\n(sec.91-ssec.1) The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if— the spending is specifically authorised by ordinary resolution of the body corporate; or the owners of all lots included in the scheme have given written consent; or an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or the spending is necessary to comply with— a statutory order or notice given to the body corporate; or an order of an adjudicator; or a judgment or order of a court; or an order of QCAT; or both of the following apply— the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee; or See section 17 (1) (c) . the spending is for the payment of an account of a routine, administrative nature.\n(sec.91-ssec.2) For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit.\n(sec.91-ssec.3) Section 92 applies to the proposal in addition to this section if— subsection (1) (a) or (b) applies in relation to the proposal; and the proposal involves spending above the relevant limit for major spending; and the proposal does not involve spending mentioned in subsection (1) (c) , (d) or (e) .\n(sec.91-ssec.4) In this section— relevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .\n- (a) the spending is specifically authorised by ordinary resolution of the body corporate; or\n- (b) the owners of all lots included in the scheme have given written consent; or\n- (c) an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or\n- (d) the spending is necessary to comply with— (i) a statutory order or notice given to the body corporate; or (ii) an order of an adjudicator; or (iii) a judgment or order of a court; or (iv) an order of QCAT; or\n- (i) a statutory order or notice given to the body corporate; or\n- (ii) an order of an adjudicator; or\n- (iii) a judgment or order of a court; or\n- (iv) an order of QCAT; or\n- (e) both of the following apply— (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee; or Note— See section 17 (1) (c) .\n- (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\n- (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee; or Note— See section 17 (1) (c) .\n- (f) the spending is for the payment of an account of a routine, administrative nature.\n- (i) a statutory order or notice given to the body corporate; or\n- (ii) an order of an adjudicator; or\n- (iii) a judgment or order of a court; or\n- (iv) an order of QCAT; or\n- (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\n- (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee; or Note— See section 17 (1) (c) .\n- (a) subsection (1) (a) or (b) applies in relation to the proposal; and\n- (b) the proposal involves spending above the relevant limit for major spending; and\n- (c) the proposal does not involve spending mentioned in subsection (1) (c) , (d) or (e) .","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":"Quotes for major spending decided at general meeting [ SM, s 173 ]","content":"### sec.92 Quotes for major spending decided at general meeting [ SM, s 173 ]\n\nThis section applies if—\na motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor; and\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\nThe owner of each lot must be given copies of at least 2 quotations for carrying out the work or supplying the personal property or services.\nIf the motion is proposed by the committee, the committee must obtain the quotations.\nIf the motion is not proposed by the committee, the person proposing the motion must obtain the quotations and, unless the person is the secretary, give them to the secretary.\nCopies of the quotations or, if voluminous, summaries of the quotations and advice about where the complete documents may be inspected, must accompany the notice of the meeting at which the motion is to be considered.\nIf, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and must accompany the notice of the meeting.\nIf goods to be acquired by the body corporate are obtainable from only 1 source, a quotation for supplying the goods must be obtained from the source and circulated with the notice of meeting. The fact that goods with the necessary characteristics are only obtainable from a single source would be an exceptional reason for not obtaining 2 quotations for the supply of the goods.\nUnless subsection (6) applies, the motions for the quotations must be set out as a group of same-issue motions in the agenda and on a voting paper for the meeting.\nEach quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\nFor this section—\nthe cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and\nif a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n(sec.92-ssec.1) This section applies if— a motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor; and the cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\n(sec.92-ssec.2) The owner of each lot must be given copies of at least 2 quotations for carrying out the work or supplying the personal property or services.\n(sec.92-ssec.3) If the motion is proposed by the committee, the committee must obtain the quotations.\n(sec.92-ssec.4) If the motion is not proposed by the committee, the person proposing the motion must obtain the quotations and, unless the person is the secretary, give them to the secretary.\n(sec.92-ssec.5) Copies of the quotations or, if voluminous, summaries of the quotations and advice about where the complete documents may be inspected, must accompany the notice of the meeting at which the motion is to be considered.\n(sec.92-ssec.6) If, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and must accompany the notice of the meeting. If goods to be acquired by the body corporate are obtainable from only 1 source, a quotation for supplying the goods must be obtained from the source and circulated with the notice of meeting. The fact that goods with the necessary characteristics are only obtainable from a single source would be an exceptional reason for not obtaining 2 quotations for the supply of the goods.\n(sec.92-ssec.7) Unless subsection (6) applies, the motions for the quotations must be set out as a group of same-issue motions in the agenda and on a voting paper for the meeting.\n(sec.92-ssec.8) Each quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\n(sec.92-ssec.9) For this section— the cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n- (a) a motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor; and\n- (b) the cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\n- (a) the cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and\n- (b) if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.","sortOrder":122},{"sectionNumber":"sec.93","sectionType":"section","heading":"Quotes for major spending decided by committee [ SM, s 174 ]","content":"### sec.93 Quotes for major spending decided by committee [ SM, s 174 ]\n\nThis section applies if—\nthe relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and\na motion to be moved at a meeting of the committee proposes the carrying out of work or the acquisition of personal property or services; and\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\nThis section also applies if—\na motion to be moved at a meeting of the committee proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and\nSee also section 91 (1) (e) .\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.\nBefore the motion is decided, the committee must obtain and consider at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing, the relevant policy of insurance.\nHowever, if, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and considered.\nThe proposal is for the acquisition of goods of a particular characteristic. Goods of that characteristic are only obtainable from 1 source.\nEach quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\nFor this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\nIn this section—\nrelevant policy of insurance see section 91 (4) .\n(sec.93-ssec.1) This section applies if— the relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and a motion to be moved at a meeting of the committee proposes the carrying out of work or the acquisition of personal property or services; and the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\n(sec.93-ssec.2) This section also applies if— a motion to be moved at a meeting of the committee proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and See also section 91 (1) (e) . the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.\n(sec.93-ssec.3) Before the motion is decided, the committee must obtain and consider at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing, the relevant policy of insurance.\n(sec.93-ssec.4) However, if, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and considered. The proposal is for the acquisition of goods of a particular characteristic. Goods of that characteristic are only obtainable from 1 source.\n(sec.93-ssec.5) Each quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\n(sec.93-ssec.6) For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n(sec.93-ssec.7) In this section— relevant policy of insurance see section 91 (4) .\n- (a) the relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and\n- (b) a motion to be moved at a meeting of the committee proposes the carrying out of work or the acquisition of personal property or services; and\n- (c) the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\n- (a) a motion to be moved at a meeting of the committee proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and Note— See also section 91 (1) (e) .\n- (b) the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.","sortOrder":123},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Accounts and audit","content":"# Accounts and audit","sortOrder":124},{"sectionNumber":"sec.94","sectionType":"section","heading":"Accounts [ SM, s 175 ]","content":"### sec.94 Accounts [ SM, s 175 ]\n\nThe body corporate must—\nkeep proper accounting records; and\nprepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\nThe statement of accounts may be prepared on a cash or accrual basis.\nIf the accounts are prepared on a cash basis, they must include disclosure of the following—\ntotal contributions paid in advance to the administrative and sinking funds;\ntotal contributions in arrears, and total outstanding penalties;\nbalances for all financial institution accounts and investments;\nall outstanding receipts and payments.\nIf the accounts are prepared on an accrual basis, they must show the assets and liabilities of the body corporate at the end of the financial year.\nThe statement of accounts must include—\nthe corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and\ndisclosure of all remuneration, allowances or expenses paid to the secretary and the treasurer, identifying the total amounts paid to each person during the financial year under the following categories—\nremuneration or allowances;\nexpenses, split up into travelling, accommodation, meal and other expenses.\nA copy of the statement of accounts must accompany the notice of the next annual general meeting held after the end of the financial year for which the accounts are prepared.\n(sec.94-ssec.1) The body corporate must— keep proper accounting records; and prepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\n(sec.94-ssec.2) The statement of accounts may be prepared on a cash or accrual basis.\n(sec.94-ssec.3) If the accounts are prepared on a cash basis, they must include disclosure of the following— total contributions paid in advance to the administrative and sinking funds; total contributions in arrears, and total outstanding penalties; balances for all financial institution accounts and investments; all outstanding receipts and payments.\n(sec.94-ssec.4) If the accounts are prepared on an accrual basis, they must show the assets and liabilities of the body corporate at the end of the financial year.\n(sec.94-ssec.5) The statement of accounts must include— the corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and disclosure of all remuneration, allowances or expenses paid to the secretary and the treasurer, identifying the total amounts paid to each person during the financial year under the following categories— remuneration or allowances; expenses, split up into travelling, accommodation, meal and other expenses.\n(sec.94-ssec.6) A copy of the statement of accounts must accompany the notice of the next annual general meeting held after the end of the financial year for which the accounts are prepared.\n- (a) keep proper accounting records; and\n- (b) prepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\n- (a) total contributions paid in advance to the administrative and sinking funds;\n- (b) total contributions in arrears, and total outstanding penalties;\n- (c) balances for all financial institution accounts and investments;\n- (d) all outstanding receipts and payments.\n- (a) the corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and\n- (b) disclosure of all remuneration, allowances or expenses paid to the secretary and the treasurer, identifying the total amounts paid to each person during the financial year under the following categories— (i) remuneration or allowances; (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.","sortOrder":125},{"sectionNumber":"sec.95","sectionType":"section","heading":"Audit [ SM, s 176 ]","content":"### sec.95 Audit [ SM, s 176 ]\n\nThe body corporate may decide to have its statement of accounts for a financial year audited by an auditor.\nThe following persons can not be appointed to audit the accounting records or the statement of accounts of the body corporate—\na member of the committee;\na body corporate manager;\nan associate of a member of the committee or a body corporate manager.\nOn finishing an audit of the body corporate’s statement of accounts for a financial year, the auditor must give a certificate—\nstating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and\nif the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.\nA copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\n(sec.95-ssec.1) The body corporate may decide to have its statement of accounts for a financial year audited by an auditor.\n(sec.95-ssec.2) The following persons can not be appointed to audit the accounting records or the statement of accounts of the body corporate— a member of the committee; a body corporate manager; an associate of a member of the committee or a body corporate manager.\n(sec.95-ssec.3) On finishing an audit of the body corporate’s statement of accounts for a financial year, the auditor must give a certificate— stating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and if the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.\n(sec.95-ssec.4) A copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\n- (a) a member of the committee;\n- (b) a body corporate manager;\n- (c) an associate of a member of the committee or a body corporate manager.\n- (a) stating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and\n- (b) if the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.","sortOrder":126},{"sectionNumber":"sec.96","sectionType":"section","heading":"Auditing qualifications and experience— Act , sch 6 , def auditor [ SM, s 177 ]","content":"### sec.96 Auditing qualifications and experience— Act , sch 6 , def auditor [ SM, s 177 ]\n\nFor schedule 6 of the Act , definition auditor , paragraph (a) (ii) , the qualifications and experience in accountancy that are approved for a person are stated in subsection (2) .\nThe person must be a member of—\nCPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\nthe Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or\nthe Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’.\n(sec.96-ssec.1) For schedule 6 of the Act , definition auditor , paragraph (a) (ii) , the qualifications and experience in accountancy that are approved for a person are stated in subsection (2) .\n(sec.96-ssec.2) The person must be a member of— CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’.\n- (a) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (b) the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (c) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’.","sortOrder":127},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":128},{"sectionNumber":"sec.97","sectionType":"section","heading":"Reporting particular payments to committee [ SM, s 178 ]","content":"### sec.97 Reporting particular payments to committee [ SM, s 178 ]\n\nA body corporate manager who pays an account on the basis of an authorisation given by the committee, or by the body corporate in a general meeting, must, if required by the committee or body corporate, give the committee a written report on the payment.\nThe report must contain the details about the payment or costs reasonably required by the committee or body corporate.\nThis section does not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.\n(sec.97-ssec.1) A body corporate manager who pays an account on the basis of an authorisation given by the committee, or by the body corporate in a general meeting, must, if required by the committee or body corporate, give the committee a written report on the payment.\n(sec.97-ssec.2) The report must contain the details about the payment or costs reasonably required by the committee or body corporate.\n(sec.97-ssec.3) This section does not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.","sortOrder":129},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":130},{"sectionNumber":"sec.98","sectionType":"section","heading":"Purpose of chapter [ SM, s 179 ]","content":"### sec.98 Purpose of chapter [ SM, s 179 ]\n\nThis chapter prescribes matters about property management for a community titles scheme, including matters about the rights and obligations of the body corporate.","sortOrder":131},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Common property","content":"# Common property","sortOrder":132},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Obligations about common property— Act , section 152","content":"## Obligations about common property— Act , section 152","sortOrder":133},{"sectionNumber":"sec.99","sectionType":"section","heading":"Duties of body corporate about common property— Act , s 152 [ SM, s 180 ]","content":"### sec.99 Duties of body corporate about common property— Act , s 152 [ SM, s 180 ]\n\nThe body corporate must maintain common property in good condition, including, to the extent that common property is structural in nature, in a structurally sound condition.\nFor utility infrastructure included in the common property, see section 20 of the Act .\nTo the extent that lots included in the community titles scheme are created under a building format plan of subdivision, the body corporate must—\nmaintain in good condition—\nrailings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and\ndoors, windows and associated fittings situated in a boundary wall separating a lot from common property; and\nroofing membranes that are not common property but that provide protection for lots or common property; and\nmaintain in a structurally sound condition the following elements of scheme land that are not common property—\nfoundation structures;\nroofing structures providing protection;\nessential supporting framework, including load-bearing walls.\nDespite anything in subsections (1) and (2) , the body corporate is not responsible for maintaining fixtures or fittings installed by the occupier of a lot if they were installed for the occupier’s own benefit.\nAlso, despite anything in subsections (1) and (2) —\nthe owner of the lot is responsible for maintaining, in good order and condition, utility infrastructure, including utility infrastructure situated on common property to the extent the utility infrastructure—\nrelates only to supplying utility services to the owner’s lot; and\nis 1 of the following types—\nhot-water systems;\nwashing machines;\nclothes dryers;\nsolar panels;\nair-conditioning systems;\ntelevision antennae;\nanother device providing a utility service to a lot; and\nAn air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment.\nA hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.\nthe owner of the lot is responsible for maintaining the tray of a shower that services the lot, whether or not the tray forms part of the lot.\nTo avoid any doubt, it is declared that, despite an obligation the body corporate may have under subsection (2) , the body corporate may recover the prescribed costs, as a debt, from a person, whether or not the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.\nIn this section—\nprescribed costs , recoverable from a person, means the proportion of the reasonable cost to the body corporate of carrying out the maintenance that the body corporate reasonably considers can be fairly attributed to the person’s actions.\nutility infrastructure does not include utility infrastructure that—\nis a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\nis installed after 1 January 2008—\nunder a permit issued under the Plumbing and Drainage Act 2018 ; or\nin relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n(sec.99-ssec.1) The body corporate must maintain common property in good condition, including, to the extent that common property is structural in nature, in a structurally sound condition. For utility infrastructure included in the common property, see section 20 of the Act .\n(sec.99-ssec.2) To the extent that lots included in the community titles scheme are created under a building format plan of subdivision, the body corporate must— maintain in good condition— railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and roofing membranes that are not common property but that provide protection for lots or common property; and maintain in a structurally sound condition the following elements of scheme land that are not common property— foundation structures; roofing structures providing protection; essential supporting framework, including load-bearing walls.\n(sec.99-ssec.3) Despite anything in subsections (1) and (2) , the body corporate is not responsible for maintaining fixtures or fittings installed by the occupier of a lot if they were installed for the occupier’s own benefit.\n(sec.99-ssec.4) Also, despite anything in subsections (1) and (2) — the owner of the lot is responsible for maintaining, in good order and condition, utility infrastructure, including utility infrastructure situated on common property to the extent the utility infrastructure— relates only to supplying utility services to the owner’s lot; and is 1 of the following types— hot-water systems; washing machines; clothes dryers; solar panels; air-conditioning systems; television antennae; another device providing a utility service to a lot; and An air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment. A hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring. the owner of the lot is responsible for maintaining the tray of a shower that services the lot, whether or not the tray forms part of the lot.\n(sec.99-ssec.5) To avoid any doubt, it is declared that, despite an obligation the body corporate may have under subsection (2) , the body corporate may recover the prescribed costs, as a debt, from a person, whether or not the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.\n(sec.99-ssec.6) In this section— prescribed costs , recoverable from a person, means the proportion of the reasonable cost to the body corporate of carrying out the maintenance that the body corporate reasonably considers can be fairly attributed to the person’s actions. utility infrastructure does not include utility infrastructure that— is a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and is installed after 1 January 2008— under a permit issued under the Plumbing and Drainage Act 2018 ; or in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n- (a) maintain in good condition— (i) railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and (ii) doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and (iii) roofing membranes that are not common property but that provide protection for lots or common property; and\n- (i) railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and\n- (ii) doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and\n- (iii) roofing membranes that are not common property but that provide protection for lots or common property; and\n- (b) maintain in a structurally sound condition the following elements of scheme land that are not common property— (i) foundation structures; (ii) roofing structures providing protection; (iii) essential supporting framework, including load-bearing walls.\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.\n- (i) railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and\n- (ii) doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and\n- (iii) roofing membranes that are not common property but that provide protection for lots or common property; and\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.\n- (a) the owner of the lot is responsible for maintaining, in good order and condition, utility infrastructure, including utility infrastructure situated on common property to the extent the utility infrastructure— (i) relates only to supplying utility services to the owner’s lot; and (ii) is 1 of the following types— (A) hot-water systems; (B) washing machines; (C) clothes dryers; (D) solar panels; (E) air-conditioning systems; (F) television antennae; (G) another device providing a utility service to a lot; and Examples for paragraph (a) — 1 An air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment. 2 A hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.\n- (i) relates only to supplying utility services to the owner’s lot; and\n- (ii) is 1 of the following types— (A) hot-water systems; (B) washing machines; (C) clothes dryers; (D) solar panels; (E) air-conditioning systems; (F) television antennae; (G) another device providing a utility service to a lot; and\n- (A) hot-water systems;\n- (B) washing machines;\n- (C) clothes dryers;\n- (D) solar panels;\n- (E) air-conditioning systems;\n- (F) television antennae;\n- (G) another device providing a utility service to a lot; and\n- 1 An air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment.\n- 2 A hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.\n- (b) the owner of the lot is responsible for maintaining the tray of a shower that services the lot, whether or not the tray forms part of the lot.\n- (i) relates only to supplying utility services to the owner’s lot; and\n- (ii) is 1 of the following types— (A) hot-water systems; (B) washing machines; (C) clothes dryers; (D) solar panels; (E) air-conditioning systems; (F) television antennae; (G) another device providing a utility service to a lot; and\n- (A) hot-water systems;\n- (B) washing machines;\n- (C) clothes dryers;\n- (D) solar panels;\n- (E) air-conditioning systems;\n- (F) television antennae;\n- (G) another device providing a utility service to a lot; and\n- (A) hot-water systems;\n- (B) washing machines;\n- (C) clothes dryers;\n- (D) solar panels;\n- (E) air-conditioning systems;\n- (F) television antennae;\n- (G) another device providing a utility service to a lot; and\n- 1 An air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment.\n- 2 A hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.\n- (a) is a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\n- (b) is installed after 1 January 2008— (i) under a permit issued under the Plumbing and Drainage Act 2018 ; or (ii) in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n- (i) under a permit issued under the Plumbing and Drainage Act 2018 ; or\n- (ii) in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n- (i) under a permit issued under the Plumbing and Drainage Act 2018 ; or\n- (ii) in relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .","sortOrder":134},{"sectionNumber":"sec.100","sectionType":"section","heading":"Duty to consider defect assessment motion [ SM, s 181 ]","content":"### sec.100 Duty to consider defect assessment motion [ SM, s 181 ]\n\nA body corporate must include a defect assessment motion on the agenda for the next annual general meeting of the body corporate that is called after the first annual general meeting.\nUnder section 92 , each owner of a lot must be given copies of at least 2 quotations for proposals to carry out work or supply personal property or services if the cost of the proposal is more than the relevant limit for major spending for the community titles scheme.\nFor a body corporate for a scheme that is intended to be developed progressively, the body corporate must include a defect assessment motion on the agenda for the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\nproperty, other than body corporate assets the body corporate must insure, for full replacement value, under section 116 (1) , 117 (2) or 118 (2) , is included on scheme land.\n(sec.100-ssec.1) A body corporate must include a defect assessment motion on the agenda for the next annual general meeting of the body corporate that is called after the first annual general meeting. Under section 92 , each owner of a lot must be given copies of at least 2 quotations for proposals to carry out work or supply personal property or services if the cost of the proposal is more than the relevant limit for major spending for the community titles scheme.\n(sec.100-ssec.2) For a body corporate for a scheme that is intended to be developed progressively, the body corporate must include a defect assessment motion on the agenda for the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or property, other than body corporate assets the body corporate must insure, for full replacement value, under section 116 (1) , 117 (2) or 118 (2) , is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\n- (b) property, other than body corporate assets the body corporate must insure, for full replacement value, under section 116 (1) , 117 (2) or 118 (2) , is included on scheme land.","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":"Body corporate may establish voluntary defect assessment plan [ SM, s 182 ]","content":"### sec.101 Body corporate may establish voluntary defect assessment plan [ SM, s 182 ]\n\nThis section applies if—\na general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and\n1 or more lots included in the scheme were created under a standard format plan of subdivision; and\non 1 or more of the lots mentioned in paragraph (b) , there is a stand-alone building.\nThe body corporate may establish a plan (a voluntary defect assessment plan ) under which it arranges for a defect assessment report to be prepared for stand-alone buildings for the owners of the lots on which they are located.\nParticipation in the voluntary defect assessment plan is optional, and the owner of a lot who wants to take part in the plan must comply with all reasonable requirements made by the body corporate establishing the plan.\nThe owner of a lot who takes part in the voluntary defect assessment plan is liable to pay a contribution levied by the body corporate that is a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner’s lot.\n(sec.101-ssec.1) This section applies if— a general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and 1 or more lots included in the scheme were created under a standard format plan of subdivision; and on 1 or more of the lots mentioned in paragraph (b) , there is a stand-alone building.\n(sec.101-ssec.2) The body corporate may establish a plan (a voluntary defect assessment plan ) under which it arranges for a defect assessment report to be prepared for stand-alone buildings for the owners of the lots on which they are located.\n(sec.101-ssec.3) Participation in the voluntary defect assessment plan is optional, and the owner of a lot who wants to take part in the plan must comply with all reasonable requirements made by the body corporate establishing the plan.\n(sec.101-ssec.4) The owner of a lot who takes part in the voluntary defect assessment plan is liable to pay a contribution levied by the body corporate that is a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner’s lot.\n- (a) a general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and\n- (b) 1 or more lots included in the scheme were created under a standard format plan of subdivision; and\n- (c) on 1 or more of the lots mentioned in paragraph (b) , there is a stand-alone building.","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"Mailbox and noticeboard— Act , s 153 [ SM, s 183 ]","content":"### sec.102 Mailbox and noticeboard— Act , s 153 [ SM, s 183 ]\n\nThe body corporate must—\nmaintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or\nmake suitable alternative arrangements for the receipt of mail.\nThe body corporate may maintain in a suitable position on the common property a noticeboard for the display of notices and other material of interest to the owners or occupiers of lots.\n(sec.102-ssec.1) The body corporate must— maintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or make suitable alternative arrangements for the receipt of mail.\n(sec.102-ssec.2) The body corporate may maintain in a suitable position on the common property a noticeboard for the display of notices and other material of interest to the owners or occupiers of lots.\n- (a) maintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or\n- (b) make suitable alternative arrangements for the receipt of mail.","sortOrder":137},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Dealing with common property","content":"## Dealing with common property","sortOrder":138},{"sectionNumber":"sec.103","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property— Act , s 154 [ SM, s 184 ]","content":"### sec.103 Disposal of interest in and leasing or licensing of common property— Act , s 154 [ SM, s 184 ]\n\nThis section sets out the way and the extent that the body corporate is authorised—\nto sell or otherwise dispose of common property; and\nto grant or amend a lease or licence over common property.\nThe body corporate may—\nif authorised by resolution without dissent—\nsell or otherwise dispose of part of the common property; or\ngrant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\nif authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\nDespite subsection (2) , the body corporate may grant or amend a lease or licence over the whole or part of the common property, without the authority of a resolution without dissent or special resolution, if the community management statement provides for the lease or licence.\nThe body corporate must not lease or license common property if the lease or licence would interfere with access to a lot, or to a part of the common property over which exclusive rights have been given under a by-law.\nAn instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by—\na relevant certificate certifying the transaction has been authorised under this section; and\na certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and\nif the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\nThe body corporate may not grant a lease or licence over utility infrastructure that is common property.\nIf a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate.\nIn this section—\nrelevant certificate means a certificate signed by—\nif the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or\notherwise—\nthe secretary and treasurer of the committee; or\nif 1 persons holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; or\nif all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\nif the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—\nthe body corporate manager; and\n1 other person who is an owner of a lot included in the scheme or the representative of the owner.\nrelevant Planning Act means—\nif the relevant planning body for the community titles scheme is the local government—the Planning Act ; or\nif the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 .\nrelevant planning body , for the community titles scheme, means—\nto the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and\nto the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area.\nrepresentative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\ns 103 amd 2024 SL No. 40 s 42\n(sec.103-ssec.1) This section sets out the way and the extent that the body corporate is authorised— to sell or otherwise dispose of common property; and to grant or amend a lease or licence over common property.\n(sec.103-ssec.2) The body corporate may— if authorised by resolution without dissent— sell or otherwise dispose of part of the common property; or grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and if authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\n(sec.103-ssec.3) Despite subsection (2) , the body corporate may grant or amend a lease or licence over the whole or part of the common property, without the authority of a resolution without dissent or special resolution, if the community management statement provides for the lease or licence.\n(sec.103-ssec.4) The body corporate must not lease or license common property if the lease or licence would interfere with access to a lot, or to a part of the common property over which exclusive rights have been given under a by-law.\n(sec.103-ssec.5) An instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by— a relevant certificate certifying the transaction has been authorised under this section; and a certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\n(sec.103-ssec.6) The body corporate may not grant a lease or licence over utility infrastructure that is common property.\n(sec.103-ssec.6A) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate.\n(sec.103-ssec.7) In this section— relevant certificate means a certificate signed by— if the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or otherwise— the secretary and treasurer of the committee; or if 1 persons holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; or if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— the body corporate manager; and 1 other person who is an owner of a lot included in the scheme or the representative of the owner. relevant Planning Act means— if the relevant planning body for the community titles scheme is the local government—the Planning Act ; or if the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 . relevant planning body , for the community titles scheme, means— to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area. representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\n- (a) to sell or otherwise dispose of common property; and\n- (b) to grant or amend a lease or licence over common property.\n- (a) if authorised by resolution without dissent— (i) sell or otherwise dispose of part of the common property; or (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (i) sell or otherwise dispose of part of the common property; or\n- (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (b) if authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\n- (i) sell or otherwise dispose of part of the common property; or\n- (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (a) a relevant certificate certifying the transaction has been authorised under this section; and\n- (b) a certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and\n- (c) if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\n- (a) if the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or\n- (b) otherwise— (i) the secretary and treasurer of the committee; or (ii) if 1 persons holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; or (iii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or (iv) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (i) the secretary and treasurer of the committee; or\n- (ii) if 1 persons holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; or\n- (iii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (iv) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (i) the secretary and treasurer of the committee; or\n- (ii) if 1 persons holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; or\n- (iii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (iv) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (a) if the relevant planning body for the community titles scheme is the local government—the Planning Act ; or\n- (b) if the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 .\n- (a) to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and\n- (b) to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area.","sortOrder":139},{"sectionNumber":"sec.104","sectionType":"section","heading":"Easements over common property— Act , s 155 [ SM, s 185 ]","content":"### sec.104 Easements over common property— Act , s 155 [ SM, s 185 ]\n\nThis section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property.\nThe body corporate may, if authorised by a resolution without dissent—\ngrant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or\nsurrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\nAn instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by—\na copy of the resolution, or resolutions, signed by—\nif the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\notherwise—\nthe secretary and the treasurer of the committee; or\nif 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or\nif all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\nif the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\nother documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\nIf a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions.\nIn this section—\nrepresentative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\ns 104 amd 2024 SL No. 40 s 43\n(sec.104-ssec.1) This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property.\n(sec.104-ssec.2) The body corporate may, if authorised by a resolution without dissent— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\n(sec.104-ssec.3) An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the resolution, or resolutions, signed by— if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or otherwise— the secretary and the treasurer of the committee; or if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\n(sec.104-ssec.4) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions.\n(sec.104-ssec.5) In this section— representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\n- (a) grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or\n- (b) surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\n- (a) a copy of the resolution, or resolutions, signed by— (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or (ii) otherwise— (A) the secretary and the treasurer of the committee; or (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\n- (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\n- (ii) otherwise— (A) the secretary and the treasurer of the committee; or (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\n- (A) the secretary and the treasurer of the committee; or\n- (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or\n- (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\n- (b) other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\n- (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\n- (ii) otherwise— (A) the secretary and the treasurer of the committee; or (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\n- (A) the secretary and the treasurer of the committee; or\n- (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or\n- (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and\n- (A) the secretary and the treasurer of the committee; or\n- (B) if 1 person holds office as the secretary and treasurer of the committee—the person and 1 other person who is an owner of lot included in the scheme or the representative of the owner; or\n- (C) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (D) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot included in the scheme or the representative of the owner; and","sortOrder":140},{"sectionNumber":"sec.105","sectionType":"section","heading":"Improvements to common property by body corporate— Act , s 159 [ SM, s 186 ]","content":"### sec.105 Improvements to common property by body corporate— Act , s 159 [ SM, s 186 ]\n\nThe body corporate may make improvements to the common property if—\nthe cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or\nthe improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or\nthe improvements are authorised by special resolution; or\nan adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\nHowever, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate.\nFor subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount.\nThis section has effect subject to chapter 7 , part 7 .\nIn this section—\nbasic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by the number of lots included in the scheme.\nordinary resolution improvement range , for a community titles scheme, means an amount that is—\nmore than the basic improvements limit for the scheme; and\nnot more than the amount worked out by multiplying $2,000 by the number of lots included in the scheme.\n(sec.105-ssec.1) The body corporate may make improvements to the common property if— the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or the improvements are authorised by special resolution; or an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\n(sec.105-ssec.2) However, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate.\n(sec.105-ssec.3) For subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount.\n(sec.105-ssec.4) This section has effect subject to chapter 7 , part 7 .\n(sec.105-ssec.5) In this section— basic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by the number of lots included in the scheme. ordinary resolution improvement range , for a community titles scheme, means an amount that is— more than the basic improvements limit for the scheme; and not more than the amount worked out by multiplying $2,000 by the number of lots included in the scheme.\n- (a) the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or\n- (b) the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or\n- (c) the improvements are authorised by special resolution; or\n- (d) an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\n- (a) more than the basic improvements limit for the scheme; and\n- (b) not more than the amount worked out by multiplying $2,000 by the number of lots included in the scheme.","sortOrder":141},{"sectionNumber":"sec.106","sectionType":"section","heading":"Improvements to common property by owner of a lot— Act , s 159 [ SM, s 187 ]","content":"### sec.106 Improvements to common property by owner of a lot— Act , s 159 [ SM, s 187 ]\n\nThe body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot.\nThe improvement must be authorised by ordinary resolution of the body corporate unless—\nthe improvement is a minor improvement; and\nthe improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and\nthe body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\nAn authorisation may be given under this section on conditions the body corporate considers appropriate.\nAn owner who is given an authority under this section—\nmust comply with conditions of the authority; and\nmust maintain the improvement made under the authority in good condition, unless excused by the body corporate.\nIn this section—\nminor improvement means an improvement with an installed value of $3,000 or less.\n(sec.106-ssec.1) The body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot.\n(sec.106-ssec.2) The improvement must be authorised by ordinary resolution of the body corporate unless— the improvement is a minor improvement; and the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\n(sec.106-ssec.3) An authorisation may be given under this section on conditions the body corporate considers appropriate.\n(sec.106-ssec.4) An owner who is given an authority under this section— must comply with conditions of the authority; and must maintain the improvement made under the authority in good condition, unless excused by the body corporate.\n(sec.106-ssec.5) In this section— minor improvement means an improvement with an installed value of $3,000 or less.\n- (a) the improvement is a minor improvement; and\n- (b) the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and\n- (c) the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\n- (a) must comply with conditions of the authority; and\n- (b) must maintain the improvement made under the authority in good condition, unless excused by the body corporate.","sortOrder":142},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Body corporate assets","content":"# Body corporate assets","sortOrder":143},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Obligation about body corporate assets","content":"## Obligation about body corporate assets","sortOrder":144},{"sectionNumber":"sec.107","sectionType":"section","heading":"Duties of body corporate about body corporate assets— Act , s 152 [ SM, s 188 ]","content":"### sec.107 Duties of body corporate about body corporate assets— Act , s 152 [ SM, s 188 ]\n\nThe body corporate must maintain body corporate assets in good condition.","sortOrder":145},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Dealing with body corporate assets","content":"## Dealing with body corporate assets","sortOrder":146},{"sectionNumber":"sec.108","sectionType":"section","heading":"Acquisition of amenities for benefit of lot owners— Act , s 156 [ SM, s 189 ]","content":"### sec.108 Acquisition of amenities for benefit of lot owners— Act , s 156 [ SM, s 189 ]\n\nThis section states the way and the extent that the body corporate may acquire, and enter into agreements about the use of, real and personal property.\nThe body corporate may, in the name of the body corporate, do any of the following—\nacquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme;\nacquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme;\nacquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset;\nacquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme.\nThe body corporate may under subsection (2) (c) acquire rights to establish or use moorings for vessels.\nThe body corporate may exercise its powers under this section only if authorised by a resolution without dissent if the proposal is—\nto acquire freehold land; or\nto enter into a lease of more than 3 years.\nThe body corporate may exercise its powers under this section only if authorised by a special resolution if the proposal is—\nto enter into a lease of 3 years or less, or a licence, concession or agreement; or\nto acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts—\n$1,000;\nan amount worked out by multiplying the number of lots included in the scheme by $200.\nIn this section—\nnon-freehold land see the Land Act 1994 , schedule 6 .\n(sec.108-ssec.1) This section states the way and the extent that the body corporate may acquire, and enter into agreements about the use of, real and personal property.\n(sec.108-ssec.2) The body corporate may, in the name of the body corporate, do any of the following— acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme; acquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme; acquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset; acquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme. The body corporate may under subsection (2) (c) acquire rights to establish or use moorings for vessels.\n(sec.108-ssec.3) The body corporate may exercise its powers under this section only if authorised by a resolution without dissent if the proposal is— to acquire freehold land; or to enter into a lease of more than 3 years.\n(sec.108-ssec.4) The body corporate may exercise its powers under this section only if authorised by a special resolution if the proposal is— to enter into a lease of 3 years or less, or a licence, concession or agreement; or to acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts— $1,000; an amount worked out by multiplying the number of lots included in the scheme by $200.\n(sec.108-ssec.5) In this section— non-freehold land see the Land Act 1994 , schedule 6 .\n- (a) acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme;\n- (b) acquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme;\n- (c) acquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset;\n- (d) acquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme.\n- (a) to acquire freehold land; or\n- (b) to enter into a lease of more than 3 years.\n- (a) to enter into a lease of 3 years or less, or a licence, concession or agreement; or\n- (b) to acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts— (i) $1,000; (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.","sortOrder":147},{"sectionNumber":"sec.109","sectionType":"section","heading":"Other dealings with, and disposal of, body corporate assets— Act , s 157 [ SM, s 190 ]","content":"### sec.109 Other dealings with, and disposal of, body corporate assets— Act , s 157 [ SM, s 190 ]\n\nThe body corporate may do any of the following—\nsell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land, only if authorised by resolution without dissent;\ngrant or amend a lease over a body corporate asset that is freehold land, or another body corporate asset capable of being leased, only if authorised by—\nif the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\nif subparagraph (i) does not apply—special resolution;\nsell or otherwise dispose of a body corporate asset that is personal property, not including personal property mentioned in paragraph (a) or (b) , but including a licence or concession related to freehold land, only if authorised by special resolution, if the market value of the asset is more than the greater of the following amounts—\n$1,000;\nan amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (a) sell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land, only if authorised by resolution without dissent;\n- (b) grant or amend a lease over a body corporate asset that is freehold land, or another body corporate asset capable of being leased, only if authorised by— (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or (ii) if subparagraph (i) does not apply—special resolution;\n- (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\n- (ii) if subparagraph (i) does not apply—special resolution;\n- (c) sell or otherwise dispose of a body corporate asset that is personal property, not including personal property mentioned in paragraph (a) or (b) , but including a licence or concession related to freehold land, only if authorised by special resolution, if the market value of the asset is more than the greater of the following amounts— (i) $1,000; (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\n- (ii) if subparagraph (i) does not apply—special resolution;\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.","sortOrder":148},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Agreement with another body corporate","content":"# Agreement with another body corporate","sortOrder":149},{"sectionNumber":"sec.110","sectionType":"section","heading":"Sharing facilities— Act , s 95 [ SM, s 191 ]","content":"### sec.110 Sharing facilities— Act , s 95 [ SM, s 191 ]\n\nThis section has effect despite anything else in this chapter.\nThe body corporate may, in the name of the body corporate, enter into an agreement with the body corporate of another community titles scheme under which the owners or occupiers of lots included in the scheme and lots included in the other scheme may share the use and enjoyment of—\nfacilities forming part of the common property of either scheme; or\nbody corporate assets for either scheme.\nThe body corporate may enter into an agreement under subsection (2) with the body corporate for another community titles scheme under which the owners or occupiers of lots included in the scheme may use a tennis court forming part of the common property for the other scheme.\n(sec.110-ssec.1) This section has effect despite anything else in this chapter.\n(sec.110-ssec.2) The body corporate may, in the name of the body corporate, enter into an agreement with the body corporate of another community titles scheme under which the owners or occupiers of lots included in the scheme and lots included in the other scheme may share the use and enjoyment of— facilities forming part of the common property of either scheme; or body corporate assets for either scheme. The body corporate may enter into an agreement under subsection (2) with the body corporate for another community titles scheme under which the owners or occupiers of lots included in the scheme may use a tennis court forming part of the common property for the other scheme.\n- (a) facilities forming part of the common property of either scheme; or\n- (b) body corporate assets for either scheme.","sortOrder":150},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Exclusive use by-laws— Act , section 173","content":"# Exclusive use by-laws— Act , section 173","sortOrder":151},{"sectionNumber":"sec.111","sectionType":"section","heading":"Conditions and obligations under exclusive use by-law [ SM, s 192 ]","content":"### sec.111 Conditions and obligations under exclusive use by-law [ SM, s 192 ]\n\nIf the owner of a lot included in the community titles scheme, to whom rights are in the first instance given under an exclusive use by-law, agrees in writing, the by-law may impose conditions, including, for example, conditions that require the owner to do 1 or both of the following things—\nmake a payment to the scheme’s body corporate or the owners of lots included in the scheme;\nmake periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\nAn exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance and operating costs, to make the owner of the lot to whom exclusive use or other rights are given responsible for the maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies.\ncost of providing lighting to the part of common property\nHowever, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for—\nmaintaining in good condition roofing membranes that—\nare on the part of the common property to which the by-law applies; and\nprovide protection for lots or common property; or\nmaintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner—\nfoundation structures;\nroofing structures providing protection;\nessential supporting framework, including load-bearing walls.\n(sec.111-ssec.1) If the owner of a lot included in the community titles scheme, to whom rights are in the first instance given under an exclusive use by-law, agrees in writing, the by-law may impose conditions, including, for example, conditions that require the owner to do 1 or both of the following things— make a payment to the scheme’s body corporate or the owners of lots included in the scheme; make periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\n(sec.111-ssec.2) An exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance and operating costs, to make the owner of the lot to whom exclusive use or other rights are given responsible for the maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies. cost of providing lighting to the part of common property\n(sec.111-ssec.3) However, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for— maintaining in good condition roofing membranes that— are on the part of the common property to which the by-law applies; and provide protection for lots or common property; or maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner— foundation structures; roofing structures providing protection; essential supporting framework, including load-bearing walls.\n- (a) make a payment to the scheme’s body corporate or the owners of lots included in the scheme;\n- (b) make periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\n- (a) maintaining in good condition roofing membranes that— (i) are on the part of the common property to which the by-law applies; and (ii) provide protection for lots or common property; or\n- (i) are on the part of the common property to which the by-law applies; and\n- (ii) provide protection for lots or common property; or\n- (b) maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner— (i) foundation structures; (ii) roofing structures providing protection; (iii) essential supporting framework, including load-bearing walls.\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.\n- (i) are on the part of the common property to which the by-law applies; and\n- (ii) provide protection for lots or common property; or\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.","sortOrder":152},{"sectionNumber":"sec.112","sectionType":"section","heading":"Improvements [ SM, s 193 ]","content":"### sec.112 Improvements [ SM, s 193 ]\n\nAn exclusive use by-law may authorise the owner of a lot who has the benefit of the by-law to make stated improvements to the part of the common property to which the by-law applies.\nWithout limiting subsection (1) , improvements stated in the by-law may include the installation of fixtures on the common property and the making of changes to the common property.\nIf the exclusive use by-law does not authorise the owner of a lot to make an improvement, the owner may make the improvement only if the body corporate authorises it to be made.\nIf the value of the improvement mentioned in subsection (3) is more than $3,000, the body corporate’s authorisation must be by ordinary resolution.\n(sec.112-ssec.1) An exclusive use by-law may authorise the owner of a lot who has the benefit of the by-law to make stated improvements to the part of the common property to which the by-law applies.\n(sec.112-ssec.2) Without limiting subsection (1) , improvements stated in the by-law may include the installation of fixtures on the common property and the making of changes to the common property.\n(sec.112-ssec.3) If the exclusive use by-law does not authorise the owner of a lot to make an improvement, the owner may make the improvement only if the body corporate authorises it to be made.\n(sec.112-ssec.4) If the value of the improvement mentioned in subsection (3) is more than $3,000, the body corporate’s authorisation must be by ordinary resolution.","sortOrder":153},{"sectionNumber":"sec.113","sectionType":"section","heading":"Recovery of amount owed [ SM, s 194 ]","content":"### sec.113 Recovery of amount owed [ SM, s 194 ]\n\nA monetary liability imposed under an exclusive use by-law on the owner of a lot included in the community titles scheme may be recovered as a debt.\nThe liability is enforceable jointly and severally against—\nthe person who was the owner of the lot when the liability arose; and\na successor in title for the lot.\n(sec.113-ssec.1) A monetary liability imposed under an exclusive use by-law on the owner of a lot included in the community titles scheme may be recovered as a debt.\n(sec.113-ssec.2) The liability is enforceable jointly and severally against— the person who was the owner of the lot when the liability arose; and a successor in title for the lot.\n- (a) the person who was the owner of the lot when the liability arose; and\n- (b) a successor in title for the lot.","sortOrder":154},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Insurance— Act , section 189","content":"# Insurance— Act , section 189","sortOrder":155},{"sectionNumber":"sec.114","sectionType":"section","heading":"Definitions for part [ SM, s 195 ]","content":"### sec.114 Definitions for part [ SM, s 195 ]\n\nIn this part—\nbuilding includes improvements and fixtures forming part of the building, but does not include—\ntemporary wall, floor and ceiling coverings; or\nfixtures removable by a lessee or tenant at the end of a lease or tenancy; or\nmobile or fixed air-conditioning units servicing a particular lot; or\ncurtains, blinds or other internal window coverings; or\ncarpet; or\nmobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.\ndamage , for coverage under insurance required to be put in place under this part, means—\ndamage from earthquake, explosion, fire, lightning, storm and water; and\nglass breakage; and\ndamage from impact, malicious act, and riot.\n- (a) temporary wall, floor and ceiling coverings; or\n- (b) fixtures removable by a lessee or tenant at the end of a lease or tenancy; or\n- (c) mobile or fixed air-conditioning units servicing a particular lot; or\n- (d) curtains, blinds or other internal window coverings; or\n- (e) carpet; or\n- (f) mobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.\n- (a) damage from earthquake, explosion, fire, lightning, storm and water; and\n- (b) glass breakage; and\n- (c) damage from impact, malicious act, and riot.","sortOrder":156},{"sectionNumber":"sec.115","sectionType":"section","heading":"Disclosure of insurance details at annual general meeting [ SM, s 196 ]","content":"### sec.115 Disclosure of insurance details at annual general meeting [ SM, s 196 ]\n\nThis section applies to each policy of insurance held by the body corporate under this part and in force when notice of an annual general meeting is given.\nThe notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about the policy—\nthe name of the insurer;\nif any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary;\nthe amount of cover under the policy;\na summary of the type of cover under the policy;\npublic risk insurance, building insurance, common property insurance\nthe amount of the premium;\nthe amount of any excess payable on the happening of an event for which the insurance gives cover;\nthe date the cover expires;\nthe amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following—\nthe body corporate;\na member of the body corporate;\nthe secretary or treasurer;\na person engaged as a body corporate manager or service contractor for the community titles scheme;\nan associate of a person mentioned in subparagraph (iv) .\npayments of commission or the provision of discounts\nAlso, the notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about buildings the body corporate must insure under this part—\nthe full replacement value for the buildings as stated in the most recent valuation under section 119 ;\nthe date of the valuation.\n(sec.115-ssec.1) This section applies to each policy of insurance held by the body corporate under this part and in force when notice of an annual general meeting is given.\n(sec.115-ssec.2) The notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about the policy— the name of the insurer; if any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary; the amount of cover under the policy; a summary of the type of cover under the policy; public risk insurance, building insurance, common property insurance the amount of the premium; the amount of any excess payable on the happening of an event for which the insurance gives cover; the date the cover expires; the amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following— the body corporate; a member of the body corporate; the secretary or treasurer; a person engaged as a body corporate manager or service contractor for the community titles scheme; an associate of a person mentioned in subparagraph (iv) . payments of commission or the provision of discounts\n(sec.115-ssec.3) Also, the notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about buildings the body corporate must insure under this part— the full replacement value for the buildings as stated in the most recent valuation under section 119 ; the date of the valuation.\n- (a) the name of the insurer;\n- (b) if any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary;\n- (c) the amount of cover under the policy;\n- (d) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (e) the amount of the premium;\n- (f) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (g) the date the cover expires;\n- (h) the amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following— (i) the body corporate; (ii) a member of the body corporate; (iii) the secretary or treasurer; (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme; (v) an associate of a person mentioned in subparagraph (iv) . Examples of financial or other benefit— payments of commission or the provision of discounts\n- (i) the body corporate;\n- (ii) a member of the body corporate;\n- (iii) the secretary or treasurer;\n- (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme;\n- (v) an associate of a person mentioned in subparagraph (iv) .\n- (i) the body corporate;\n- (ii) a member of the body corporate;\n- (iii) the secretary or treasurer;\n- (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme;\n- (v) an associate of a person mentioned in subparagraph (iv) .\n- (a) the full replacement value for the buildings as stated in the most recent valuation under section 119 ;\n- (b) the date of the valuation.","sortOrder":157},{"sectionNumber":"sec.116","sectionType":"section","heading":"Insurance of common property and body corporate assets [ SM, s 197 ]","content":"### sec.116 Insurance of common property and body corporate assets [ SM, s 197 ]\n\nThe body corporate must insure, for full replacement value—\nthe common property; and\nthe body corporate assets.\nSubsection (1) (a) has effect only to the extent that the common property is not required to be insured under another provision of this part.\nA policy of insurance taken out under this section—\nmust cover, to the greatest practicable extent—\ndamage; and\ncosts incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of property to its condition when new.\nThe owner of each lot that is included in the community titles scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for a policy of insurance taken out under this section that reflects the interest schedule lot entitlement of the lot.\n(sec.116-ssec.1) The body corporate must insure, for full replacement value— the common property; and the body corporate assets.\n(sec.116-ssec.2) Subsection (1) (a) has effect only to the extent that the common property is not required to be insured under another provision of this part.\n(sec.116-ssec.3) A policy of insurance taken out under this section— must cover, to the greatest practicable extent— damage; and costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of property to its condition when new.\n(sec.116-ssec.4) The owner of each lot that is included in the community titles scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for a policy of insurance taken out under this section that reflects the interest schedule lot entitlement of the lot.\n- (a) the common property; and\n- (b) the body corporate assets.\n- (a) must cover, to the greatest practicable extent— (i) damage; and (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of property to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and","sortOrder":158},{"sectionNumber":"sec.117","sectionType":"section","heading":"Insurance of building including lots [ SM, s 198 ]","content":"### sec.117 Insurance of building including lots [ SM, s 198 ]\n\nThis section applies if 1 or more of the lots included in the community titles scheme are created under a building format plan of subdivision or a volumetric format plan of subdivision.\nThe body corporate must insure, for full replacement value, each building in which is located a lot included in the scheme, to the extent that the building is scheme land.\nA policy of insurance taken out under this section—\nmust cover—\ndamage; and\ncosts incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of property to its condition when new.\nThe body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\nThe body corporate need not insure a building or a part of a building under subsection (2) if—\nthe scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\nunder subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\nAlso, the body corporate need not insure a building or a part of a building under subsection (2) if—\nthe building or the part of the building is scheme land; and\nthe whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and\nthe building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and\nthe insurance is in place.\nThis section applies subject to provisions of this part about insurance of buildings mutually dependent for support on a common wall.\ns 117 amd 2024 SL No. 40 s 44\n(sec.117-ssec.1) This section applies if 1 or more of the lots included in the community titles scheme are created under a building format plan of subdivision or a volumetric format plan of subdivision.\n(sec.117-ssec.2) The body corporate must insure, for full replacement value, each building in which is located a lot included in the scheme, to the extent that the building is scheme land.\n(sec.117-ssec.3) A policy of insurance taken out under this section— must cover— damage; and costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of property to its condition when new.\n(sec.117-ssec.4) The body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\n(sec.117-ssec.5) The body corporate need not insure a building or a part of a building under subsection (2) if— the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n(sec.117-ssec.6) Also, the body corporate need not insure a building or a part of a building under subsection (2) if— the building or the part of the building is scheme land; and the whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and the building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and the insurance is in place.\n(sec.117-ssec.7) This section applies subject to provisions of this part about insurance of buildings mutually dependent for support on a common wall.\n- (a) must cover— (i) damage; and (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of property to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (a) the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\n- (b) under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n- (a) the building or the part of the building is scheme land; and\n- (b) the whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and\n- (c) the building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and\n- (d) the insurance is in place.","sortOrder":159},{"sectionNumber":"sec.118","sectionType":"section","heading":"Insurance for buildings with common walls [ SM, s 199 ]","content":"### sec.118 Insurance for buildings with common walls [ SM, s 199 ]\n\nThis section applies if—\n1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and\nin 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\nThe body corporate must insure, for full replacement value, each building mentioned in subsection (1) (b) .\nA policy of insurance taken out under this section—\nmust cover—\ndamage; and\ncosts incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of the buildings to their condition when new; and\nmay give effect, in whole or part, to a voluntary insurance scheme.\nThe body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\nThe body corporate need not insure a building or a part of a building under subsection (2) if—\nthe scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\nunder subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n(sec.118-ssec.1) This section applies if— 1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and in 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\n(sec.118-ssec.2) The body corporate must insure, for full replacement value, each building mentioned in subsection (1) (b) .\n(sec.118-ssec.3) A policy of insurance taken out under this section— must cover— damage; and costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of the buildings to their condition when new; and may give effect, in whole or part, to a voluntary insurance scheme.\n(sec.118-ssec.4) The body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\n(sec.118-ssec.5) The body corporate need not insure a building or a part of a building under subsection (2) if— the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n- (a) 1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and\n- (b) in 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\n- (a) must cover— (i) damage; and (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of the buildings to their condition when new; and\n- (c) may give effect, in whole or part, to a voluntary insurance scheme.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (a) the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\n- (b) under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.","sortOrder":160},{"sectionNumber":"sec.119","sectionType":"section","heading":"Valuation for insurance purposes [ SM, s 200 ]","content":"### sec.119 Valuation for insurance purposes [ SM, s 200 ]\n\nThis section applies if, under this part, a body corporate must insure 1 or more buildings for full replacement value.\nThe body corporate must, at least every 5 years, obtain an independent valuation stating the full replacement value of the building or buildings.\nThe owner of each lot included in the community titles scheme is liable to pay a contribution levied by the body corporate for the cost of the valuation of the building or buildings that is proportionate to the amount of the premium for reinstatement insurance for the building or buildings for which the owner is liable under this part.\nThe contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.119-ssec.1) This section applies if, under this part, a body corporate must insure 1 or more buildings for full replacement value.\n(sec.119-ssec.2) The body corporate must, at least every 5 years, obtain an independent valuation stating the full replacement value of the building or buildings.\n(sec.119-ssec.3) The owner of each lot included in the community titles scheme is liable to pay a contribution levied by the body corporate for the cost of the valuation of the building or buildings that is proportionate to the amount of the premium for reinstatement insurance for the building or buildings for which the owner is liable under this part.\n(sec.119-ssec.4) The contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.","sortOrder":161},{"sectionNumber":"sec.120","sectionType":"section","heading":"Premium [ SM, s 201 ]","content":"### sec.120 Premium [ SM, s 201 ]\n\nThe owner of each lot that is included in the community titles scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for reinstatement insurance that reflects—\nfor a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and\nfor a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\nThe body corporate may adjust the contribution payable by an owner of a lot under subsection (1) in a way that fairly reflects—\nthe extent to which the premium relates to fixtures and fittings that—\nform part of the lot; and\nare of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\nthe extent to which the premium relates to improvements made to the common property that benefit the lot; or\nthe proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\nIn a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\nThe contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.120-ssec.1) The owner of each lot that is included in the community titles scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for reinstatement insurance that reflects— for a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and for a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\n(sec.120-ssec.2) The body corporate may adjust the contribution payable by an owner of a lot under subsection (1) in a way that fairly reflects— the extent to which the premium relates to fixtures and fittings that— form part of the lot; and are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or the extent to which the premium relates to improvements made to the common property that benefit the lot; or the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot. In a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\n(sec.120-ssec.3) The contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n- (a) for a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and\n- (b) for a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\n- (a) the extent to which the premium relates to fixtures and fittings that— (i) form part of the lot; and (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\n- (i) form part of the lot; and\n- (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\n- (b) the extent to which the premium relates to improvements made to the common property that benefit the lot; or\n- (c) the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot. Example for paragraph (c) — In a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\n- (i) form part of the lot; and\n- (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or","sortOrder":162},{"sectionNumber":"sec.121","sectionType":"section","heading":"Improvements affecting premium [ SM, s 202 ]","content":"### sec.121 Improvements affecting premium [ SM, s 202 ]\n\nThis section applies if—\nimprovements are made to a lot included in the community titles scheme and, because of the improvements—\nthe fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\nthe premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\nimprovements are made to the common property, including improvements made under a right of exclusive use or licence, and—\nthe improvements are made for the benefit of a lot included in the scheme; and\nbecause of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\nThe owner of the lot must give the body corporate details of the nature and value of the improvements.\nThe notification must be given as soon as practicable after the improvements are substantially completed.\nIf the owner of the lot does not comply with subsections (2) and (3) , the owner must reimburse the body corporate for any payment that has to be made for the cost of reinstatement or repair of the lot, or any other lot or common property, but only to the extent that the necessity to make the payment can reasonably be attributed to the owner’s failure to comply with subsections (2) and (3) .\n(sec.121-ssec.1) This section applies if— improvements are made to a lot included in the community titles scheme and, because of the improvements— the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or improvements are made to the common property, including improvements made under a right of exclusive use or licence, and— the improvements are made for the benefit of a lot included in the scheme; and because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\n(sec.121-ssec.2) The owner of the lot must give the body corporate details of the nature and value of the improvements.\n(sec.121-ssec.3) The notification must be given as soon as practicable after the improvements are substantially completed.\n(sec.121-ssec.4) If the owner of the lot does not comply with subsections (2) and (3) , the owner must reimburse the body corporate for any payment that has to be made for the cost of reinstatement or repair of the lot, or any other lot or common property, but only to the extent that the necessity to make the payment can reasonably be attributed to the owner’s failure to comply with subsections (2) and (3) .\n- (a) improvements are made to a lot included in the community titles scheme and, because of the improvements— (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\n- (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (b) improvements are made to the common property, including improvements made under a right of exclusive use or licence, and— (i) the improvements are made for the benefit of a lot included in the scheme; and (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\n- (i) the improvements are made for the benefit of a lot included in the scheme; and\n- (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\n- (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\n- (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (i) the improvements are made for the benefit of a lot included in the scheme; and\n- (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.","sortOrder":163},{"sectionNumber":"sec.122","sectionType":"section","heading":"Excess [ SM, s 203 ]","content":"### sec.122 Excess [ SM, s 203 ]\n\nDespite a requirement under this part to insure for full replacement value, the body corporate is not prevented from insuring on the basis that an excess is payable on the happening of an event for which the insurance gives cover.\nHowever, in putting the insurance in place, the body corporate must ensure the arrangements for the liability for an excess under the insurance would not impose an unreasonable burden on the owners of individual lots, having regard to subsections (3) and (4) .\nFor an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability.\nIf a shower screen is damaged in a lot and an insurance claim is made under the body corporate’s reinstatement insurance, the owner of the lot would be liable under subsection (3) to pay the excess unless the body corporate decides it is unreasonable for the owner to be required to pay it. However, if there is a fire within a lot caused by a short circuit in electrical wiring located in an internal partition, the body corporate might decide it would be unreasonable for the owner to be required to pay the excess.\nFor an event affecting 2 or more lots, or 1 or more lots and common property, the body corporate is liable to pay the excess unless the body corporate decides it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot, or to be shared between owners of particular lots, or between the owner of a lot and the body corporate, or between owners of particular lots and the body corporate.\n(sec.122-ssec.1) Despite a requirement under this part to insure for full replacement value, the body corporate is not prevented from insuring on the basis that an excess is payable on the happening of an event for which the insurance gives cover.\n(sec.122-ssec.2) However, in putting the insurance in place, the body corporate must ensure the arrangements for the liability for an excess under the insurance would not impose an unreasonable burden on the owners of individual lots, having regard to subsections (3) and (4) .\n(sec.122-ssec.3) For an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability. If a shower screen is damaged in a lot and an insurance claim is made under the body corporate’s reinstatement insurance, the owner of the lot would be liable under subsection (3) to pay the excess unless the body corporate decides it is unreasonable for the owner to be required to pay it. However, if there is a fire within a lot caused by a short circuit in electrical wiring located in an internal partition, the body corporate might decide it would be unreasonable for the owner to be required to pay the excess.\n(sec.122-ssec.4) For an event affecting 2 or more lots, or 1 or more lots and common property, the body corporate is liable to pay the excess unless the body corporate decides it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot, or to be shared between owners of particular lots, or between the owner of a lot and the body corporate, or between owners of particular lots and the body corporate.","sortOrder":164},{"sectionNumber":"sec.123","sectionType":"section","heading":"Insurance for buildings with no common walls [ SM, s 204 ]","content":"### sec.123 Insurance for buildings with no common walls [ SM, s 204 ]\n\nThis section applies if—\nlots included in the community titles scheme were created under a standard format plan of subdivision; and\non 1 or more of the lots mentioned in paragraph (a) , there is a stand-alone building.\nThe body corporate may establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over stand-alone buildings for the owners of the lots on which they are located.\nTaking part in the voluntary insurance scheme is optional, and the owner of a lot who wants to take part in the insurance scheme must—\nnotify the body corporate of the replacement value of the stand-alone buildings to be insured; and\ncomply with other requirements under—\nthe decision of the body corporate establishing the voluntary insurance scheme; or\nthe policy of insurance.\nThe owner of a lot who takes part in the voluntary insurance scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium fairly reflecting—\nthe proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and\nthe proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\nThe contribution for which the owner of a lot is liable may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\nIf the body corporate does not establish a voluntary insurance scheme and the owner of a lot on which there is a stand-alone building makes an improvement to the common property, the owner must—\ninsure the improvement for full replacement value; and\ngive the body corporate each of the following details—\nthe nature and value of the improvement;\nthe name of the insurer of the improvement;\nthe amount of cover under the insurance policy;\na summary of the type of cover under the policy;\npublic risk insurance, building insurance, common property insurance\nthe amount of the premium;\nthe amount of any excess payable on the happening of an event for which the insurance gives cover;\nthe date the cover expires.\nA policy of insurance taken out under subsection (6) —\nmust cover, to the greatest practicable extent—\ndamage; and\ncosts incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of the improvement to its condition when new.\n(sec.123-ssec.1) This section applies if— lots included in the community titles scheme were created under a standard format plan of subdivision; and on 1 or more of the lots mentioned in paragraph (a) , there is a stand-alone building.\n(sec.123-ssec.2) The body corporate may establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over stand-alone buildings for the owners of the lots on which they are located.\n(sec.123-ssec.3) Taking part in the voluntary insurance scheme is optional, and the owner of a lot who wants to take part in the insurance scheme must— notify the body corporate of the replacement value of the stand-alone buildings to be insured; and comply with other requirements under— the decision of the body corporate establishing the voluntary insurance scheme; or the policy of insurance.\n(sec.123-ssec.4) The owner of a lot who takes part in the voluntary insurance scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium fairly reflecting— the proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\n(sec.123-ssec.5) The contribution for which the owner of a lot is liable may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.123-ssec.6) If the body corporate does not establish a voluntary insurance scheme and the owner of a lot on which there is a stand-alone building makes an improvement to the common property, the owner must— insure the improvement for full replacement value; and give the body corporate each of the following details— the nature and value of the improvement; the name of the insurer of the improvement; the amount of cover under the insurance policy; a summary of the type of cover under the policy; public risk insurance, building insurance, common property insurance the amount of the premium; the amount of any excess payable on the happening of an event for which the insurance gives cover; the date the cover expires.\n(sec.123-ssec.7) A policy of insurance taken out under subsection (6) — must cover, to the greatest practicable extent— damage; and costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of the improvement to its condition when new.\n- (a) lots included in the community titles scheme were created under a standard format plan of subdivision; and\n- (b) on 1 or more of the lots mentioned in paragraph (a) , there is a stand-alone building.\n- (a) notify the body corporate of the replacement value of the stand-alone buildings to be insured; and\n- (b) comply with other requirements under— (i) the decision of the body corporate establishing the voluntary insurance scheme; or (ii) the policy of insurance.\n- (i) the decision of the body corporate establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (i) the decision of the body corporate establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (a) the proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and\n- (b) the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\n- (a) insure the improvement for full replacement value; and\n- (b) give the body corporate each of the following details— (i) the nature and value of the improvement; (ii) the name of the insurer of the improvement; (iii) the amount of cover under the insurance policy; (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance (v) the amount of the premium; (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover; (vii) the date the cover expires.\n- (i) the nature and value of the improvement;\n- (ii) the name of the insurer of the improvement;\n- (iii) the amount of cover under the insurance policy;\n- (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (v) the amount of the premium;\n- (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (vii) the date the cover expires.\n- (i) the nature and value of the improvement;\n- (ii) the name of the insurer of the improvement;\n- (iii) the amount of cover under the insurance policy;\n- (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (v) the amount of the premium;\n- (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (vii) the date the cover expires.\n- (a) must cover, to the greatest practicable extent— (i) damage; and (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of the improvement to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and","sortOrder":165},{"sectionNumber":"sec.124","sectionType":"section","heading":"Combined policy of insurance [ SM, s 205 ]","content":"### sec.124 Combined policy of insurance [ SM, s 205 ]\n\nThis section applies if the body corporate—\nis required to put in place reinstatement insurance covering lots included in the community titles scheme; and\nelects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.\nThe body corporate may arrange with an insurer a single policy of insurance for all insurance mentioned in subsection (1) .\n(sec.124-ssec.1) This section applies if the body corporate— is required to put in place reinstatement insurance covering lots included in the community titles scheme; and elects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.\n(sec.124-ssec.2) The body corporate may arrange with an insurer a single policy of insurance for all insurance mentioned in subsection (1) .\n- (a) is required to put in place reinstatement insurance covering lots included in the community titles scheme; and\n- (b) elects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.","sortOrder":166},{"sectionNumber":"sec.125","sectionType":"section","heading":"Public risk insurance [ SM, s 206 ]","content":"### sec.125 Public risk insurance [ SM, s 206 ]\n\nThe body corporate must maintain public risk insurance of the common property and relevant assets.\nThe body corporate is not required to maintain public risk insurance of any other property.\na lot owned by a person other than the body corporate\nThe insurance must provide coverage—\nfor amounts the body corporate becomes liable to pay for—\ncompensation for death, illness and bodily injury; and\ndamage to property; and\nto the extent of—\nat least $10m for a single event; and\nat least $10m in a single period of insurance.\nIn this section—\nrelevant assets means body corporate assets for which it is practicable to maintain public risk insurance.\n(sec.125-ssec.1) The body corporate must maintain public risk insurance of the common property and relevant assets.\n(sec.125-ssec.2) The body corporate is not required to maintain public risk insurance of any other property. a lot owned by a person other than the body corporate\n(sec.125-ssec.3) The insurance must provide coverage— for amounts the body corporate becomes liable to pay for— compensation for death, illness and bodily injury; and damage to property; and to the extent of— at least $10m for a single event; and at least $10m in a single period of insurance.\n(sec.125-ssec.4) In this section— relevant assets means body corporate assets for which it is practicable to maintain public risk insurance.\n- (a) for amounts the body corporate becomes liable to pay for— (i) compensation for death, illness and bodily injury; and (ii) damage to property; and\n- (i) compensation for death, illness and bodily injury; and\n- (ii) damage to property; and\n- (b) to the extent of— (i) at least $10m for a single event; and (ii) at least $10m in a single period of insurance.\n- (i) at least $10m for a single event; and\n- (ii) at least $10m in a single period of insurance.\n- (i) compensation for death, illness and bodily injury; and\n- (ii) damage to property; and\n- (i) at least $10m for a single event; and\n- (ii) at least $10m in a single period of insurance.","sortOrder":167},{"sectionNumber":"sec.126","sectionType":"section","heading":"Use affecting premium [ SM, s 207 ]","content":"### sec.126 Use affecting premium [ SM, s 207 ]\n\nThis section applies if, because of the way that a lot is used, the premium for reinstatement insurance or the premium for public risk insurance required to be taken out by the body corporate is likely to increase.\nThe owner of the lot must give the body corporate details of the use.\n(sec.126-ssec.1) This section applies if, because of the way that a lot is used, the premium for reinstatement insurance or the premium for public risk insurance required to be taken out by the body corporate is likely to increase.\n(sec.126-ssec.2) The owner of the lot must give the body corporate details of the use.","sortOrder":168},{"sectionNumber":"sec.127","sectionType":"section","heading":"Use of insurance money not paid under voluntary insurance scheme [ SM, s 208 ]","content":"### sec.127 Use of insurance money not paid under voluntary insurance scheme [ SM, s 208 ]\n\nThis section applies if the body corporate receives an amount of insurance money for damage to property, other than an amount paid under a voluntary insurance scheme.\nThe body corporate—\nif authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or\nif paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\nHowever, the amount must not be applied to the repair, reinstatement or replacement of the property if the work would, apart from this section, be unlawful.\nIf, because of the damage, the community titles scheme is to be terminated, and an order of a court under the Act , or a resolution without dissent of the body corporate, requires the application of the amount for a purpose other than the repair, reinstatement or replacement of the damaged property, the amount must be applied as follows—\nfirst, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot;\nthe balance of the amount must be applied as required by the order or resolution.\n(sec.127-ssec.1) This section applies if the body corporate receives an amount of insurance money for damage to property, other than an amount paid under a voluntary insurance scheme.\n(sec.127-ssec.2) The body corporate— if authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or if paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\n(sec.127-ssec.3) However, the amount must not be applied to the repair, reinstatement or replacement of the property if the work would, apart from this section, be unlawful.\n(sec.127-ssec.4) If, because of the damage, the community titles scheme is to be terminated, and an order of a court under the Act , or a resolution without dissent of the body corporate, requires the application of the amount for a purpose other than the repair, reinstatement or replacement of the damaged property, the amount must be applied as follows— first, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot; the balance of the amount must be applied as required by the order or resolution.\n- (a) if authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or\n- (b) if paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\n- (a) first, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot;\n- (b) the balance of the amount must be applied as required by the order or resolution.","sortOrder":169},{"sectionNumber":"sec.128","sectionType":"section","heading":"Use of insurance money paid under voluntary insurance scheme [ SM, s 209 ]","content":"### sec.128 Use of insurance money paid under voluntary insurance scheme [ SM, s 209 ]\n\nIf the body corporate receives an amount of insurance money for damage to property under a voluntary insurance scheme, the amount must be paid, subject to the prior claim of a registered mortgagee, to the owner of the damaged property to which the payment relates.","sortOrder":170},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":171},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Services for and obligations of owners and occupiers","content":"## Services for and obligations of owners and occupiers","sortOrder":172},{"sectionNumber":"sec.129","sectionType":"section","heading":"Supply of services by body corporate— Act , s 158 [ SM, s 210 ]","content":"### sec.129 Supply of services by body corporate— Act , s 158 [ SM, s 210 ]\n\nThe body corporate may supply, or engage another person to supply, utility services and other services for the benefit of owners and occupiers of lots, if the services consist of 1 or more of the following types of services—\nmaintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing;\ncommunication services including, for example, the installation and supply of telephone, intercom, computer data and television;\ndomestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating.\nThe body corporate might engage a corporation to supply PABX services for the benefit of the owners and occupiers of lots.\nThe body corporate may, by agreement with a person for whom services are supplied, charge for the services, including for the installation of, and the maintenance and other operating costs associated with, utility infrastructure for the services, but only to the extent necessary for reimbursing the body corporate for supplying the services.\nSee also section 96 of the Act .\nIn acting under subsections (1) and (2) , the body corporate must, to the greatest practicable extent, ensure the total cost to the body corporate, other than body corporate administrative costs, for supplying a service, including the cost of a commercial service, and the cost of purchasing, operating, maintaining and replacing any equipment, is recovered from the users of the service.\n(sec.129-ssec.1) The body corporate may supply, or engage another person to supply, utility services and other services for the benefit of owners and occupiers of lots, if the services consist of 1 or more of the following types of services— maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing; communication services including, for example, the installation and supply of telephone, intercom, computer data and television; domestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating. The body corporate might engage a corporation to supply PABX services for the benefit of the owners and occupiers of lots.\n(sec.129-ssec.2) The body corporate may, by agreement with a person for whom services are supplied, charge for the services, including for the installation of, and the maintenance and other operating costs associated with, utility infrastructure for the services, but only to the extent necessary for reimbursing the body corporate for supplying the services. See also section 96 of the Act .\n(sec.129-ssec.3) In acting under subsections (1) and (2) , the body corporate must, to the greatest practicable extent, ensure the total cost to the body corporate, other than body corporate administrative costs, for supplying a service, including the cost of a commercial service, and the cost of purchasing, operating, maintaining and replacing any equipment, is recovered from the users of the service.\n- (a) maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing;\n- (b) communication services including, for example, the installation and supply of telephone, intercom, computer data and television;\n- (c) domestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating.","sortOrder":173},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Condition of lot","content":"## Condition of lot","sortOrder":174},{"sectionNumber":"sec.130","sectionType":"section","heading":"Obligations of owners and occupiers— Act , s 160 [ SM, s 211 ]","content":"### sec.130 Obligations of owners and occupiers— Act , s 160 [ SM, s 211 ]\n\nAn occupier of a lot included in the community titles scheme must keep in a clean and tidy condition the parts of the lot readily observable from another lot or common property.\nThe owner of a lot included in the scheme must maintain the lot in good condition.\nThe owner’s obligation under subsection (2) does not apply to a part of the lot the body corporate is required under this regulation to maintain in good condition.\nThe owner of a lot included in the scheme must maintain in good condition the utility infrastructure within the boundaries of the lot, and not part of common property, and if the utility infrastructure is in need of replacement, must replace it.\n(sec.130-ssec.1) An occupier of a lot included in the community titles scheme must keep in a clean and tidy condition the parts of the lot readily observable from another lot or common property.\n(sec.130-ssec.2) The owner of a lot included in the scheme must maintain the lot in good condition.\n(sec.130-ssec.3) The owner’s obligation under subsection (2) does not apply to a part of the lot the body corporate is required under this regulation to maintain in good condition.\n(sec.130-ssec.4) The owner of a lot included in the scheme must maintain in good condition the utility infrastructure within the boundaries of the lot, and not part of common property, and if the utility infrastructure is in need of replacement, must replace it.","sortOrder":175},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Power to act for owners and occupiers","content":"## Power to act for owners and occupiers","sortOrder":176},{"sectionNumber":"sec.131","sectionType":"section","heading":"Body corporate may carry out work required of owners and occupiers— Act , s 161 [ SM, s 212 ]","content":"### sec.131 Body corporate may carry out work required of owners and occupiers— Act , s 161 [ SM, s 212 ]\n\nThis section applies if the owner or occupier of a lot included in the community titles scheme does not carry out work that the owner or occupier has an obligation to carry out under—\na provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or\na notice given under another Act or a Commonwealth Act; or\nthe community management statement, including the by-laws; or\nan adjudicator’s order; or\nthe order of a court or QCAT.\nThe body corporate may carry out the work, and may recover the reasonable cost of carrying out the work from the owner of the lot as a debt.\n(sec.131-ssec.1) This section applies if the owner or occupier of a lot included in the community titles scheme does not carry out work that the owner or occupier has an obligation to carry out under— a provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or a notice given under another Act or a Commonwealth Act; or the community management statement, including the by-laws; or an adjudicator’s order; or the order of a court or QCAT.\n(sec.131-ssec.2) The body corporate may carry out the work, and may recover the reasonable cost of carrying out the work from the owner of the lot as a debt.\n- (a) a provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or\n- (b) a notice given under another Act or a Commonwealth Act; or\n- (c) the community management statement, including the by-laws; or\n- (d) an adjudicator’s order; or\n- (e) the order of a court or QCAT.","sortOrder":177},{"sectionNumber":"sec.132","sectionType":"section","heading":"Body corporate’s power to take action to remedy defective building work— Act , s 162 [ SM, s 213 ]","content":"### sec.132 Body corporate’s power to take action to remedy defective building work— Act , s 162 [ SM, s 213 ]\n\nIf building work carried out for the owner of a lot included in the community titles scheme is defective, the body corporate may bring a proceeding under the Queensland Building and Construction Commission Act 1991 or another law to have the defect remedied.\nIf a body corporate brings a proceeding under this section, the body corporate is subrogated to the contractual and other rights of the person for whom the building work was carried out.\n(sec.132-ssec.1) If building work carried out for the owner of a lot included in the community titles scheme is defective, the body corporate may bring a proceeding under the Queensland Building and Construction Commission Act 1991 or another law to have the defect remedied.\n(sec.132-ssec.2) If a body corporate brings a proceeding under this section, the body corporate is subrogated to the contractual and other rights of the person for whom the building work was carried out.","sortOrder":178},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":179},{"sectionNumber":"sec.133","sectionType":"section","heading":"Purpose of chapter [ SM, s 214 ]","content":"### sec.133 Purpose of chapter [ SM, s 214 ]\n\nThe purpose of this chapter is to prescribe matters about the rights and obligations of the body corporate for a community titles scheme for administrative arrangements and other general matters relating to the scheme.","sortOrder":180},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Address for service and related matters","content":"# Address for service and related matters","sortOrder":181},{"sectionNumber":"sec.134","sectionType":"section","heading":"Definitions for part [ SM, s 215 ]","content":"### sec.134 Definitions for part [ SM, s 215 ]\n\nIn this part—\ndocument includes a notice.\nrelevant person means a person whose address for service is required to be given to the body corporate under the Act .","sortOrder":182},{"sectionNumber":"sec.135","sectionType":"section","heading":"Address for service [ SM, s 216 ]","content":"### sec.135 Address for service [ SM, s 216 ]\n\nThe address for service for an owner of a lot, or a relevant person, must include—\nan Australian postal address; or\nif the owner, or relevant person, does not give an address mentioned in paragraph (a) —the residential or business address, whether inside or outside Australia, as last notified to the body corporate for the owner or relevant person.\nAlso, the owner of a lot, or a relevant person, may nominate an email address to be part of the address for service mentioned in subsection (1) .\nIf there are 2 or more co-owners for 1 lot, there must be only 1 address for service for the owners.\nIf the address for service includes an email address under subsection (2) , the owner of a lot is taken to have consented being given or served with, by email, any document or information that may be given to, or served on, the owner under the Act .\n(sec.135-ssec.1) The address for service for an owner of a lot, or a relevant person, must include— an Australian postal address; or if the owner, or relevant person, does not give an address mentioned in paragraph (a) —the residential or business address, whether inside or outside Australia, as last notified to the body corporate for the owner or relevant person.\n(sec.135-ssec.2) Also, the owner of a lot, or a relevant person, may nominate an email address to be part of the address for service mentioned in subsection (1) .\n(sec.135-ssec.3) If there are 2 or more co-owners for 1 lot, there must be only 1 address for service for the owners.\n(sec.135-ssec.4) If the address for service includes an email address under subsection (2) , the owner of a lot is taken to have consented being given or served with, by email, any document or information that may be given to, or served on, the owner under the Act .\n- (a) an Australian postal address; or\n- (b) if the owner, or relevant person, does not give an address mentioned in paragraph (a) —the residential or business address, whether inside or outside Australia, as last notified to the body corporate for the owner or relevant person.","sortOrder":183},{"sectionNumber":"sec.136","sectionType":"section","heading":"Change of address [ SM, s 217 ]","content":"### sec.136 Change of address [ SM, s 217 ]\n\nA person may change the person’s residential or business address or address for service by notice given to the body corporate.","sortOrder":184},{"sectionNumber":"sec.137","sectionType":"section","heading":"Giving documents or information to lot owners or relevant persons— Act , s 315A [SM, s 218 ]","content":"### sec.137 Giving documents or information to lot owners or relevant persons— Act , s 315A [SM, s 218 ]\n\nFor section 315A of the Act —\nif the document or information is given under sections 82 (3) (a) , 138 to 139 , 148A or 148C —the way stated in the section is prescribed; or\notherwise—the following ways are prescribed—\ndelivering it to the owner, or relevant person, personally;\nsending it to the owner’s, or relevant person’s, address for service;\nif an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement.\nA lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\ns 137 sub 2024 SL No. 40 s 45\n- (a) if the document or information is given under sections 82 (3) (a) , 138 to 139 , 148A or 148C —the way stated in the section is prescribed; or\n- (b) otherwise—the following ways are prescribed— (i) delivering it to the owner, or relevant person, personally; (ii) sending it to the owner’s, or relevant person’s, address for service; (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\n- (i) delivering it to the owner, or relevant person, personally;\n- (ii) sending it to the owner’s, or relevant person’s, address for service;\n- (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\n- (i) delivering it to the owner, or relevant person, personally;\n- (ii) sending it to the owner’s, or relevant person’s, address for service;\n- (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.","sortOrder":185},{"sectionNumber":"sec.138","sectionType":"section","heading":"Giving documents or information to persons in a way mentioned in this section [ SM, s 221 ]","content":"### sec.138 Giving documents or information to persons in a way mentioned in this section [ SM, s 221 ]\n\nThis section applies if, under a provision of this regulation, a document or information may be given to a person in a way mentioned in subsection (2) .\nThe document or information may be given—\npersonally; or\nby post; or\nby facsimile; or\nby electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\nscanning a proxy form and emailing it to the secretary\n(sec.138-ssec.1) This section applies if, under a provision of this regulation, a document or information may be given to a person in a way mentioned in subsection (2) .\n(sec.138-ssec.2) The document or information may be given— personally; or by post; or by facsimile; or by electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. scanning a proxy form and emailing it to the secretary\n- (a) personally; or\n- (b) by post; or\n- (c) by facsimile; or\n- (d) by electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. Example of giving a document under paragraph (d) — scanning a proxy form and emailing it to the secretary","sortOrder":186},{"sectionNumber":"sec.139","sectionType":"section","heading":"Service of documents or information on secretary generally [ SM, s 222 ]","content":"### sec.139 Service of documents or information on secretary generally [ SM, s 222 ]\n\nThis section applies if this regulation requires or permits a lot owner to give a document or information to, or serve a document on, the secretary of a body corporate for a scheme.\nThe requirement or permission is taken to be satisfied if the lot owner gives the document or information to, or serves the document on, a body corporate manager who has been authorised by the body corporate under section 119 (2) of the Act to exercise some or all of the powers of the secretary of the body corporate.\n(sec.139-ssec.1) This section applies if this regulation requires or permits a lot owner to give a document or information to, or serve a document on, the secretary of a body corporate for a scheme.\n(sec.139-ssec.2) The requirement or permission is taken to be satisfied if the lot owner gives the document or information to, or serves the document on, a body corporate manager who has been authorised by the body corporate under section 119 (2) of the Act to exercise some or all of the powers of the secretary of the body corporate.","sortOrder":187},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Notices, roll and registers","content":"# Notices, roll and registers","sortOrder":188},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Notices","content":"## Notices","sortOrder":189},{"sectionNumber":"sec.140","sectionType":"section","heading":"Notices of transfer and other matters— Act , s 201 [ SM, s 223 ]","content":"### sec.140 Notices of transfer and other matters— Act , s 201 [ SM, s 223 ]\n\nThis section applies to a lot included in the community titles scheme if 1 or more of the following events happens—\na person becomes the owner of the lot by transfer, transmission, or in another way;\na leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;\nthe owner of the lot engages a person to act for the owner in the letting or leasing of the lot;\nthe engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;\nthe lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;\nan interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\nThe person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event.\nMaximum penalty—20 penalty units.\nThe notice must—\nfor an event mentioned in subsection (1) (a) —\nbe given by the person who becomes the owner of the lot; and\nstate the person’s name and residential or business address; and\nunless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\ngive brief details about the way the person became the owner of the lot; and\nfor an event mentioned in subsection (1) (b) —\nbe given by the owner of the lot; and\nfor a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\nfor the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\nfor the termination of a leasehold interest—state when the interest was terminated; and\nfor an event mentioned in subsection (1) (c) —\nbe given by the owner of the lot; and\nstate the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\nfor an event mentioned in subsection (1) (d) —\nbe given by the owner of the lot; and\nstate when the engagement of the person was terminated; and\nfor an event mentioned in subsection (1) (e) or (f) —\nbe given by the registered mortgagee; and\nstate the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n(sec.140-ssec.1) This section applies to a lot included in the community titles scheme if 1 or more of the following events happens— a person becomes the owner of the lot by transfer, transmission, or in another way; a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated; the owner of the lot engages a person to act for the owner in the letting or leasing of the lot; the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated; the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot; an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\n(sec.140-ssec.2) The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event. Maximum penalty—20 penalty units.\n(sec.140-ssec.3) The notice must— for an event mentioned in subsection (1) (a) — be given by the person who becomes the owner of the lot; and state the person’s name and residential or business address; and unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and give brief details about the way the person became the owner of the lot; and for an event mentioned in subsection (1) (b) — be given by the owner of the lot; and for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and for the termination of a leasehold interest—state when the interest was terminated; and for an event mentioned in subsection (1) (c) — be given by the owner of the lot; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and for an event mentioned in subsection (1) (d) — be given by the owner of the lot; and state when the engagement of the person was terminated; and for an event mentioned in subsection (1) (e) or (f) — be given by the registered mortgagee; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (a) a person becomes the owner of the lot by transfer, transmission, or in another way;\n- (b) a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;\n- (c) the owner of the lot engages a person to act for the owner in the letting or leasing of the lot;\n- (d) the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;\n- (e) the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;\n- (f) an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\n- (a) for an event mentioned in subsection (1) (a) — (i) be given by the person who becomes the owner of the lot; and (ii) state the person’s name and residential or business address; and (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and (iv) give brief details about the way the person became the owner of the lot; and\n- (i) be given by the person who becomes the owner of the lot; and\n- (ii) state the person’s name and residential or business address; and\n- (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\n- (iv) give brief details about the way the person became the owner of the lot; and\n- (b) for an event mentioned in subsection (1) (b) — (i) be given by the owner of the lot; and (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\n- (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\n- (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (c) for an event mentioned in subsection (1) (c) — (i) be given by the owner of the lot; and (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (i) be given by the owner of the lot; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (d) for an event mentioned in subsection (1) (d) — (i) be given by the owner of the lot; and (ii) state when the engagement of the person was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) state when the engagement of the person was terminated; and\n- (e) for an event mentioned in subsection (1) (e) or (f) — (i) be given by the registered mortgagee; and (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (i) be given by the registered mortgagee; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (i) be given by the person who becomes the owner of the lot; and\n- (ii) state the person’s name and residential or business address; and\n- (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\n- (iv) give brief details about the way the person became the owner of the lot; and\n- (i) be given by the owner of the lot; and\n- (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\n- (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\n- (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (i) be given by the owner of the lot; and\n- (ii) state when the engagement of the person was terminated; and\n- (i) be given by the registered mortgagee; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.","sortOrder":190},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Roll and registers— Act , section 204","content":"## Roll and registers— Act , section 204","sortOrder":191},{"sectionNumber":"sec.141","sectionType":"section","heading":"Roll of lots and entitlements [ SM, s 224 ]","content":"### sec.141 Roll of lots and entitlements [ SM, s 224 ]\n\nThe body corporate must prepare and keep a roll containing the information required by this section.\nThe roll must contain—\nthe name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and\nthe contribution schedule lot entitlement of each lot included in the community titles scheme; and\nthe interest schedule lot entitlement of each lot included in the scheme; and\nthe name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and\nif the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and\nif there is a mortgagee in possession of a lot—\nthe name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\nwhen the body corporate received notice of the mortgagee’s entering into possession; and\nif the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\nthe information contained in any notice or instrument required to be given to the body corporate under sections 49 , 50 , 51 , 136 and 140 , including when the information was given; and\nbrief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n(sec.141-ssec.1) The body corporate must prepare and keep a roll containing the information required by this section.\n(sec.141-ssec.2) The roll must contain— the name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and the contribution schedule lot entitlement of each lot included in the community titles scheme; and the interest schedule lot entitlement of each lot included in the scheme; and the name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and if the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and if there is a mortgagee in possession of a lot— the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and when the body corporate received notice of the mortgagee’s entering into possession; and if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and the information contained in any notice or instrument required to be given to the body corporate under sections 49 , 50 , 51 , 136 and 140 , including when the information was given; and brief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n- (a) the name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and\n- (b) the contribution schedule lot entitlement of each lot included in the community titles scheme; and\n- (c) the interest schedule lot entitlement of each lot included in the scheme; and\n- (d) the name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and\n- (e) if the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and\n- (f) if there is a mortgagee in possession of a lot— (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and (ii) when the body corporate received notice of the mortgagee’s entering into possession; and (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\n- (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\n- (ii) when the body corporate received notice of the mortgagee’s entering into possession; and\n- (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\n- (g) the information contained in any notice or instrument required to be given to the body corporate under sections 49 , 50 , 51 , 136 and 140 , including when the information was given; and\n- (h) brief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n- (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\n- (ii) when the body corporate received notice of the mortgagee’s entering into possession; and\n- (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and","sortOrder":192},{"sectionNumber":"sec.142","sectionType":"section","heading":"When body corporate must record information on roll [ SM, s 225 ]","content":"### sec.142 When body corporate must record information on roll [ SM, s 225 ]\n\nThe body corporate must record information required to be contained on the roll within 14 days after the body corporate receives the information.","sortOrder":193},{"sectionNumber":"sec.143","sectionType":"section","heading":"Register of assets [ SM, s 226 ]","content":"### sec.143 Register of assets [ SM, s 226 ]\n\nThe body corporate must keep a register of body corporate assets and record in it all body corporate assets of more than $1,000 in value.\nThe register must show the following details for each asset recorded—\na brief description of the asset;\nwhether the asset was purchased or was a gift;\nwhen the asset became a body corporate asset;\nif the asset was purchased—\nthe cost of the asset; and\nthe name and address of the person from whom the asset was purchased;\nif the asset was a gift—\nits estimated value; and\nthe name and address of the donor.\n(sec.143-ssec.1) The body corporate must keep a register of body corporate assets and record in it all body corporate assets of more than $1,000 in value.\n(sec.143-ssec.2) The register must show the following details for each asset recorded— a brief description of the asset; whether the asset was purchased or was a gift; when the asset became a body corporate asset; if the asset was purchased— the cost of the asset; and the name and address of the person from whom the asset was purchased; if the asset was a gift— its estimated value; and the name and address of the donor.\n- (a) a brief description of the asset;\n- (b) whether the asset was purchased or was a gift;\n- (c) when the asset became a body corporate asset;\n- (d) if the asset was purchased— (i) the cost of the asset; and (ii) the name and address of the person from whom the asset was purchased;\n- (i) the cost of the asset; and\n- (ii) the name and address of the person from whom the asset was purchased;\n- (e) if the asset was a gift— (i) its estimated value; and (ii) the name and address of the donor.\n- (i) its estimated value; and\n- (ii) the name and address of the donor.\n- (i) the cost of the asset; and\n- (ii) the name and address of the person from whom the asset was purchased;\n- (i) its estimated value; and\n- (ii) the name and address of the donor.","sortOrder":194},{"sectionNumber":"sec.144","sectionType":"section","heading":"Register of allocations under exclusive use by-law [ SM, s 229 ]","content":"### sec.144 Register of allocations under exclusive use by-law [ SM, s 229 ]\n\nThis section applies if there is an exclusive use by-law, and, under the by-law, a person is authorised to allocate parts of the common property or body corporate assets for the purpose of the by-law.\nThe body corporate must keep a register of allocations, including an allocation under a reallocation agreement mentioned in chapter 3 , part 5 , division 2 of the Act , made under the exclusive use by-law.\nThe register must identify the following about each allocation—\nthe exclusive use by-law under which the allocation was made;\nthe common property or body corporate asset allocated;\nthe lot in whose favour the allocation was made.\n(sec.144-ssec.1) This section applies if there is an exclusive use by-law, and, under the by-law, a person is authorised to allocate parts of the common property or body corporate assets for the purpose of the by-law.\n(sec.144-ssec.2) The body corporate must keep a register of allocations, including an allocation under a reallocation agreement mentioned in chapter 3 , part 5 , division 2 of the Act , made under the exclusive use by-law.\n(sec.144-ssec.3) The register must identify the following about each allocation— the exclusive use by-law under which the allocation was made; the common property or body corporate asset allocated; the lot in whose favour the allocation was made.\n- (a) the exclusive use by-law under which the allocation was made;\n- (b) the common property or body corporate asset allocated;\n- (c) the lot in whose favour the allocation was made.","sortOrder":195},{"sectionNumber":"sec.145","sectionType":"section","heading":"Register of reserved issues [ SM, s 230 ]","content":"### sec.145 Register of reserved issues [ SM, s 230 ]\n\nA body corporate must keep a register of reserved issues if the body corporate, by ordinary resolution, reserves an issue for decision by ordinary resolution of the body corporate.\nThe following details about each reserved issue must be included in the register—\na description of the issue;\nthe date of the ordinary resolution of the body corporate reserving the issue.\nWhen notice of an annual general meeting for the body corporate is given, the notice must be accompanied by a copy of the register of reserved issues.\nIn this section—\nreserved issue means an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate.\n(sec.145-ssec.1) A body corporate must keep a register of reserved issues if the body corporate, by ordinary resolution, reserves an issue for decision by ordinary resolution of the body corporate.\n(sec.145-ssec.2) The following details about each reserved issue must be included in the register— a description of the issue; the date of the ordinary resolution of the body corporate reserving the issue.\n(sec.145-ssec.3) When notice of an annual general meeting for the body corporate is given, the notice must be accompanied by a copy of the register of reserved issues.\n(sec.145-ssec.4) In this section— reserved issue means an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate.\n- (a) a description of the issue;\n- (b) the date of the ordinary resolution of the body corporate reserving the issue.","sortOrder":196},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Documents, information and other matters","content":"# Documents, information and other matters","sortOrder":197},{"sectionNumber":"sec.146","sectionType":"section","heading":"Keeping and disposal of records— Act , s 204 [ SM, s 231 ]","content":"### sec.146 Keeping and disposal of records— Act , s 204 [ SM, s 231 ]\n\nThe body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal—\nthe body corporate’s accounting records and statements of account for each financial year;\nnotices given in relation to the community titles scheme by a public authority, local government or other authority;\norders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;\neach policy of insurance the body corporate puts in place;\ndocuments evidencing each engagement of a body corporate manager or service contractor;\neach agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law;\ncorrespondence received by the body corporate, and correspondence sent by the body corporate;\nall minutes of meetings of the committee;\nall minutes of general meetings of the body corporate, and all associated general meeting material;\nreports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement;\nany reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices.\nThe following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form—\nminutes of committee meetings and general meetings, including attachments;\nthe body corporate’s roll;\nregisters the body corporate is required to maintain.\nThe following documents may be disposed of 6 years after their creation or receipt—\nstatements of account, including certificates of auditors;\nnotices of meetings, including agendas and attachments;\ndocuments evidencing or detailing major repairs or installations carried out on the common property;\norders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;\nnotices given in relation to the scheme by a public authority, local government or other authority;\nwritten agreements to which the body corporate is a party;\nreports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\nThe following documents may be disposed of 2 years after their creation or receipt—\nassociated general meeting material, other than material mentioned in subsection (3) (b) ;\ncorrespondence of no significance or continuing interest;\nreconciliation statements and associated financial institution statements and invoices.\nDespite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following—\na contract that is in force for longer than 6 years;\na notice required to be given to the body corporate, if the information included in the notice is still current information.\nIn this section—\nassociated general meeting material means the following material related to general meetings of the body corporate—\nnotices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;\nnotices of motion received;\nproxy appointment documents;\nnotices by owners requesting general meetings;\ncopies of instruments, notices and powers of attorney given to the body corporate under section 49 , 50 or 51 .\n(sec.146-ssec.1) The body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal— the body corporate’s accounting records and statements of account for each financial year; notices given in relation to the community titles scheme by a public authority, local government or other authority; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority; each policy of insurance the body corporate puts in place; documents evidencing each engagement of a body corporate manager or service contractor; each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law; correspondence received by the body corporate, and correspondence sent by the body corporate; all minutes of meetings of the committee; all minutes of general meetings of the body corporate, and all associated general meeting material; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement; any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices.\n(sec.146-ssec.2) The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form— minutes of committee meetings and general meetings, including attachments; the body corporate’s roll; registers the body corporate is required to maintain.\n(sec.146-ssec.3) The following documents may be disposed of 6 years after their creation or receipt— statements of account, including certificates of auditors; notices of meetings, including agendas and attachments; documents evidencing or detailing major repairs or installations carried out on the common property; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders; notices given in relation to the scheme by a public authority, local government or other authority; written agreements to which the body corporate is a party; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\n(sec.146-ssec.4) The following documents may be disposed of 2 years after their creation or receipt— associated general meeting material, other than material mentioned in subsection (3) (b) ; correspondence of no significance or continuing interest; reconciliation statements and associated financial institution statements and invoices.\n(sec.146-ssec.5) Despite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following— a contract that is in force for longer than 6 years; a notice required to be given to the body corporate, if the information included in the notice is still current information.\n(sec.146-ssec.6) In this section— associated general meeting material means the following material related to general meetings of the body corporate— notices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices; notices of motion received; proxy appointment documents; notices by owners requesting general meetings; copies of instruments, notices and powers of attorney given to the body corporate under section 49 , 50 or 51 .\n- (a) the body corporate’s accounting records and statements of account for each financial year;\n- (b) notices given in relation to the community titles scheme by a public authority, local government or other authority;\n- (c) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;\n- (d) each policy of insurance the body corporate puts in place;\n- (e) documents evidencing each engagement of a body corporate manager or service contractor;\n- (f) each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law;\n- (g) correspondence received by the body corporate, and correspondence sent by the body corporate;\n- (h) all minutes of meetings of the committee;\n- (i) all minutes of general meetings of the body corporate, and all associated general meeting material;\n- (j) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement;\n- (k) any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices.\n- (a) minutes of committee meetings and general meetings, including attachments;\n- (b) the body corporate’s roll;\n- (c) registers the body corporate is required to maintain.\n- (a) statements of account, including certificates of auditors;\n- (b) notices of meetings, including agendas and attachments;\n- (c) documents evidencing or detailing major repairs or installations carried out on the common property;\n- (d) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;\n- (e) notices given in relation to the scheme by a public authority, local government or other authority;\n- (f) written agreements to which the body corporate is a party;\n- (g) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\n- (a) associated general meeting material, other than material mentioned in subsection (3) (b) ;\n- (b) correspondence of no significance or continuing interest;\n- (c) reconciliation statements and associated financial institution statements and invoices.\n- (a) a contract that is in force for longer than 6 years;\n- (b) a notice required to be given to the body corporate, if the information included in the notice is still current information.\n- (a) notices of meetings, including agendas, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;\n- (b) notices of motion received;\n- (c) proxy appointment documents;\n- (d) notices by owners requesting general meetings;\n- (e) copies of instruments, notices and powers of attorney given to the body corporate under section 49 , 50 or 51 .","sortOrder":198},{"sectionNumber":"sec.147","sectionType":"section","heading":"Access to records— Act , s 204 [ SM, s 232 ]","content":"### sec.147 Access to records— Act , s 204 [ SM, s 232 ]\n\nThe body corporate must allow the secretary and treasurer reasonable access, without payment of a fee, to the body corporate’s records.\nHowever, the body corporate is not required to allow a person access to records under this section if a legal proceeding between the body corporate and the person has started or is threatened and the records are privileged from disclosure.\nAlso, the body corporate is not required to allow a person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.\n(sec.147-ssec.1) The body corporate must allow the secretary and treasurer reasonable access, without payment of a fee, to the body corporate’s records.\n(sec.147-ssec.2) However, the body corporate is not required to allow a person access to records under this section if a legal proceeding between the body corporate and the person has started or is threatened and the records are privileged from disclosure.\n(sec.147-ssec.3) Also, the body corporate is not required to allow a person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.","sortOrder":199},{"sectionNumber":"sec.148","sectionType":"section","heading":"Fee for information given to interested persons— Act , s 205 [ SM, s 233 ]","content":"### sec.148 Fee for information given to interested persons— Act , s 205 [ SM, s 233 ]\n\nFor section 205 (2) of the Act —\nthe prescribed fee for inspection of the body corporate’s records is—\nif the person inspecting the records is an owner of a lot—18.25 fee units; or\nif the person inspecting the records is not an owner of a lot—35.10 fee units; and\nthe prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\nFor section 205 (5) of the Act , the fee prescribed is—\nif the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or\notherwise—76.75 fee units.\nA request for a body corporate certificate under section 205 (4) of the Act may include a request for the certificate to be given within 24 hours.\nA request for a body corporate certificate that includes a request made under subsection (3) must be accompanied by a priority fee of 27.35 fee units.\nThe priority fee payable under subsection (4) —\nis in addition to the fee payable under subsection (2) ; and\nmust be refunded if the requested body corporate certificate is not given within 24 hours.\nSubsection (7) applies for working out the amount of a fee under this section.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nSubsection (1) (a) (i) prescribes a fee of 18.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 18.25 would be $27.375. Because $27.375 is halfway between $27.35 and $27.40, it is rounded upwards, so the amount of the fee for subsection (1) (a) (i) would be $27.40.\ns 148 amd 2021 SL No. 84 s 18 ; 2022 SL No. 79 s 23 ; 2025 SL No. 50 s 21\n(sec.148-ssec.1) For section 205 (2) of the Act — the prescribed fee for inspection of the body corporate’s records is— if the person inspecting the records is an owner of a lot—18.25 fee units; or if the person inspecting the records is not an owner of a lot—35.10 fee units; and the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n(sec.148-ssec.2) For section 205 (5) of the Act , the fee prescribed is— if the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or otherwise—76.75 fee units.\n(sec.148-ssec.3) A request for a body corporate certificate under section 205 (4) of the Act may include a request for the certificate to be given within 24 hours.\n(sec.148-ssec.4) A request for a body corporate certificate that includes a request made under subsection (3) must be accompanied by a priority fee of 27.35 fee units.\n(sec.148-ssec.5) The priority fee payable under subsection (4) — is in addition to the fee payable under subsection (2) ; and must be refunded if the requested body corporate certificate is not given within 24 hours.\n(sec.148-ssec.6) Subsection (7) applies for working out the amount of a fee under this section.\n(sec.148-ssec.7) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). Subsection (1) (a) (i) prescribes a fee of 18.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 18.25 would be $27.375. Because $27.375 is halfway between $27.35 and $27.40, it is rounded upwards, so the amount of the fee for subsection (1) (a) (i) would be $27.40.\n- (a) the prescribed fee for inspection of the body corporate’s records is— (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or\n- (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (b) the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n- (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or\n- (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (a) if the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or\n- (b) otherwise—76.75 fee units.\n- (a) is in addition to the fee payable under subsection (2) ; and\n- (b) must be refunded if the requested body corporate certificate is not given within 24 hours.","sortOrder":200},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Giving information to interested person— Act , s 205 [SM, s 233A ]","content":"### sec.148A Giving information to interested person— Act , s 205 [SM, s 233A ]\n\nFor section 205 (2) (b) (ii) of the Act , the prescribed way is—\nby post; or\nby delivering it to the person personally.\ns 148A ins 2024 SL No. 40 s 46\n- (a) by post; or\n- (b) by delivering it to the person personally.","sortOrder":201},{"sectionNumber":"sec.148AA","sectionType":"section","heading":"Matters that must be included in approved form for body corporate certificate— Act , s 205AAA [SM, s 233A ]","content":"### sec.148AA Matters that must be included in approved form for body corporate certificate— Act , s 205AAA [SM, s 233A ]\n\nFor section 205AAA (a) of the Act , the following matters are prescribed—\ndetails of the lot and plan of subdivision, including—\nwhether the lot is included in—\na standard format plan of subdivision; or\na building format plan of subdivision; or\na volumetric plan of subdivision; and\nthe lot number and plan number;\ndetails of the scheme, including—\nthe name of the scheme; and\nthe regulation module applying to the scheme; and\nthe name and contact details of each person who is responsible for keeping body corporate records; and\nthe name and contact details of any body corporate manager for the scheme; and\nthe unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\nannual contributions fixed by the body corporate as payable by the owner of the lot;\nspecial contributions fixed by the body corporate as payable by the owner of the lot;\ndiscounts that apply to the payment of contributions;\npenalties that apply to the payment of contributions;\nother amounts associated with ownership of the lot that are payable to the body corporate;\nthe interest schedule lot entitlement for the lot;\nthe contribution schedule lot entitlement for the lot;\nany of the following amounts owed to the body corporate by the owner of the lot—\na contribution or an instalment of a contribution;\na penalty for not paying a contribution or an instalment of a contribution by the date for payment;\nanother amount associated with ownership of the lot;\nthe body corporate’s sinking fund balance;\nthe insurance held by the body corporate;\nwhether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;\nimprovements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;\neach body corporate asset that is required to be recorded on a register the body corporate keeps;\nany arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\nwhether the scheme is part of a layered arrangement of community titles schemes;\nthe most recent statement of accounts prepared under section 94 ;\nif the scheme was established for an existing 1980 plan—\nif the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\nif the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\nThe approved form may include provision for the following documents to be given with the form—\na document stating the details of each insurance policy held by the body corporate;\na copy of the statement of accounts mentioned in subsection (1) (r) ;\na document setting out the by-laws mentioned in subsection (1) (s) (i) in consolidated form;\na document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (s) (ii) .\nIn this section—\nstandard statement see section 339 of the Act .\ns 148AA ins 2024 SL No. 210 s 13\n(sec.148AA-ssec.1) For section 205AAA (a) of the Act , the following matters are prescribed— details of the lot and plan of subdivision, including— whether the lot is included in— a standard format plan of subdivision; or a building format plan of subdivision; or a volumetric plan of subdivision; and the lot number and plan number; details of the scheme, including— the name of the scheme; and the regulation module applying to the scheme; and the name and contact details of each person who is responsible for keeping body corporate records; and the name and contact details of any body corporate manager for the scheme; and the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ; annual contributions fixed by the body corporate as payable by the owner of the lot; special contributions fixed by the body corporate as payable by the owner of the lot; discounts that apply to the payment of contributions; penalties that apply to the payment of contributions; other amounts associated with ownership of the lot that are payable to the body corporate; the interest schedule lot entitlement for the lot; the contribution schedule lot entitlement for the lot; any of the following amounts owed to the body corporate by the owner of the lot— a contribution or an instalment of a contribution; a penalty for not paying a contribution or an instalment of a contribution by the date for payment; another amount associated with ownership of the lot; the body corporate’s sinking fund balance; the insurance held by the body corporate; whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included; improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot; each body corporate asset that is required to be recorded on a register the body corporate keeps; any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network; whether the scheme is part of a layered arrangement of community titles schemes; the most recent statement of accounts prepared under section 94 ; if the scheme was established for an existing 1980 plan— if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n(sec.148AA-ssec.2) The approved form may include provision for the following documents to be given with the form— a document stating the details of each insurance policy held by the body corporate; a copy of the statement of accounts mentioned in subsection (1) (r) ; a document setting out the by-laws mentioned in subsection (1) (s) (i) in consolidated form; a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (s) (ii) .\n(sec.148AA-ssec.3) In this section— standard statement see section 339 of the Act .\n- (a) details of the lot and plan of subdivision, including— (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and (ii) the lot number and plan number;\n- (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (ii) the lot number and plan number;\n- (b) details of the scheme, including— (i) the name of the scheme; and (ii) the regulation module applying to the scheme; and (iii) the name and contact details of each person who is responsible for keeping body corporate records; and (iv) the name and contact details of any body corporate manager for the scheme; and (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (i) the name of the scheme; and\n- (ii) the regulation module applying to the scheme; and\n- (iii) the name and contact details of each person who is responsible for keeping body corporate records; and\n- (iv) the name and contact details of any body corporate manager for the scheme; and\n- (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (c) annual contributions fixed by the body corporate as payable by the owner of the lot;\n- (d) special contributions fixed by the body corporate as payable by the owner of the lot;\n- (e) discounts that apply to the payment of contributions;\n- (f) penalties that apply to the payment of contributions;\n- (g) other amounts associated with ownership of the lot that are payable to the body corporate;\n- (h) the interest schedule lot entitlement for the lot;\n- (i) the contribution schedule lot entitlement for the lot;\n- (j) any of the following amounts owed to the body corporate by the owner of the lot— (i) a contribution or an instalment of a contribution; (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment; (iii) another amount associated with ownership of the lot;\n- (i) a contribution or an instalment of a contribution;\n- (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment;\n- (iii) another amount associated with ownership of the lot;\n- (k) the body corporate’s sinking fund balance;\n- (l) the insurance held by the body corporate;\n- (m) whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;\n- (n) improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;\n- (o) each body corporate asset that is required to be recorded on a register the body corporate keeps;\n- (p) any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\n- (q) whether the scheme is part of a layered arrangement of community titles schemes;\n- (r) the most recent statement of accounts prepared under section 94 ;\n- (s) if the scheme was established for an existing 1980 plan— (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\n- (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (ii) the lot number and plan number;\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (i) the name of the scheme; and\n- (ii) the regulation module applying to the scheme; and\n- (iii) the name and contact details of each person who is responsible for keeping body corporate records; and\n- (iv) the name and contact details of any body corporate manager for the scheme; and\n- (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (i) a contribution or an instalment of a contribution;\n- (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment;\n- (iii) another amount associated with ownership of the lot;\n- (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\n- (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (a) a document stating the details of each insurance policy held by the body corporate;\n- (b) a copy of the statement of accounts mentioned in subsection (1) (r) ;\n- (c) a document setting out the by-laws mentioned in subsection (1) (s) (i) in consolidated form;\n- (d) a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (s) (ii) .","sortOrder":202},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Fee for information given to interested person (layered arrangement)— Act , s 205AAB [SM, s 233B ]","content":"### sec.148B Fee for information given to interested person (layered arrangement)— Act , s 205AAB [SM, s 233B ]\n\nFor section 205AAB (2) of the Act —\nthe prescribed fee for inspecting the records is—\nif the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\nif the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\nif the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\nthe prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\nSection 148 (7) applies for working out the amount of a fee under this section.\ns 148B ins 2024 SL No. 40 s 46\namd 2025 SL No. 50 s 22\n(sec.148B-ssec.1) For section 205AAB (2) of the Act — the prescribed fee for inspecting the records is— if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or if the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n(sec.148B-ssec.2) Section 148 (7) applies for working out the amount of a fee under this section.\n- (a) the prescribed fee for inspecting the records is— (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or (ii) if the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\n- (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\n- (ii) if the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\n- (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\n- (b) the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n- (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\n- (ii) if the body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\n- (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and","sortOrder":203},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Giving information to interested person (layered arrangement)— Act , s 205AAB [SM, s 233C ]","content":"### sec.148C Giving information to interested person (layered arrangement)— Act , s 205AAB [SM, s 233C ]\n\nFor section 205AAB (2) (b) (ii) of the Act , the prescribed way is—\nby post; or\nby delivering it to the person personally.\ns 148C ins 2024 SL No. 40 s 46\n- (a) by post; or\n- (b) by delivering it to the person personally.","sortOrder":204},{"sectionNumber":"sec.149","sectionType":"section","heading":"Documents in custody of body corporate manager [ SM, s 234 ]","content":"### sec.149 Documents in custody of body corporate manager [ SM, s 234 ]\n\nThis section applies if—\na person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and\nthe person holds the document in photographic or electronic image form; and\nthe person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\nThe body corporate may require the person—\nto give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or\nto reproduce, and give to the body corporate, the document in paper form.\nThe person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2) .\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.149-ssec.1) This section applies if— a person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and the person holds the document in photographic or electronic image form; and the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\n(sec.149-ssec.2) The body corporate may require the person— to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or to reproduce, and give to the body corporate, the document in paper form.\n(sec.149-ssec.3) The person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2) . Maximum penalty for subsection (3) —20 penalty units.\n- (a) a person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and\n- (b) the person holds the document in photographic or electronic image form; and\n- (c) the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\n- (a) to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or\n- (b) to reproduce, and give to the body corporate, the document in paper form.","sortOrder":205},{"sectionNumber":"sec.150","sectionType":"section","heading":"Return of body corporate property [ SM, s 235 ]","content":"### sec.150 Return of body corporate property [ SM, s 235 ]\n\nThis section applies if—\na person has possession or control of any of the following property (the specified property )—\na body corporate asset for a community titles scheme;\na record or other document of a body corporate; and\nthe person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as—\na member, or an associate of a member, of the body corporate or of the committee; or\na body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\nthe original owner; and\nthe person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to—\nthe treasurer or secretary as named in the notice; or\nif a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\nThe person must comply with the notice.\nMaximum penalty—20 penalty units.\nThe person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\nIn this section—\nprescribed notice means—\na notice of a resolution of the committee; or\nif a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.\ns 150 amd 2024 SL No. 40 s 47\n(sec.150-ssec.1) This section applies if— a person has possession or control of any of the following property (the specified property )— a body corporate asset for a community titles scheme; a record or other document of a body corporate; and the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— a member, or an associate of a member, of the body corporate or of the committee; or a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or the original owner; and the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— the treasurer or secretary as named in the notice; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n(sec.150-ssec.2) The person must comply with the notice. Maximum penalty—20 penalty units.\n(sec.150-ssec.3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\n(sec.150-ssec.4) In this section— prescribed notice means— a notice of a resolution of the committee; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.\n- (a) a person has possession or control of any of the following property (the specified property )— (i) a body corporate asset for a community titles scheme; (ii) a record or other document of a body corporate; and\n- (i) a body corporate asset for a community titles scheme;\n- (ii) a record or other document of a body corporate; and\n- (b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— (i) a member, or an associate of a member, of the body corporate or of the committee; or (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or (iii) the original owner; and\n- (i) a member, or an associate of a member, of the body corporate or of the committee; or\n- (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\n- (iii) the original owner; and\n- (c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— (i) the treasurer or secretary as named in the notice; or (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (i) the treasurer or secretary as named in the notice; or\n- (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (i) a body corporate asset for a community titles scheme;\n- (ii) a record or other document of a body corporate; and\n- (i) a member, or an associate of a member, of the body corporate or of the committee; or\n- (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\n- (iii) the original owner; and\n- (i) the treasurer or secretary as named in the notice; or\n- (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (a) a notice of a resolution of the committee; or\n- (b) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.","sortOrder":206},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":207},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 om 2024 SL No. 40 s 48","sortOrder":208},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":209},{"sectionNumber":"sec.152","sectionType":"section","heading":"Repeal [ SM, s 237 ]","content":"### sec.152 Repeal [ SM, s 237 ]\n\nThe Body Corporate and Community Management (Small Schemes Module) Regulation 2008 , SL No. 272 is repealed.","sortOrder":210},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":211},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Purposes, definitions and general approach","content":"## Purposes, definitions and general approach","sortOrder":212},{"sectionNumber":"sec.153","sectionType":"section","heading":"Main purposes of part [ SM, s 238 ]","content":"### sec.153 Main purposes of part [ SM, s 238 ]\n\nThe main purposes of this part are as follows—\nto provide for provisions of this regulation that are substantially the same as provisions of the repealed regulation to be dealt with as replacements of the provisions of the repealed regulation;\nto provide for the continuation of particular matters dealt with under the repealed regulation;\nto provide for matters that were not dealt with in the repealed regulation that are dealt with under this regulation.\n- (a) to provide for provisions of this regulation that are substantially the same as provisions of the repealed regulation to be dealt with as replacements of the provisions of the repealed regulation;\n- (b) to provide for the continuation of particular matters dealt with under the repealed regulation;\n- (c) to provide for matters that were not dealt with in the repealed regulation that are dealt with under this regulation.","sortOrder":213},{"sectionNumber":"sec.154","sectionType":"section","heading":"Definitions for part [ SM, s 239 ]","content":"### sec.154 Definitions for part [ SM, s 239 ]\n\nIn this part—\nauthorised action or document means an action done or a document made or kept under a repealed provision.\ncorresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision.\nmade includes given and issued.\nobligation includes duty.\nrepealed , in relation to a stated provision that includes a number, means the provision of the repealed regulation with that number immediately before the repeal of that regulation.\nrepealed provision means a provision of the repealed regulation as in force immediately before the commencement.\nrepealed regulation means the Body Corporate and Community Management (Small Schemes Module) Regulation 2008 .","sortOrder":214},{"sectionNumber":"sec.155","sectionType":"section","heading":"Authorised action or document, obligation or protection under repealed provision [ SM, s 240 ]","content":"### sec.155 Authorised action or document, obligation or protection under repealed provision [ SM, s 240 ]\n\nThis section applies to—\nan authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and\nan entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and\na protection under a repealed provision that applied to an entity immediately before the commencement.\nSubject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a repealed provision, if there is a corresponding provision to the repealed provision, the authorised action or document, obligation or protection—\ncontinues in force or to have effect according to its terms; but\nis taken to have been done, made, kept or applied under the corresponding provision.\nSubsection (2)(b) applies whether or not the repealed provision refers to the authorised action or document, obligation or protection by reference to a provision of the repealed regulation.\nIn this section—\nprotection includes a statement that—\nthere is no liability; and\nthere is no invalidity; and\na person has an entitlement.\n(sec.155-ssec.1) This section applies to— an authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and an entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and a protection under a repealed provision that applied to an entity immediately before the commencement.\n(sec.155-ssec.2) Subject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a repealed provision, if there is a corresponding provision to the repealed provision, the authorised action or document, obligation or protection— continues in force or to have effect according to its terms; but is taken to have been done, made, kept or applied under the corresponding provision.\n(sec.155-ssec.3) Subsection (2)(b) applies whether or not the repealed provision refers to the authorised action or document, obligation or protection by reference to a provision of the repealed regulation.\n(sec.155-ssec.4) In this section— protection includes a statement that— there is no liability; and there is no invalidity; and a person has an entitlement.\n- (a) an authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and\n- (b) an entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and\n- (c) a protection under a repealed provision that applied to an entity immediately before the commencement.\n- (a) continues in force or to have effect according to its terms; but\n- (b) is taken to have been done, made, kept or applied under the corresponding provision.\n- (a) there is no liability; and\n- (b) there is no invalidity; and\n- (c) a person has an entitlement.","sortOrder":215},{"sectionNumber":"sec.156","sectionType":"section","heading":"Terminology in things mentioned in s 155(1) [ SM, s 241 ]","content":"### sec.156 Terminology in things mentioned in s 155(1) [ SM, s 241 ]\n\nThis section applies to a document that is—\nany of the things mentioned in section 155(1), including, for example, an authorised action or document; or\nevidence of any of the things.\nA reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this regulation.\nA proxy form given under the repealed regulation for a general meeting called but not held before the commencement is to be read as if the appointment of the proxy to which it relates were made under this regulation.\n(sec.156-ssec.1) This section applies to a document that is— any of the things mentioned in section 155(1), including, for example, an authorised action or document; or evidence of any of the things.\n(sec.156-ssec.2) A reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this regulation. A proxy form given under the repealed regulation for a general meeting called but not held before the commencement is to be read as if the appointment of the proxy to which it relates were made under this regulation.\n- (a) any of the things mentioned in section 155(1), including, for example, an authorised action or document; or\n- (b) evidence of any of the things.","sortOrder":216},{"sectionNumber":"sec.157","sectionType":"section","heading":"Period stated in repealed provision [ SM, s 242 ]","content":"### sec.157 Period stated in repealed provision [ SM, s 242 ]\n\nThis section applies if, in a repealed provision, there is a period for doing something, and the period for doing the thing started before the commencement and did not end before the commencement.\nIf there is a corresponding provision to the repealed provision and both the corresponding provision and the repealed provision state the same period, the period for the thing continues to have started from when the period started under the repealed provision.\nIf there is a corresponding provision to the repealed provision and the corresponding provision and the repealed provision state different periods—\nthe period stated in the repealed provision applies; and\nthe period for the thing continues to have started from when the period started under the repealed provision.\n(sec.157-ssec.1) This section applies if, in a repealed provision, there is a period for doing something, and the period for doing the thing started before the commencement and did not end before the commencement.\n(sec.157-ssec.2) If there is a corresponding provision to the repealed provision and both the corresponding provision and the repealed provision state the same period, the period for the thing continues to have started from when the period started under the repealed provision.\n(sec.157-ssec.3) If there is a corresponding provision to the repealed provision and the corresponding provision and the repealed provision state different periods— the period stated in the repealed provision applies; and the period for the thing continues to have started from when the period started under the repealed provision.\n- (a) the period stated in the repealed provision applies; and\n- (b) the period for the thing continues to have started from when the period started under the repealed provision.","sortOrder":217},{"sectionNumber":"sec.158","sectionType":"section","heading":"Period or date stated in document given under repealed provision [ SM, s 243 ]","content":"### sec.158 Period or date stated in document given under repealed provision [ SM, s 243 ]\n\nThis section applies if—\na repealed provision provided for a document to be made under it; and\nthere is a corresponding provision to the repealed provision; and\nunder the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\na remedial action notice under repealed section 68 that states a date by which a person must comply with the notice\nIf the document stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the repealed provision.\nIf the document stated a date before when or by when a thing is to be done, however expressed, the thing must be done by the stated date.\n(sec.158-ssec.1) This section applies if— a repealed provision provided for a document to be made under it; and there is a corresponding provision to the repealed provision; and under the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. a remedial action notice under repealed section 68 that states a date by which a person must comply with the notice\n(sec.158-ssec.2) If the document stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the repealed provision.\n(sec.158-ssec.3) If the document stated a date before when or by when a thing is to be done, however expressed, the thing must be done by the stated date.\n- (a) a repealed provision provided for a document to be made under it; and\n- (b) there is a corresponding provision to the repealed provision; and\n- (c) under the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. Example— a remedial action notice under repealed section 68 that states a date by which a person must comply with the notice\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the repealed provision.","sortOrder":218},{"sectionNumber":"sec.159","sectionType":"section","heading":"References to repealed regulation [ SM, s 244 ]","content":"### sec.159 References to repealed regulation [ SM, s 244 ]\n\nIn an Act or document, a reference to the repealed regulation is taken, if the context permits, to be a reference to this regulation.","sortOrder":219},{"sectionNumber":"sec.160","sectionType":"section","heading":"Acts Interpretation Act 1954, s 20 not limited [ SM, s 245 ]","content":"### sec.160 Acts Interpretation Act 1954, s 20 not limited [ SM, s 245 ]\n\nThis part does not limit the Acts Interpretation Act 1954 , section 20 .","sortOrder":220},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Specific provisions","content":"## Specific provisions","sortOrder":221},{"sectionNumber":"sec.161","sectionType":"section","heading":"When is general meeting called for this division [ SM, s 246 ]","content":"### sec.161 When is general meeting called for this division [ SM, s 246 ]\n\nFor this division, a general meeting is taken to have been called on the day notice of the meeting is given to each owner of a lot included in the community titles scheme and, if notice is given on different days, on the day the last of the owners is given notice.","sortOrder":222},{"sectionNumber":"sec.162","sectionType":"section","heading":"General meetings of body corporate called before commencement [ SM, s 247 ]","content":"### sec.162 General meetings of body corporate called before commencement [ SM, s 247 ]\n\nThis section applies to a general meeting of a body corporate called but not held before the commencement.\nThe repealed regulation continues to apply to a procedural step taken to call the meeting, and to the conduct of the meeting, as if this regulation had not been made and the repealed regulation continued in force.\nFor this section and without limiting section 161—\na general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and\nrepealed section 34 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and\nrepealed sections 38 and 40 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.\n(sec.162-ssec.1) This section applies to a general meeting of a body corporate called but not held before the commencement.\n(sec.162-ssec.2) The repealed regulation continues to apply to a procedural step taken to call the meeting, and to the conduct of the meeting, as if this regulation had not been made and the repealed regulation continued in force.\n(sec.162-ssec.3) For this section and without limiting section 161— a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and repealed section 34 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and repealed sections 38 and 40 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.\n- (a) a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and\n- (b) repealed section 34 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and\n- (c) repealed sections 38 and 40 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.","sortOrder":223},{"sectionNumber":"sec.163","sectionType":"section","heading":"Duty to consider defect assessment motion [ SM, s 248 ]","content":"### sec.163 Duty to consider defect assessment motion [ SM, s 248 ]\n\nSection 100(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.\nHowever, section 100(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.\nSection 100(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\nproperty, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.\nHowever, section 100(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\nproperty, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.\n(sec.163-ssec.1) Section 100(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.\n(sec.163-ssec.2) However, section 100(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.\n(sec.163-ssec.3) Section 100(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or property, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.\n(sec.163-ssec.4) However, section 100(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or property, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\n- (b) property, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\n- (b) property, other than body corporate assets the body corporate must insure under section 116(1), 117(2) or 118(2), is included on scheme land.","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Notice for breach of code of conduct [ SM, s 250 ]","content":"### sec.164 Notice for breach of code of conduct [ SM, s 250 ]\n\nThis section applies if, before the commencement—\nthe body corporate gave a notice under repealed section 16 to a voting member of the body corporate’s committee; and\na motion, mentioned in repealed section 17(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.\nRepealed sections 16 and 17 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.\n(sec.164-ssec.1) This section applies if, before the commencement— the body corporate gave a notice under repealed section 16 to a voting member of the body corporate’s committee; and a motion, mentioned in repealed section 17(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.\n(sec.164-ssec.2) Repealed sections 16 and 17 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.\n- (a) the body corporate gave a notice under repealed section 16 to a voting member of the body corporate’s committee; and\n- (b) a motion, mentioned in repealed section 17(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.","sortOrder":225},{"sectionNumber":"sec.165","sectionType":"section","heading":"Disclosure of commission or other benefit [ SM, s 251 ]","content":"### sec.165 Disclosure of commission or other benefit [ SM, s 251 ]\n\nThis section applies if, before the commencement—\na person has given written notice to the body corporate under repealed section 71(2); and\nthe body corporate has not made a decision to enter into the contract to which the notice relates.\nRepealed section 71 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.\n(sec.165-ssec.1) This section applies if, before the commencement— a person has given written notice to the body corporate under repealed section 71(2); and the body corporate has not made a decision to enter into the contract to which the notice relates.\n(sec.165-ssec.2) Repealed section 71 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.\n- (a) a person has given written notice to the body corporate under repealed section 71(2); and\n- (b) the body corporate has not made a decision to enter into the contract to which the notice relates.","sortOrder":226},{"sectionNumber":"sec.166","sectionType":"section","heading":"Continuation of approved forms [ SM, s 253 ]","content":"### sec.166 Continuation of approved forms [ SM, s 253 ]\n\nThis section applies if—\na form was approved by the chief executive for use for a repealed provision before the commencement; and\nthe form was in force immediately before the commencement; and\nthere is a corresponding provision to the repealed provision.\nThe form continues to have effect for this regulation until the end of 30 April 2021 and must be read with necessary changes.\n(sec.166-ssec.1) This section applies if— a form was approved by the chief executive for use for a repealed provision before the commencement; and the form was in force immediately before the commencement; and there is a corresponding provision to the repealed provision.\n(sec.166-ssec.2) The form continues to have effect for this regulation until the end of 30 April 2021 and must be read with necessary changes.\n- (a) a form was approved by the chief executive for use for a repealed provision before the commencement; and\n- (b) the form was in force immediately before the commencement; and\n- (c) there is a corresponding provision to the repealed provision.","sortOrder":227},{"sectionNumber":"sec.167","sectionType":"section","heading":"Notices for roll given before commencement [ SM, s 255 ]","content":"### sec.167 Notices for roll given before commencement [ SM, s 255 ]\n\nThis section applies in relation to a notice given to a body corporate under repealed section 127 before the commencement.\nSection 141(2)(g) does not apply to the notice.\nHowever, to the extent the notice contains any information mentioned in section 141(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.\nThe period mentioned in section 142 does not apply in relation to the notice.\nHowever, the body corporate must, as soon as practicable after the commencement, amend the roll to include any information contained in the notice.\n(sec.167-ssec.1) This section applies in relation to a notice given to a body corporate under repealed section 127 before the commencement.\n(sec.167-ssec.2) Section 141(2)(g) does not apply to the notice.\n(sec.167-ssec.3) However, to the extent the notice contains any information mentioned in section 141(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.\n(sec.167-ssec.4) The period mentioned in section 142 does not apply in relation to the notice.\n(sec.167-ssec.5) However, the body corporate must, as soon as practicable after the commencement, amend the roll to include any information contained in the notice.","sortOrder":228},{"sectionNumber":"sec.168","sectionType":"section","heading":"Address for service and email address given before commencement [ SM, s 256 ]","content":"### sec.168 Address for service and email address given before commencement [ SM, s 256 ]\n\nThis section applies if, before the commencement, an owner of a lot, or a relevant person, has given the body corporate an email address for the purpose of receiving any document or information that may be given to, or served on, a lot owner under the Act .\nFor section 135, the email address is taken to be an email address nominated under section 135(2).\nIn this section—\ndocument includes a notice.\nrelevant person see section 134.\n(sec.168-ssec.1) This section applies if, before the commencement, an owner of a lot, or a relevant person, has given the body corporate an email address for the purpose of receiving any document or information that may be given to, or served on, a lot owner under the Act .\n(sec.168-ssec.2) For section 135, the email address is taken to be an email address nominated under section 135(2).\n(sec.168-ssec.3) In this section— document includes a notice. relevant person see section 134.","sortOrder":229},{"sectionNumber":"ch.10-pt.2-div.3","sectionType":"division","heading":"Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024","content":"## Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024","sortOrder":230},{"sectionNumber":"sec.169","sectionType":"section","heading":"Definitions for part","content":"### sec.169 Definitions for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 169 ins 2024 SL No. 40 s 49","sortOrder":231},{"sectionNumber":"sec.170","sectionType":"section","heading":"Motions or requests submitted before commencement","content":"### sec.170 Motions or requests submitted before commencement\n\nThis section applies if—\nbefore the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and\nimmediately before the commencement, the motion or request has not been decided.\nIf the body corporate or the committee considers the motion or request after the commencement, the motion must be decided under the former regulation.\nIn this section—\nformer regulation means this regulation as in force immediately before the commencement.\ns 170 ins 2024 SL No. 40 s 49\n(sec.170-ssec.1) This section applies if— before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and immediately before the commencement, the motion or request has not been decided.\n(sec.170-ssec.2) If the body corporate or the committee considers the motion or request after the commencement, the motion must be decided under the former regulation.\n(sec.170-ssec.3) In this section— former regulation means this regulation as in force immediately before the commencement.\n- (a) before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and\n- (b) immediately before the commencement, the motion or request has not been decided.","sortOrder":232},{"sectionNumber":"sec.171","sectionType":"section","heading":"Particular minutes and records of motions","content":"### sec.171 Particular minutes and records of motions\n\nThis section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property—\nsubmitted for consideration to the committee before the commencement; and\nin relation to which, on the commencement—\na decision or deemed decision has not yet been made; or\na decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\nFormer section 23 continues to apply to the minutes and other records in relation to the motion or request.\nIn this section—\ncommunication by the secretary , in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 23.\ndeemed decision , in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee.\nfull and accurate minutes see former section 23(4).\nminutes and other records , of a committee, means the full and accurate minutes and the records of motions for the committee.\nrecord of motions see former section 23(4).\ns 171 ins 2024 SL No. 40 s 49\n(sec.171-ssec.1) This section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property— submitted for consideration to the committee before the commencement; and in relation to which, on the commencement— a decision or deemed decision has not yet been made; or a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n(sec.171-ssec.2) Former section 23 continues to apply to the minutes and other records in relation to the motion or request.\n(sec.171-ssec.3) In this section— communication by the secretary , in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 23. deemed decision , in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee. full and accurate minutes see former section 23(4). minutes and other records , of a committee, means the full and accurate minutes and the records of motions for the committee. record of motions see former section 23(4).\n- (a) submitted for consideration to the committee before the commencement; and\n- (b) in relation to which, on the commencement— (i) a decision or deemed decision has not yet been made; or (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n- (i) a decision or deemed decision has not yet been made; or\n- (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n- (i) a decision or deemed decision has not yet been made; or\n- (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.","sortOrder":233},{"sectionNumber":"sec.172","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—executed document","content":"### sec.172 Disposal of interest in and leasing or licensing of common property—executed document\n\nThis section applies if—\nbefore the commencement, a body corporate had executed a document to certify the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 103(5)(a); and\nimmediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\nFormer section 103 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Titles Act 1994 .\ns 172 ins 2024 SL No. 40 s 49\n(sec.172-ssec.1) This section applies if— before the commencement, a body corporate had executed a document to certify the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 103(5)(a); and immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n(sec.172-ssec.2) Former section 103 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Titles Act 1994 .\n- (a) before the commencement, a body corporate had executed a document to certify the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 103(5)(a); and\n- (b) immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.","sortOrder":234},{"sectionNumber":"sec.173","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—unexecuted document","content":"### sec.173 Disposal of interest in and leasing or licensing of common property—unexecuted document\n\nThis section applies if—\nbefore the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) was authorised or otherwise permitted under former section 103; and\nimmediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 103(5)(a).\nNew section 103 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.\ns 173 ins 2024 SL No. 40 s 49\n(sec.173-ssec.1) This section applies if— before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) was authorised or otherwise permitted under former section 103; and immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 103(5)(a).\n(sec.173-ssec.2) New section 103 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n- (a) before the commencement, a disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) was authorised or otherwise permitted under former section 103; and\n- (b) immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 103(5)(a).","sortOrder":235},{"sectionNumber":"sec.174","sectionType":"section","heading":"Easements over common property—executed document","content":"### sec.174 Easements over common property—executed document\n\nThis section applies if—\nbefore the commencement, a body corporate had, under former section 104—\nauthorised a transaction in relation to common property (the transaction ); and\ncertified a copy of a resolution, or resolutions, in relation to the transaction; and\nimmediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\nFormer section 104 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\ns 174 ins 2024 SL No. 40 s 49\n(sec.174-ssec.1) This section applies if— before the commencement, a body corporate had, under former section 104— authorised a transaction in relation to common property (the transaction ); and certified a copy of a resolution, or resolutions, in relation to the transaction; and immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n(sec.174-ssec.2) Former section 104 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\n- (a) before the commencement, a body corporate had, under former section 104— (i) authorised a transaction in relation to common property (the transaction ); and (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and\n- (i) authorised a transaction in relation to common property (the transaction ); and\n- (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and\n- (b) immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n- (i) authorised a transaction in relation to common property (the transaction ); and\n- (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and","sortOrder":236},{"sectionNumber":"sec.175","sectionType":"section","heading":"Easements over common property—unexecuted document","content":"### sec.175 Easements over common property—unexecuted document\n\nThis section applies if—\nbefore the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and\nimmediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a).\nNew section 104 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.\ns 175 ins 2024 SL No. 40 s 49\n(sec.175-ssec.1) This section applies if— before the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a).\n(sec.175-ssec.2) New section 104 applies to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n- (a) before the commencement, a grant or surrender of an easement over or affecting common property (a transaction ) was authorised under former section 104; and\n- (b) immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 104(3)(a).","sortOrder":237},{"sectionNumber":"sec.176","sectionType":"section","heading":"Original owner’s return of body corporate property—particular circumstances","content":"### sec.176 Original owner’s return of body corporate property—particular circumstances\n\nThis section applies if, before the commencement, an original owner—\nwas, under former section 44, required to provide documents and materials to a body corporate; and\nhad not provided the documents or materials.\nNew section 150 does not apply to the original owner.\ns 176 ins 2024 SL No. 40 s 49\n(sec.176-ssec.1) This section applies if, before the commencement, an original owner— was, under former section 44, required to provide documents and materials to a body corporate; and had not provided the documents or materials.\n(sec.176-ssec.2) New section 150 does not apply to the original owner.\n- (a) was, under former section 44, required to provide documents and materials to a body corporate; and\n- (b) had not provided the documents or materials.","sortOrder":238}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":502},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of providing a simplified governance framework for small community titles schemes. The 2024 amendments regarding animal approvals represent a targeted update rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to the Body Corporate and Community Management Act 1997 and other regulation modules","Multiple conditional exceptions (e.g., when identical ownership removes need for elections, when body corporate manager engaged)","Nested definitions and layered eligibility criteria for committee membership","Detailed procedural requirements for meetings, motions, voting and record-keeping","Financial thresholds and limits that vary by scheme size (e.g., $300 × number of lots for basic improvements)","2024 amendments adding animal approval processes with specific timeframes","Multiple resolution types required (ordinary, special, without dissent) with different thresholds"],"plain_english_summary":"This Queensland regulation governs how small community titles schemes (typically duplexes or small multi-unit developments) are managed. It establishes a streamlined committee structure where the **secretary and treasurer** (who may be the same person) form the entire committee, rather than having multiple committee members.\n\n**Key provisions include:**\n\n- **Committee composition**: The committee consists only of the secretary and treasurer, who must be elected annually. One person can hold both roles. Eligibility is restricted — body corporate managers, service contractors, their associates, and anyone owing body corporate debts cannot serve.\n\n- **Simplified decision-making**: The committee can make most day-to-day decisions, but \"restricted issues\" (like setting levies, changing owner rights, or starting legal proceedings) require general meeting approval.\n\n- **Body corporate manager option**: Small schemes can engage a body corporate manager to perform all committee, secretary and treasurer functions — effectively outsourcing management entirely.\n\n- **Meeting and voting rules**: Establishes procedures for annual and extraordinary general meetings, including quorum requirements, proxy voting, and how to handle competing motions on the same issue.\n\n- **Financial management**: Requires administrative and sinking funds, sets contribution rules, and limits committee spending without broader approval.\n\n- **Insurance and property**: Mandates building insurance, sets out maintenance responsibilities, and governs how common property can be improved, leased or sold.\n\nThe regulation aims to reduce administrative burden for small schemes while ensuring proper governance, financial accountability and owner protections."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to have remained broadly consistent with its original intent — providing a simplified governance framework specifically tailored to small community titles schemes in Queensland. The 2024 amendments adding pet approval rules (sections 19A, 19B, 32A, 32B) represent an expansion of detail within the existing framework rather than a fundamental change in scope. The core purpose of streamlining strata governance for small schemes remains intact throughout."},"complexity_factors":["Multiple layered decision-making structures with different rules depending on number of lots and ownership configurations (e.g., 2 lots same owner vs. 2 lots different owners vs. 3+ lots)","Different types of resolutions (ordinary, special, without dissent) with different voting thresholds that trigger different rules","Extensive cross-referencing to the parent Act (Body Corporate and Community Management Act) and other sections within the regulation, making it impossible to fully understand in isolation","Parallel governance pathways — either a volunteer committee OR a hired body corporate manager — each with its own distinct rules","Complex eligibility and disqualification rules for committee members with multiple exception categories","Tiered decision-making timelines with deemed approval consequences if deadlines are missed (particularly for pet approvals)","Same-issue motions voting procedure with multi-step tie-breaking rules","Interplay between committee-level decisions and general meeting decisions, with restricted issues creating a boundary that requires careful interpretation","Multiple overlapping timeframes (6 weeks, 21 days, 14 days, 12 weeks, 3 months, 12 months) applying to different procedural steps","Recent 2024 amendments adding pet approval rules that interact with both committee and general meeting processes"],"plain_english_summary":"This regulation sets detailed governance rules for small strata/community title schemes in Queensland, affecting lot owners, volunteer secretaries/treasurers, body corporate managers and contractors. It simplifies committee structure to just a secretary and treasurer, limits the committee’s power on major decisions, requires owner elections and removal procedures, mandates transparency and meeting/notice rules, allows hiring a professional manager by special resolution, and introduces strict timelines (and deemed approval) for pet requests. It determines who controls spending, votes, and dispute processes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the 2008 small‑schemes regulation it replaced, this regulation is more prescriptive and expands operational scope in several concrete ways: it (a) tightly defines committee composition and centralises committee authority in the secretary/treasurer roles (secs 8, 10–15); (b) limits body corporate manager engagements to short, generally 1‑year terms and requires specific written content and periodic reporting (secs 25, 26, 67–70, 28), increasing procurement and reporting obligations; (c) adds explicit disclosure duties for managers about associates, commissions and related contracts (secs 75–77), increasing transparency obligations; (d) creates new procedural rules for animal‑related approval requests with deemed approvals and fixed decision periods (secs 19A–19B, 32A–32B), changing the decision timetable and creating automatic outcomes; (e) prescribes detailed procurement and quotation processes tied to spending thresholds (secs 92–93); and (f) standardises and strengthens insurance, valuation and excess allocation rules including a $10m public risk floor and 5‑year valuation cadence (secs 119, 125). These additions increase administrative and compliance duties, introduce new time limits and deemed outcomes (affecting members’ decision rights), and extend record‑keeping and disclosure obligations beyond the narrower operational focus of the earlier regulation."},"complexity_factors":["Extensive length with over 170 numbered sections and many sub‑sections (chapters 3–10 covering committees, meetings, managers, finance, property, insurance and transitional arrangements).","Large number of cross‑references to the Body Corporate and Community Management Act and other Acts (frequent 'subject to' and 'see' references across the regulation).","Numerous defined categories and plan types (standard, building, volumetric plans) that change how rules apply (e.g. insurance, voting and levies).","Nested conditional rules and exceptions (e.g. committee decision limits that depend on number of owners, ownership identity, use of body corporate manager, and type of spending: secs 10, 12, 17, 91).","Multiple overlapping financial regimes: administrative fund, sinking fund, special levies, insurance contributions, discounts and penalties (secs 79–86, 82–85, 116–121).","Procurement and spending thresholds with tiered approval processes and separate rules for committees vs general meetings, including quotes and group voting rules (secs 91–93, 38–39).","Detailed disclosure and record‑keeping obligations (associate disclosures, manager reporting, asset registers, minutes, reconciliations) with prescribed timelines and penalties (secs 28, 75–77, 141–146, 148).","Transitional provisions and repeal of the 2008 module creating retention of legacy documents and special treatment for pre‑commencement actions (ch 10, secs 153–176).","Multiple offences and penalty units sprinkled through the regulation (record non‑compliance, late return of property, false proxy exercise).","Administrative detail for multiple stakeholders (owners, committee, secretary, treasurer, managers, mortgagees, insurers) producing interlocking duties to monitor."],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Sets who runs a \"small schemes\" body corporate and how decisions are made. The committee is made up only of the person(s) chosen as secretary and treasurer (they may be one person) (secs 8, 10–15). If the body corporate engages a body corporate manager to carry out committee, secretary and treasurer functions, there is no committee while that engagement operates (secs 8, 24–27).\n\n- Describes which decisions the committee cannot make (\"restricted issues\") and which require higher levels of member approval (e.g. fixing levies, changing owners' rights, starting most legal proceedings) (sec 17).\n\n- Prescribes how committee and general meetings are run: how motions are submitted and decided, timelines for decisions, voting rules, quorum rules, minutes and disclosure of records (secs 18–23, 31–57). It also creates rules for \"groups of same‑issue motions\" so alternate proposals on the same subject are voted together (secs 38–39).\n\n- Explains proxies, their form and use (secs 60–63), and who is a \"voter\" at meetings (sec 49).\n\n- Requires two annual budgets (administrative and sinking funds), sets rules for levying contributions, discounts for prompt payment, penalties for late payment, recovery of debts and borrowing limits (secs 79–86, 81–85, 90).\n\n- Regulates engagement, term and duties of body corporate managers and service contractors (short mandatory maximum terms, required written engagement content, reports to members, termination grounds and remedial notices) (chs 6 and 3, secs 24–28, 66–76, 68–71, 72–74).\n\n- Sets procurement and spending controls: spending thresholds for committee vs general meeting decisions, requirement for obtaining and circulating at least two quotes for major spending or manager/service engagements, and requirements for keeping those quotes on file (secs 91–93).\n\n- Prescribes property rules: maintenance responsibilities for common property and body corporate assets, how exclusive‑use by‑laws operate, how the body corporate may acquire, lease, sell or deal with common property and body corporate assets and easements (secs 99–109, 111–113, 103–105, 104).\n\n- Requires insurance arrangements: what must be insured (common property, buildings and assets), valuation every 5 years for reinstatement insurance, public risk minimum cover, contribution apportionment methodology and rules about excesses (secs 114–127, 119, 125).\n\n- Fixes mandatory records, registers and disclosure: roll of lots and entitlements, register of assets and reserved issues, record retention and inspection fees, and duties to supply documents (secs 141–146, 148–149, 153–171). Transitional provisions cover conversion from the 2008 small schemes regulation (chs 10).\n\nWho is affected\n\n- Owners and occupiers of lots: responsible for contributions, maintaining parts of their lot and some utility infrastructure, complying with exclusive‑use conditions and responding to notices (secs 79–86, 99, 106, 121).\n- Committee members (secretary/treasurer): decision‑making authority, conflict‑of‑interest limits, reporting obligations and potential removal for code breaches (secs 10, 16, 22, 23).\n- Body corporate managers and service contractors: short fixed maximum contract terms (generally 1 year), disclosure obligations (associates/commissions), reporting duties, limits on invoicing, and termination processes (secs 24–28, 67–76, 87).\n- Mortgagees, insurers, tenants, original owner and prospective purchasers: rights and registration consequences are covered (secs 50, 103–105, 115–120, 140, 148AA).\n\nWhy it matters — the incentives, costs and trade‑offs (source‑grounded)\n\n- Decision centralisation and representation: by defining the committee as only secretary/treasurer roles (sec 10) the regulation concentrates routine decision power in 1–2 people. That reduces the number of people who must coordinate meetings but also reduces the number of elected committee members representing owners.\n\n- Manager engagement and contract rhythm: a body corporate manager engagement under this module is short (maximum 1 year, secs 26, 68–70). That limits multi‑year lock‑ins (reducing long‑term vendor lock‑in) but increases contract renewal and procurement activity (administrative cost) and may raise turnover risk.\n\n- Transparency and conflict mitigation: managers and committees must disclose relationships with providers, commissions, and associated contracts before decisions (secs 75–77). Those disclosures increase paperwork and information flows but are targeted at reducing undisclosed conflicts of interest.\n\n- Spending and procurement controls: requiring 2 quotes and circulation for major spending and manager/service engagements (secs 92–93) raises upfront transaction costs (time, administration) but aims to reduce poor procurement decisions and concentrate comparable offers to members for voting.\n\n- Financial burden allocation: the regulation makes owners pay for insurance, valuations and levies proportionately (secs 116, 119, 120). It allows the body corporate to recover late fees, penalties and recovery costs, and to enforce debts as joint and several liabilities (secs 82–85). This clarifies who pays (owners) and how liabilities follow title.\n\n- Record‑keeping, compliance and enforcement: detailed registers, minutes, reconciliation statements and disclosure requirements (secs 23, 28, 89, 141–146) increase administrative load and the potential for enforcement action if records are incomplete. Fees for document inspection and body corporate certificates are prescribed (secs 148, 148B).\n\n- Insurance and risk allocation: the regulation prescribes full replacement‑value insurance, valuation intervals and public risk minimums (secs 116–125, 119). Owners carrying out improvements must notify the body corporate where premiums may be affected (secs 121, 126). These rules shift actuarial and administrative responsibilities onto the body corporate and owners, and require periodic valuations (cost) to ensure adequate cover.\n\nConcrete behaviour changes the instrument incentivises\n\n- Owners are incentivised to keep contributions current (discounts and interest penalties are set out at secs 83–85).\n- Bodies corporate will commonly engage managers for day‑to‑day administration within 1‑year contracts, use written procurement quotes for major work, and maintain structured record systems to meet reporting and disclosure obligations (secs 24–28, 92–93, 141–146).\n\nImplementation risks and compliance burdens\n\n- Administrative overhead: frequent procurement cycles (short manager terms), detailed quarterly/annual reporting (sec 28, 79, 94), and strict retention rules (sec 146) increase workload, particularly for small schemes with limited volunteer capacity.\n- Ambiguities and cross‑references: many provisions operate \"subject to\" or \"despite\" other Act/regulation provisions (numerous cross‑references to the Act and other modules), which creates interpretation and legal risk for bodies corporate and managers.\n\nKey sections for practical use\n\n- Committee composition and election: secs 8–15.\n- Manager engagement, term and reporting: secs 24–28, 67–71.\n- Budgets, levies and recovery: secs 79–86, 81–85.\n- Procurement/quotes and spending controls: secs 91–93.\n- Insurance obligations and valuations: secs 116–125, 119.\n- Records, registers and inspection fees: secs 141–149, 148.\n\nOfficial rationale and testing it against costs and incentives\n\nThe stated object is to prescribe committee composition, meeting rules, manager engagement, and related administrative, financial and property matters for small schemes (sec 9). The provisions achieve that through prescriptive operational detail (meeting mechanics, short manager terms, disclosure rules, procurement thresholds). The trade‑offs are explicit: stronger transparency and consumer protections (disclosure, insurance, procurement) at the cost of higher administrative effort, more frequent procurement cycles (manager turnover risk) and decreased informal flexibility for small volunteer bodies corporate (see secs 24–28, 67–77, 92–93, 119). The regulation shifts most direct financial costs (insurance, valuations, special levies, debt recovery) to lot owners while giving the body corporate formal powers to raise and enforce those amounts (secs 116, 119, 81, 85)."}},"importantCases":[],"_links":{"self":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020","history":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020/history","analysis":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020/analysis","conflicts":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020/conflicts","importantCases":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020/important-cases","documents":"/api/acts/body-corporate-and-community-management-small-schemes-module-regulation-2020/documents"}}