{"id":"qld:sl-2011-0305","name":"Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011","slug":"body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"305 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175692,"registerId":"qld-qld:sl-2011-0305-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.10","sectionType":"section","heading":"Purpose of ch 4","content":"### sec.10 Purpose of ch 4\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 specified two-lot scheme, including matters about rights and obligations of the body corporate.","sortOrder":1},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Authority and requirements for engagements","content":"# Authority and requirements for engagements","sortOrder":2},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authority to engage or amend engagement","content":"### sec.11 Authority to engage or amend engagement\n\nThe body corporate may engage, or amend the engagement of, a person as a body corporate manager or service contractor, only if the body corporate approves the engagement or amendment by a lot owner agreement.","sortOrder":3},{"sectionNumber":"sec.12","sectionType":"section","heading":"Form of engagement","content":"### sec.12 Form of engagement\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—\nbe in writing; and\nstate the terms of the engagement, including—\nwhen the term starts and ends; and\nthe term of any right or option of extension or renewal of the engagement; and\nstate the functions the body corporate manager or service contractor is required or authorised to carry out; and\nstate the basis for working out payment for the body corporate manager’s or service contractor’s services.\nA body corporate manager’s payment could be calculated on the basis of an amount for each lot.\nThe engagement must not be in the form of—\na by-law; or\nan instrument by which a person is authorised to act as the representative of an owner of a lot included in the scheme.\n(sec.12-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.12-ssec.2) The engagement must— be in writing; and state the terms of the engagement, including— when the term starts and ends; and the term of any right or option of extension or renewal of the engagement; and state the functions the body corporate manager or service contractor is required or authorised to carry out; and state the basis for working out payment for the body corporate manager’s or service contractor’s services. A body corporate manager’s payment could be calculated on the basis of an amount for each lot.\n(sec.12-ssec.3) The engagement must not be in the form of— a by-law; or an instrument by which a person is authorised to act as the representative of an owner of a lot included in the scheme.\n- (a) be in writing; and\n- (b) state the terms of the engagement, including— (i) when the term starts and ends; and (ii) the term of any right or option of extension or renewal of the engagement; and\n- (i) when the term starts and ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- (c) state the functions the body corporate manager or service contractor is required or authorised to carry out; and\n- (d) state the basis for working out payment for the body corporate manager’s or service contractor’s services. Example— A body corporate manager’s payment could be calculated on the basis of an amount for each lot.\n- (i) when the term starts and ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- (a) a by-law; or\n- (b) an instrument by which a person is authorised to act as the representative of an owner of a lot included in the scheme.","sortOrder":4},{"sectionNumber":"sec.13","sectionType":"section","heading":"Term of engagement of body corporate manager or service contractor","content":"### sec.13 Term of engagement of body corporate manager or service contractor\n\nThe term of the engagement of a person as a body corporate manager or a service contractor must not be longer than 1 year after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to.\nThe engagement of a body corporate manager starts on 1 January 2012 and is for a term of 1 year. The engagement can not end later than 31 December 2012.\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 or as a service contractor without a new engagement.\n(sec.13-ssec.1) The term of the engagement of a person as a body corporate manager or a service contractor must not be longer than 1 year after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to. The engagement of a body corporate manager starts on 1 January 2012 and is for a term of 1 year. The engagement can not end later than 31 December 2012.\n(sec.13-ssec.2) If the term purports to be longer than 1 year, it is taken to be 1 year.\n(sec.13-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 or as a service contractor without a new engagement.\n- (a) the engagement expires; and\n- (b) the person can not act again as the body corporate manager or as a service contractor without a new engagement.","sortOrder":5},{"sectionNumber":"sec.14","sectionType":"section","heading":"Start of term of engagement","content":"### sec.14 Start of term of engagement\n\nThis section applies if the body corporate approves the engagement of a person as a body corporate manager or service contractor by a lot owner agreement.\nThe body corporate’s approval is of no effect if the term of the engagement does not start within 1 year after the date of the lot owner agreement.\n(sec.14-ssec.1) This section applies if the body corporate approves the engagement of a person as a body corporate manager or service contractor by a lot owner agreement.\n(sec.14-ssec.2) The body corporate’s approval is of no effect if the term of the engagement does not start within 1 year after the date of the lot owner agreement.","sortOrder":6},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Termination of engagements","content":"# Termination of engagements","sortOrder":7},{"sectionNumber":"sec.15","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.15 Purpose of pt 3\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":8},{"sectionNumber":"sec.16","sectionType":"section","heading":"Termination under the Act , by agreement etc.","content":"### sec.16 Termination under the Act , by agreement etc.\n\nThe body corporate may terminate a person’s engagement as a body corporate manager or service contractor—\nunder the Act ; or\nunder the terms of the engagement; or\nby agreement between the body corporate and the person to terminate the engagement.\nThe body corporate may act under subsection (1) only if the termination is approved by a lot owner agreement.\n(sec.16-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor— under the Act ; or under the terms of the engagement; or by agreement between the body corporate and the person to terminate the engagement.\n(sec.16-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by a lot owner agreement.\n- (a) under the Act ; or\n- (b) under the terms of the engagement; or\n- (c) by agreement between the body corporate and the person to terminate the engagement.","sortOrder":9},{"sectionNumber":"sec.17","sectionType":"section","heading":"Termination for conviction of particular offences etc.","content":"### sec.17 Termination for conviction of particular offences etc.\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 a lot owner agreement.\nIn this section—\nindictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence.\n(sec.17-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.17-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by a lot owner agreement.\n(sec.17-ssec.3) In this section— indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 , applies to the indictable offence.\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":10},{"sectionNumber":"sec.18","sectionType":"section","heading":"Termination for failure to comply with remedial action notice","content":"### sec.18 Termination for failure to comply with remedial action notice\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\nfor a body corporate manager—\nfails to comply with section 19 (2) , 20 (2) or 21 (2) ; or\ncontravenes the code of conduct for body corporate managers and caretaking service contractors.\nThe body corporate may act under subsection (1) only if—\nthe body corporate gives the person a remedial action notice in accordance with 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 a lot owner agreement.\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 (c) ;\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 section of this regulation the body corporate believes has not been complied with; or\nthe provision of the code of conduct 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 failure to comply or the contravention;\nthat if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.\n(sec.18-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 for a body corporate manager— fails to comply with section 19 (2) , 20 (2) or 21 (2) ; or contravenes the code of conduct for body corporate managers and caretaking service contractors.\n(sec.18-ssec.2) The body corporate may act under subsection (1) only if— the body corporate gives the person a remedial action notice in accordance with 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 a lot owner agreement.\n(sec.18-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 (c) ; 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 section of this regulation the body corporate believes has not been complied with; or the provision of the code of conduct 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 failure to comply or the contravention; that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement.\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) for a body corporate manager— (i) fails to comply with section 19 (2) , 20 (2) or 21 (2) ; or (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors.\n- (i) fails to comply with section 19 (2) , 20 (2) or 21 (2) ; or\n- (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors.\n- (i) fails to comply with section 19 (2) , 20 (2) or 21 (2) ; or\n- (ii) contravenes the code of conduct for body corporate managers and caretaking service contractors.\n- (a) the body corporate gives the person a remedial action notice in accordance with 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 a lot owner agreement.\n- (a) that the body corporate believes the person has acted in a way mentioned in subsection (1) (a) to (c) ;\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 section of this regulation the body corporate believes has not been complied with; or (iv) the provision of the code of conduct 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 section of this regulation the body corporate believes has not been complied with; or\n- (iv) the provision of the code of conduct 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 failure to comply or the contravention;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the failure to comply or 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 section of this regulation the body corporate believes has not been complied with; or\n- (iv) the provision of the code of conduct 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 failure to comply or the contravention;","sortOrder":11},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Disclosure requirements","content":"# Disclosure requirements","sortOrder":12},{"sectionNumber":"sec.19","sectionType":"section","heading":"Associate supplying goods or services","content":"### sec.19 Associate supplying goods or services\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 the 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.\n(sec.19-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 the body corporate manager; and the body corporate manager is aware of the matters mentioned in paragraphs (a) to (c) .\n(sec.19-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 the body corporate manager; and\n- (d) the body corporate manager is aware of the matters mentioned in paragraphs (a) to (c) .","sortOrder":13},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disclosure of associate contract","content":"### sec.20 Disclosure of associate contract\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 the body corporate manager; and\nthe body corporate manager is aware of the matters mentioned in paragraphs (a) to (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, as soon as practicable 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.20-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 the body corporate manager; and the body corporate manager is aware of the matters mentioned in paragraphs (a) to (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.20-ssec.2) The body corporate manager must, as soon as practicable 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 the body corporate manager; and\n- (d) the body corporate manager is aware of the matters mentioned in paragraphs (a) to (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":14},{"sectionNumber":"sec.21","sectionType":"section","heading":"Disclosure of commission, payment or other benefit","content":"### sec.21 Disclosure of commission, payment or other benefit\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, the 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\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.\ns 21 amd 2020 SL No. 232 s 4\n(sec.21-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, the 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\n(sec.21-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.\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, the 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. Example of commission for paragraph (c) — a commission received by a body corporate manager from an insurance company\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":15},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":16},{"sectionNumber":"sec.22","sectionType":"section","heading":"Purpose of ch 5","content":"### sec.22 Purpose of ch 5\n\nThe purpose of this chapter is to prescribe the financial management arrangements that apply to the body corporate for a specified two-lot scheme.","sortOrder":17},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Agreed body corporate expense","content":"# Agreed body corporate expense","sortOrder":18},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of agreed body corporate expense","content":"### sec.23 Meaning of agreed body corporate expense\n\nAn agreed body corporate expense is an item of expenditure that the body corporate has decided, by a lot owner agreement, to incur.\nAlso, an item of expenditure is taken to be an agreed body corporate expense if the expenditure is necessary to comply with—\nan item of expenditure that the body corporate is required to incur under the Act , or this regulation; or\na statutory order or notice given to the body corporate; or\nan order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or\na judgment or order of a court; or\nan order of QCAT.\n(sec.23-ssec.1) An agreed body corporate expense is an item of expenditure that the body corporate has decided, by a lot owner agreement, to incur.\n(sec.23-ssec.2) Also, an item of expenditure is taken to be an agreed body corporate expense if the expenditure is necessary to comply with— an item of expenditure that the body corporate is required to incur under the Act , or this regulation; or a statutory order or notice given to the body corporate; or an order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or a judgment or order of a court; or an order of QCAT.\n- (a) an item of expenditure that the body corporate is required to incur under the Act , or this regulation; or\n- (b) a statutory order or notice given to the body corporate; or\n- (c) an order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or\n- (d) a judgment or order of a court; or\n- (e) an order of QCAT.","sortOrder":19},{"sectionNumber":"sec.24","sectionType":"section","heading":"Contributions by owners to agreed body corporate expense","content":"### sec.24 Contributions by owners to agreed body corporate expense\n\nThe owner of each lot is liable to pay a contribution to an agreed body corporate expense.\nThe contributions payable by the owner of each lot must be proportionate to the contribution schedule lot entitlement of the lot.\nIn this section—\ncontributions does not include 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.\nFor examples of other matters for subsection (3) , see—\nsection 48 (Insurance of common property and body corporate assets)\nsection 52 (Premium)\nsection 53 (Improvements affecting premium).\n(sec.24-ssec.1) The owner of each lot is liable to pay a contribution to an agreed body corporate expense.\n(sec.24-ssec.2) The contributions payable by the owner of each lot must be proportionate to the contribution schedule lot entitlement of the lot.\n(sec.24-ssec.3) In this section— contributions does not include 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. For examples of other matters for subsection (3) , see— section 48 (Insurance of common property and body corporate assets) section 52 (Premium) section 53 (Improvements affecting premium).\n- • section 48 (Insurance of common property and body corporate assets)\n- • section 52 (Premium)\n- • section 53 (Improvements affecting premium).","sortOrder":20},{"sectionNumber":"sec.25","sectionType":"section","heading":"When contribution to agreed body corporate expense becomes payable","content":"### sec.25 When contribution to agreed body corporate expense becomes payable\n\nA contribution to an agreed body corporate expense is payable on or before the date for payment fixed by—\nthe body corporate by a lot owner agreement; or\na statutory order or notice given to the body corporate; or\nan order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or\na judgment or order of a court; or\nan order of QCAT.\nHowever, if a date for payment is not fixed, the contribution is payable on or before the date for payment stated in a contribution notice given under section 26 (2) .\n(sec.25-ssec.1) A contribution to an agreed body corporate expense is payable on or before the date for payment fixed by— the body corporate by a lot owner agreement; or a statutory order or notice given to the body corporate; or an order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or a judgment or order of a court; or an order of QCAT.\n(sec.25-ssec.2) However, if a date for payment is not fixed, the contribution is payable on or before the date for payment stated in a contribution notice given under section 26 (2) .\n- (a) the body corporate by a lot owner agreement; or\n- (b) a statutory order or notice given to the body corporate; or\n- (c) an order of an adjudicator, including an order for expenditure that an adjudicator is satisfied is required to meet an emergency; or\n- (d) a judgment or order of a court; or\n- (e) an order of QCAT.","sortOrder":21},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice of contribution payable for agreed body corporate expense","content":"### sec.26 Notice of contribution payable for agreed body corporate expense\n\nThis section applies if the body corporate or an owner of a lot included in a specified two-lot scheme receives written notice of an agreed body corporate expense.\na tax invoice from a plumber for a maintenance service that is an agreed body corporate expense\na notice of a premium or other charge payable for insurance required to be taken out by the body corporate under this regulation\nThe owner of a lot may give the owner of the other lot included in the scheme a written notice (a contribution notice ) stating—\nthe total amount of the agreed body corporate expense payable by the body corporate; and\nthe proportion of the total amount that is the contribution to be paid by the owner of each lot; and\nthe date (the date for payment ) on or before which the contribution is payable.\nIf the owner of a lot gives a contribution notice under this section, the notice must be given as soon as practicable after the notice of an agreed body corporate expense is received.\nA date for payment stated in a contribution notice must be no later than the date for payment stated in the notice of an agreed body corporate expense.\nHowever, if the notice of an agreed body corporate expense does not state a date for payment, the date for payment must be at least 30 days after the day the contribution notice is served.\nA contribution notice may be served on the owner of a lot at the owner’s address for service, or in the way directed by the owner.\nSee also section 82 (Administrative and sinking funds under previous regulation).\n(sec.26-ssec.1) This section applies if the body corporate or an owner of a lot included in a specified two-lot scheme receives written notice of an agreed body corporate expense. a tax invoice from a plumber for a maintenance service that is an agreed body corporate expense a notice of a premium or other charge payable for insurance required to be taken out by the body corporate under this regulation\n(sec.26-ssec.2) The owner of a lot may give the owner of the other lot included in the scheme a written notice (a contribution notice ) stating— the total amount of the agreed body corporate expense payable by the body corporate; and the proportion of the total amount that is the contribution to be paid by the owner of each lot; and the date (the date for payment ) on or before which the contribution is payable.\n(sec.26-ssec.3) If the owner of a lot gives a contribution notice under this section, the notice must be given as soon as practicable after the notice of an agreed body corporate expense is received.\n(sec.26-ssec.4) A date for payment stated in a contribution notice must be no later than the date for payment stated in the notice of an agreed body corporate expense.\n(sec.26-ssec.5) However, if the notice of an agreed body corporate expense does not state a date for payment, the date for payment must be at least 30 days after the day the contribution notice is served.\n(sec.26-ssec.6) A contribution notice may be served on the owner of a lot at the owner’s address for service, or in the way directed by the owner. See also section 82 (Administrative and sinking funds under previous regulation).\n- • a tax invoice from a plumber for a maintenance service that is an agreed body corporate expense\n- • a notice of a premium or other charge payable for insurance required to be taken out by the body corporate under this regulation\n- (a) the total amount of the agreed body corporate expense payable by the body corporate; and\n- (b) the proportion of the total amount that is the contribution to be paid by the owner of each lot; and\n- (c) the date (the date for payment ) on or before which the contribution is payable.","sortOrder":22},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Payment and recovery of contributions","content":"# Payment and recovery of contributions","sortOrder":23},{"sectionNumber":"sec.27","sectionType":"section","heading":"Payment and recovery of contributions and associated amounts","content":"### sec.27 Payment and recovery of contributions and associated amounts\n\nThis section applies if—\nan owner of a lot included in a specified two-lot scheme (the defaulting owner ) does not pay a contribution by a date for payment—\nfixed in a way mentioned in section 25 (1) ; or\nstated in a contribution notice given under section 26 (2) ; and\nthe owner of the other lot included in the scheme (the contributing owner ) pays the contributing owner’s contribution by the date for payment.\nThe contributing owner may—\npay, on behalf of the defaulting owner, the defaulting owner’s contribution or any penalty for not paying the contribution by the date for payment; and\nrecover each of the following amounts as a debt from the defaulting owner—\nthe amount of the defaulting owner’s contribution;\nany penalty for not paying the contribution by the date for payment;\nany costs reasonably incurred by the contributing owner in recovering an amount mentioned in subparagraph (i) or (ii) .\nIf the contributing owner does not pay the defaulting owner’s contribution or any penalty under subsection (2) (a) , the body corporate may recover each of the following amounts as a debt from the defaulting owner—\nthe amount of the defaulting owner’s contribution;\nany penalty for not paying the contribution by the date for payment;\nany costs reasonably incurred by the body corporate in recovering an amount mentioned in paragraph (a) or (b) .\nThe contributing owner may start proceedings, on behalf of the body corporate, to recover an amount mentioned in subsection (3) .\nA liability to pay an amount mentioned in subsection (2) (b) or (3) 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 an amount mentioned in subsection (2) (b) or (3) in relation to the lot.\nIn this section—\npenalty means a penalty imposed by an entity under a contract between the entity and the body corporate for the supply of goods or services, including, for example, a late payment fee.\n(sec.27-ssec.1) This section applies if— an owner of a lot included in a specified two-lot scheme (the defaulting owner ) does not pay a contribution by a date for payment— fixed in a way mentioned in section 25 (1) ; or stated in a contribution notice given under section 26 (2) ; and the owner of the other lot included in the scheme (the contributing owner ) pays the contributing owner’s contribution by the date for payment.\n(sec.27-ssec.2) The contributing owner may— pay, on behalf of the defaulting owner, the defaulting owner’s contribution or any penalty for not paying the contribution by the date for payment; and recover each of the following amounts as a debt from the defaulting owner— the amount of the defaulting owner’s contribution; any penalty for not paying the contribution by the date for payment; any costs reasonably incurred by the contributing owner in recovering an amount mentioned in subparagraph (i) or (ii) .\n(sec.27-ssec.3) If the contributing owner does not pay the defaulting owner’s contribution or any penalty under subsection (2) (a) , the body corporate may recover each of the following amounts as a debt from the defaulting owner— the amount of the defaulting owner’s contribution; any penalty for not paying the contribution by the date for payment; any costs reasonably incurred by the body corporate in recovering an amount mentioned in paragraph (a) or (b) .\n(sec.27-ssec.4) The contributing owner may start proceedings, on behalf of the body corporate, to recover an amount mentioned in subsection (3) .\n(sec.27-ssec.5) A liability to pay an amount mentioned in subsection (2) (b) or (3) 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.27-ssec.6) If there are 2 or more co-owners of a lot, the co-owners are jointly and severally liable to pay an amount mentioned in subsection (2) (b) or (3) in relation to the lot.\n(sec.27-ssec.7) In this section— penalty means a penalty imposed by an entity under a contract between the entity and the body corporate for the supply of goods or services, including, for example, a late payment fee.\n- (a) an owner of a lot included in a specified two-lot scheme (the defaulting owner ) does not pay a contribution by a date for payment— (i) fixed in a way mentioned in section 25 (1) ; or (ii) stated in a contribution notice given under section 26 (2) ; and\n- (i) fixed in a way mentioned in section 25 (1) ; or\n- (ii) stated in a contribution notice given under section 26 (2) ; and\n- (b) the owner of the other lot included in the scheme (the contributing owner ) pays the contributing owner’s contribution by the date for payment.\n- (i) fixed in a way mentioned in section 25 (1) ; or\n- (ii) stated in a contribution notice given under section 26 (2) ; and\n- (a) pay, on behalf of the defaulting owner, the defaulting owner’s contribution or any penalty for not paying the contribution by the date for payment; and\n- (b) recover each of the following amounts as a debt from the defaulting owner— (i) the amount of the defaulting owner’s contribution; (ii) any penalty for not paying the contribution by the date for payment; (iii) any costs reasonably incurred by the contributing owner in recovering an amount mentioned in subparagraph (i) or (ii) .\n- (i) the amount of the defaulting owner’s contribution;\n- (ii) any penalty for not paying the contribution by the date for payment;\n- (iii) any costs reasonably incurred by the contributing owner in recovering an amount mentioned in subparagraph (i) or (ii) .\n- (i) the amount of the defaulting owner’s contribution;\n- (ii) any penalty for not paying the contribution by the date for payment;\n- (iii) any costs reasonably incurred by the contributing owner in recovering an amount mentioned in subparagraph (i) or (ii) .\n- (a) the amount of the defaulting owner’s contribution;\n- (b) any penalty for not paying the contribution by the date for payment;\n- (c) any costs reasonably incurred by the body corporate in recovering an amount mentioned in paragraph (a) or (b) .\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.","sortOrder":24},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Borrowing","content":"# Borrowing","sortOrder":25},{"sectionNumber":"sec.28","sectionType":"section","heading":"Power to borrow","content":"### sec.28 Power to borrow\n\nThe body corporate may, under a lot owner agreement, borrow amounts on security agreed between the body corporate and the person from whom the amounts are borrowed.","sortOrder":26},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Accounts","content":"# Accounts","sortOrder":27},{"sectionNumber":"sec.29","sectionType":"section","heading":"Accounts— Act , s 151","content":"### sec.29 Accounts— Act , s 151\n\nThe body corporate may decide by a lot owner agreement to keep amounts received by the body corporate in 1 or more accounts with a financial institution.\na bank account in the name of the body corporate into which the owners of the lots included in the scheme contribute funds for the payment of agreed body corporate expenses","sortOrder":28},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Purpose of ch 6","content":"### sec.30 Purpose of ch 6\n\nThis chapter prescribes matters about property management for a specified two-lot scheme, including matters about the rights and obligations of the body corporate.","sortOrder":30},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Common property","content":"# Common property","sortOrder":31},{"sectionNumber":"sec.31","sectionType":"section","heading":"Duties of body corporate about common property— Act , s 152","content":"### sec.31 Duties of body corporate about common property— Act , s 152\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 a specified two-lot 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 person is 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 .\ns 31 amd 2019 SL No. 42 s 128 sch 11 ; 2020 SL No. 232 s 5\n(sec.31-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.31-ssec.2) To the extent that lots included in a specified two-lot 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.31-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.31-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.31-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 person is the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.\n(sec.31-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":32},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Duty to consider preparation of defect assessment report","content":"### sec.31A Duty to consider preparation of defect assessment report\n\nA body corporate must, on or before the second anniversary of the scheme’s establishment, consider engaging an appropriately qualified person to prepare a defect assessment report for property, other than a body corporate asset, the body corporate must insure, for full replacement value, under sections 48 (1) , 49 (2) and 50 (2) .\ns 31A ins 2020 SL No. 232 s 6","sortOrder":33},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Body corporate may establish voluntary defect assessment plan","content":"### sec.31B Body corporate may establish voluntary defect assessment plan\n\nThis section applies if—\na body corporate has, under section 31A , considered the preparation of a defect assessment report; and\nlots 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 building (a stand-alone building ) having no common wall with a building on another lot.\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 that is a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner’s lot.\ns 31B ins 2020 SL No. 232 s 6\n(sec.31B-ssec.1) This section applies if— a body corporate has, under section 31A , considered the preparation of a defect assessment report; and 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 building (a stand-alone building ) having no common wall with a building on another lot.\n(sec.31B-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.31B-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.31B-ssec.4) The owner of a lot who takes part in the voluntary defect assessment plan is liable to pay a contribution 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 body corporate has, under section 31A , considered the preparation of a defect assessment report; and\n- (b) 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 building (a stand-alone building ) having no common wall with a building on another lot.","sortOrder":34},{"sectionNumber":"sec.32","sectionType":"section","heading":"Mailbox— Act , s 153","content":"### sec.32 Mailbox— Act , s 153\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.\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":35},{"sectionNumber":"sec.33","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property— Act , s 154","content":"### sec.33 Disposal of interest in and leasing or licensing of common property— Act , s 154\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, if authorised by a lot owner agreement—\nsell or otherwise dispose of part of the common property; or\ngrant or amend a lease or licence over part or the whole of the common property.\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 as required 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 specified two-lot scheme in the 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—\nthe owner of each lot; or\nthe owner of a lot and a representative of the owner of the other lot; or\na representative of the owner of each lot; or\nif all the lots in the community titles scheme are in identical ownership—an owner or a representative of the owner.\nrelevant Planning Act means—\nif the relevant planning body for the specified two-lot scheme is MEDQ—the Economic Development Act 2012 ; or\nif the relevant planning body for the specified two-lot scheme is the local government—the Sustainable Planning Act 2009 .\nrelevant planning body , for a specified two-lot 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.\ns 33 amd 2013 SL No. 2 s 14 ; 2024 SL No. 40 s 51\n(sec.33-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.33-ssec.2) The body corporate may, if authorised by a lot owner agreement— sell or otherwise dispose of part of the common property; or grant or amend a lease or licence over part or the whole of the common property.\n(sec.33-ssec.3) 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.33-ssec.4) 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 as required 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 specified two-lot scheme in the place of the existing statement for the scheme.\n(sec.33-ssec.5) The body corporate may not grant a lease or licence over utility infrastructure that is common property.\n(sec.33-ssec.5A) 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.33-ssec.6) In this section— relevant certificate means a certificate signed by— the owner of each lot; or the owner of a lot and a representative of the owner of the other lot; or a representative of the owner of each lot; or if all the lots in the community titles scheme are in identical ownership—an owner or a representative of the owner. relevant Planning Act means— if the relevant planning body for the specified two-lot scheme is MEDQ—the Economic Development Act 2012 ; or if the relevant planning body for the specified two-lot scheme is the local government—the Sustainable Planning Act 2009 . relevant planning body , for a specified two-lot 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.\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) sell or otherwise dispose of part of the common property; or\n- (b) grant or amend a lease or licence over part or the whole of the common property.\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 as required 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 specified two-lot scheme in the place of the existing statement for the scheme.\n- (a) the owner of each lot; or\n- (b) the owner of a lot and a representative of the owner of the other lot; or\n- (c) a representative of the owner of each lot; or\n- (d) if all the lots in the community titles scheme are in identical ownership—an owner or a representative of the owner.\n- (a) if the relevant planning body for the specified two-lot scheme is MEDQ—the Economic Development Act 2012 ; or\n- (b) if the relevant planning body for the specified two-lot scheme is the local government—the Sustainable Planning Act 2009 .\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":36},{"sectionNumber":"sec.34","sectionType":"section","heading":"Easements over common property— Act , s 155","content":"### sec.34 Easements over common property— Act , s 155\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 lot owner agreement—\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 lot owner agreement; 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).\ns 34 amd 2024 SL No. 40 s 52\n(sec.34-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.34-ssec.2) The body corporate may, if authorised by a lot owner agreement— 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.34-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 lot owner agreement; 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- (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 lot owner agreement; 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).","sortOrder":37},{"sectionNumber":"sec.35","sectionType":"section","heading":"Improvements to common property by body corporate— Act , s 159","content":"### sec.35 Improvements to common property by body corporate— Act , s 159\n\nThe body corporate may make improvements to the common property if—\nthe improvements are authorised by a lot owner agreement; or\nan adjudicator, under an order made under the dispute resolution provisions—\ndecides the improvements are reasonably necessary for the health, safety or security of persons who use the common property; and\nauthorises the improvements.\n- (a) the improvements are authorised by a lot owner agreement; or\n- (b) an adjudicator, under an order made under the dispute resolution provisions— (i) decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property; and (ii) authorises the improvements.\n- (i) decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property; and\n- (ii) authorises the improvements.\n- (i) decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property; and\n- (ii) authorises the improvements.","sortOrder":38},{"sectionNumber":"sec.36","sectionType":"section","heading":"Improvements to common property by an owner of a lot— Act , s 159","content":"### sec.36 Improvements to common property by an owner of a lot— Act , s 159\n\nThe body corporate may, by a lot owner agreement, authorise an owner to make an improvement to the common property for the benefit of the owner’s lot.\nAn authorisation may be given under this section on conditions the body corporate considers appropriate.\nAn owner who is given an authorisation under this section—\nmust comply with conditions of the authorisation; and\nmust maintain the improvement made under the authorisation in good condition, unless excused by the body corporate.\n(sec.36-ssec.1) The body corporate may, by a lot owner agreement, authorise an owner to make an improvement to the common property for the benefit of the owner’s lot.\n(sec.36-ssec.2) An authorisation may be given under this section on conditions the body corporate considers appropriate.\n(sec.36-ssec.3) An owner who is given an authorisation under this section— must comply with conditions of the authorisation; and must maintain the improvement made under the authorisation in good condition, unless excused by the body corporate.\n- (a) must comply with conditions of the authorisation; and\n- (b) must maintain the improvement made under the authorisation in good condition, unless excused by the body corporate.","sortOrder":39},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Body corporate assets","content":"# Body corporate assets","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":"Duties of body corporate about body corporate assets— Act , s 152","content":"### sec.37 Duties of body corporate about body corporate assets— Act , s 152\n\nThe body corporate must maintain body corporate assets in good condition.","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Acquisition of amenities for benefit of owners or occupiers of lots— Act , s 156","content":"### sec.38 Acquisition of amenities for benefit of owners or occupiers of lots— Act , s 156\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—\nacquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the specified two-lot scheme; or\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; or\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; or\nacquire personal property (other than personal property mentioned in paragraph (b) or (c) ) for the general 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 lot owner agreement.\n(sec.38-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.38-ssec.2) The body corporate may, in the name of the body corporate— acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the specified two-lot scheme; or 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; or 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; or acquire personal property (other than personal property mentioned in paragraph (b) or (c) ) for the general 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.38-ssec.3) The body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n- (a) acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the specified two-lot scheme; or\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; or\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; or\n- (d) acquire personal property (other than personal property mentioned in paragraph (b) or (c) ) for the general use and enjoyment of the owners and occupiers of lots included in the scheme.","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Dealing with (including disposal of) body corporate assets— Act , s 157","content":"### sec.39 Dealing with (including disposal of) body corporate assets— Act , s 157\n\nThe body corporate may—\nsell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land; or\ngrant or amend a lease over a body corporate asset that is freehold land or another body corporate asset capable of being leased; or\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).\nThe body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n(sec.39-ssec.1) The body corporate may— sell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land; or grant or amend a lease over a body corporate asset that is freehold land or another body corporate asset capable of being leased; or 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).\n(sec.39-ssec.2) The body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n- (a) sell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land; or\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; or\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).","sortOrder":43},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Agreement with another body corporate","content":"# Agreement with another body corporate","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Sharing facilities— Act , s 95","content":"### sec.40 Sharing facilities— Act , s 95\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.\nThe body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n(sec.40-ssec.1) This section has effect despite anything else in this chapter.\n(sec.40-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(sec.40-ssec.3) The body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n- (a) facilities forming part of the common property of either scheme; or\n- (b) body corporate assets for either scheme.","sortOrder":45},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Services for and obligations of owners and occupiers of lots","content":"# Services for and obligations of owners and occupiers of lots","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":"Supply of services by body corporate— Act , s 158","content":"### sec.41 Supply of services by body corporate— Act , s 158\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—\nmaintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination or mowing;\ncommunication services including, for example, the installation and supply of telephone, intercom, computer data or television;\ndomestic services including, for example, electricity, gas, water, garbage removal, air conditioning or heating.\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 (Body corporate must not carry on business) of the Act .\nIn acting under subsections (1) and (2) , the body corporate must, as far as practicable, 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.\nThe body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n(sec.41-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— maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination or mowing; communication services including, for example, the installation and supply of telephone, intercom, computer data or television; domestic services including, for example, electricity, gas, water, garbage removal, air conditioning or heating.\n(sec.41-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 (Body corporate must not carry on business) of the Act .\n(sec.41-ssec.3) In acting under subsections (1) and (2) , the body corporate must, as far as practicable, 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.41-ssec.4) The body corporate may exercise its powers under this section only if authorised by a lot owner agreement.\n- (a) maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination or mowing;\n- (b) communication services including, for example, the installation and supply of telephone, intercom, computer data or television;\n- (c) domestic services including, for example, electricity, gas, water, garbage removal, air conditioning or heating.","sortOrder":47},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Condition of lot","content":"# Condition of lot","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Obligations of owners and occupiers of lots— Act , s 160","content":"### sec.42 Obligations of owners and occupiers of lots— Act , s 160\n\nAn occupier of a lot included in the specified two-lot scheme must keep the parts of the lot readily observable from another lot or common property in a clean and tidy condition.\nThe owner of a lot included in the scheme must maintain the lot in good condition.\nThe owner’s obligation under subsection (2) to maintain the lot in good condition 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 the utility infrastructure within the boundaries of the lot, and not part of common property, in good condition and, if the utility infrastructure is in need of replacement, must replace it.\n(sec.42-ssec.1) An occupier of a lot included in the specified two-lot scheme must keep the parts of the lot readily observable from another lot or common property in a clean and tidy condition.\n(sec.42-ssec.2) The owner of a lot included in the scheme must maintain the lot in good condition.\n(sec.42-ssec.3) The owner’s obligation under subsection (2) to maintain the lot in good condition does not apply to a part of the lot the body corporate is required under this regulation to maintain in good condition.\n(sec.42-ssec.4) The owner of a lot included in the scheme must maintain the utility infrastructure within the boundaries of the lot, and not part of common property, in good condition and, if the utility infrastructure is in need of replacement, must replace it.","sortOrder":49},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Power to take action to remedy defective building work","content":"# Power to take action to remedy defective building work","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Body corporate’s power to take action to remedy defective building work— Act , s 162","content":"### sec.43 Body corporate’s power to take action to remedy defective building work— Act , s 162\n\nIf building work carried out for the owner of a lot included in a specified two-lot scheme is defective, the body corporate may bring a proceeding under the Queensland Building Services Authority 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.43-ssec.1) If building work carried out for the owner of a lot included in a specified two-lot scheme is defective, the body corporate may bring a proceeding under the Queensland Building Services Authority Act 1991 or another law to have the defect remedied.\n(sec.43-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":51},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Exclusive use by-laws— Act , section 173","content":"# Exclusive use by-laws— Act , section 173","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conditions and obligations under exclusive use by-law","content":"### sec.44 Conditions and obligations under exclusive use by-law\n\nIf the owner of a lot included in a specified two-lot 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 owner of the other lot included in the scheme;\nmake periodic payments to the scheme’s body corporate or the owner of the other lot 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.\ns 44 amd 2020 SL No. 232 s 7\n(sec.44-ssec.1) If the owner of a lot included in a specified two-lot 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 owner of the other lot included in the scheme; make periodic payments to the scheme’s body corporate or the owner of the other lot included in the scheme.\n(sec.44-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.44-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 owner of the other lot included in the scheme;\n- (b) make periodic payments to the scheme’s body corporate or the owner of the other lot 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":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Improvements","content":"### sec.45 Improvements\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, by a lot owner agreement, authorises it to be made.\n(sec.45-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.45-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.45-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, by a lot owner agreement, authorises it to be made.","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"Recovery of amount owed","content":"### sec.46 Recovery of amount owed\n\nA monetary liability imposed under an exclusive use by-law on the owner of a lot included in a specified two-lot 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.46-ssec.1) A monetary liability imposed under an exclusive use by-law on the owner of a lot included in a specified two-lot scheme may be recovered as a debt.\n(sec.46-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":55},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Insurance— Act , section 189","content":"# Insurance— Act , section 189","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.47 Definitions for pt 9\n\nIn this part—\nbuilding includes improvements and fixtures, other than carpet, 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\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—\nearthquake, explosion, fire, lightning, storm, tempest and water damage; 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) mobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.\n- (a) earthquake, explosion, fire, lightning, storm, tempest and water damage; and\n- (b) glass breakage; and\n- (c) damage from impact, malicious act and riot.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Insurance of common property and body corporate assets","content":"### sec.48 Insurance of common property and body corporate assets\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, as far as practicable—\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 a specified two-lot scheme is liable to pay a contribution 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.48-ssec.1) The body corporate must insure, for full replacement value— the common property; and the body corporate assets.\n(sec.48-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.48-ssec.3) A policy of insurance taken out under this section— must cover, as far as practicable— 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.48-ssec.4) The owner of each lot that is included in a specified two-lot scheme is liable to pay a contribution 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, as far as practicable— (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":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Insurance of building including lots","content":"### sec.49 Insurance of building including lots\n\nThis section applies if 1 or both of the lots included in a specified two-lot 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 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 49 amd 2024 SL No. 40 s 53\n(sec.49-ssec.1) This section applies if 1 or both of the lots included in a specified two-lot scheme are created under a building format plan of subdivision or a volumetric format plan of subdivision.\n(sec.49-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.49-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.49-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.49-ssec.5) 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.49-ssec.6) 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 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":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Insurance for buildings with common walls","content":"### sec.50 Insurance for buildings with common walls\n\nThis section applies if—\n1 or both of the lots included in a specified two-lot scheme are created under a standard format plan of subdivision; and\na building on 1 lot has a common wall with a building on the other lot.\nThe body corporate must arrange a single policy of insurance with the same insurer to cover each building mentioned in subsection (1) (b) for its full replacement value.\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; and\nmust be taken out in the name of the body corporate.\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.\n(sec.50-ssec.1) This section applies if— 1 or both of the lots included in a specified two-lot scheme are created under a standard format plan of subdivision; and a building on 1 lot has a common wall with a building on the other lot.\n(sec.50-ssec.2) The body corporate must arrange a single policy of insurance with the same insurer to cover each building mentioned in subsection (1) (b) for its full replacement value.\n(sec.50-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; and must be taken out in the name of the body corporate.\n(sec.50-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- (a) 1 or both of the lots included in a specified two-lot scheme are created under a standard format plan of subdivision; and\n- (b) a building on 1 lot has a common wall with a building on the other 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; and\n- (d) must be taken out in the name of the body corporate.\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","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Valuation for insurance purposes","content":"### sec.51 Valuation for insurance purposes\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 specified two-lot scheme is liable to pay a contribution 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.51-ssec.1) This section applies if, under this part, a body corporate must insure 1 or more buildings for full replacement value.\n(sec.51-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.51-ssec.3) The owner of each lot included in the specified two-lot scheme is liable to pay a contribution 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.","sortOrder":61},{"sectionNumber":"sec.52","sectionType":"section","heading":"Premium","content":"### sec.52 Premium\n\nThe owner of each lot that is included in a specified two-lot scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution 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, by a lot owner agreement, 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 generally of a higher standard than the fixtures and fittings of the other lot included in the scheme; 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.\n(sec.52-ssec.1) The owner of each lot that is included in a specified two-lot scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution 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.52-ssec.2) The body corporate may, by a lot owner agreement, 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 generally of a higher standard than the fixtures and fittings of the other lot included in the scheme; 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.\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 generally of a higher standard than the fixtures and fittings of the other lot included in the scheme; or\n- (i) form part of the lot; and\n- (ii) are generally of a higher standard than the fixtures and fittings of the other lot included in the scheme; 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.\n- (i) form part of the lot; and\n- (ii) are generally of a higher standard than the fixtures and fittings of the other lot included in the scheme; or","sortOrder":62},{"sectionNumber":"sec.53","sectionType":"section","heading":"Improvements affecting premium","content":"### sec.53 Improvements affecting premium\n\nThis section applies if—\nimprovements are made to a lot included in a specified two-lot scheme and, because of the improvements—\nthe fixtures and fittings forming part of the lot are generally of a higher standard than the fixtures and fittings of the other lot in the scheme; 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 details of the nature and value of the improvements to—\nthe owner of the other lot included in the scheme; and\nthe body corporate; and\nthe insurer with whom the body corporate has taken out a policy of reinstatement insurance.\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 owner of the other lot for any payment that has to be made for the cost of reinstatement or repair of the 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.53-ssec.1) This section applies if— improvements are made to a lot included in a specified two-lot scheme and, because of the improvements— the fixtures and fittings forming part of the lot are generally of a higher standard than the fixtures and fittings of the other lot in the scheme; 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.53-ssec.2) The owner of the lot must give details of the nature and value of the improvements to— the owner of the other lot included in the scheme; and the body corporate; and the insurer with whom the body corporate has taken out a policy of reinstatement insurance.\n(sec.53-ssec.3) The notification must be given as soon as practicable after the improvements are substantially completed.\n(sec.53-ssec.4) If the owner of the lot does not comply with subsections (2) and (3) , the owner must reimburse the owner of the other lot for any payment that has to be made for the cost of reinstatement or repair of the 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 a specified two-lot scheme and, because of the improvements— (i) the fixtures and fittings forming part of the lot are generally of a higher standard than the fixtures and fittings of the other lot in the scheme; 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 generally of a higher standard than the fixtures and fittings of the other lot in the scheme; 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 generally of a higher standard than the fixtures and fittings of the other lot in the scheme; 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.\n- (a) the owner of the other lot included in the scheme; and\n- (b) the body corporate; and\n- (c) the insurer with whom the body corporate has taken out a policy of reinstatement insurance.","sortOrder":63},{"sectionNumber":"sec.54","sectionType":"section","heading":"Excess","content":"### sec.54 Excess\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 each lot, 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, by a lot owner agreement, that it is unreasonable in all the circumstances for the owner to bear the liability.\nIf a shower screen in a lot is damaged 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 both lots, or 1 lot and common property, the body corporate is liable to pay the excess unless the body corporate decides, by a lot owner agreement, it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot.\n(sec.54-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.54-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 each lot, having regard to subsections (3) and (4) .\n(sec.54-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, by a lot owner agreement, that it is unreasonable in all the circumstances for the owner to bear the liability. If a shower screen in a lot is damaged 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.54-ssec.4) For an event affecting both lots, or 1 lot and common property, the body corporate is liable to pay the excess unless the body corporate decides, by a lot owner agreement, it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot.","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Insurance for buildings with no common walls","content":"### sec.55 Insurance for buildings with no common walls\n\nThis section applies if—\nthe lots included in a specified two-lot scheme were created under a standard format plan of subdivision; and\non both of the lots mentioned in paragraph (a) , there is a building (a stand-alone building ) having no common wall with a building on the other lot.\nThe body corporate may, by a lot owner agreement, establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over the stand-alone buildings for the owners of the lots on which they are located.\nIf a voluntary insurance scheme is established, the owner of each lot must—\nnotify the owner of the other lot of the replacement value of the stand-alone building to be insured; and\ncomply with other requirements under—\nthe lot owner agreement 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 that is a proportionate amount of the premium fairly reflecting—\nthe proportion of the total replacement value of the building insured under the voluntary insurance scheme represented by the stand-alone building 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.\nIf the body corporate does not establish a voluntary insurance scheme and an 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 owner of the other lot included in the scheme and the body corporate 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 (5) —\nmust cover, as far as practicable—\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.55-ssec.1) This section applies if— the lots included in a specified two-lot scheme were created under a standard format plan of subdivision; and on both of the lots mentioned in paragraph (a) , there is a building (a stand-alone building ) having no common wall with a building on the other lot.\n(sec.55-ssec.2) The body corporate may, by a lot owner agreement, establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over the stand-alone buildings for the owners of the lots on which they are located.\n(sec.55-ssec.3) If a voluntary insurance scheme is established, the owner of each lot must— notify the owner of the other lot of the replacement value of the stand-alone building to be insured; and comply with other requirements under— the lot owner agreement establishing the voluntary insurance scheme; or the policy of insurance.\n(sec.55-ssec.4) The owner of a lot who takes part in the voluntary insurance scheme is liable to pay a contribution that is a proportionate amount of the premium fairly reflecting— the proportion of the total replacement value of the building insured under the voluntary insurance scheme represented by the stand-alone building 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.55-ssec.5) If the body corporate does not establish a voluntary insurance scheme and an 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 owner of the other lot included in the scheme and the body corporate 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.55-ssec.6) A policy of insurance taken out under subsection (5) — must cover, as far as practicable— 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) the lots included in a specified two-lot scheme were created under a standard format plan of subdivision; and\n- (b) on both of the lots mentioned in paragraph (a) , there is a building (a stand-alone building ) having no common wall with a building on the other lot.\n- (a) notify the owner of the other lot of the replacement value of the stand-alone building to be insured; and\n- (b) comply with other requirements under— (i) the lot owner agreement establishing the voluntary insurance scheme; or (ii) the policy of insurance.\n- (i) the lot owner agreement establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (i) the lot owner agreement establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (a) the proportion of the total replacement value of the building insured under the voluntary insurance scheme represented by the stand-alone building 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 owner of the other lot included in the scheme and the body corporate 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, as far as practicable— (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":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Public risk insurance","content":"### sec.56 Public risk insurance\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 in the scheme\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.56-ssec.1) The body corporate must maintain public risk insurance of the common property and relevant assets.\n(sec.56-ssec.2) The body corporate is not required to maintain public risk insurance of any other property. a lot in the scheme\n(sec.56-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.56-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":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Use affecting premium","content":"### sec.57 Use affecting premium\n\nThis section applies if, because of the way 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 owner of the other lot included in the scheme and the body corporate details of the use.\n(sec.57-ssec.1) This section applies if, because of the way 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.57-ssec.2) The owner of the lot must give the owner of the other lot included in the scheme and the body corporate details of the use.","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Use of insurance money not paid under voluntary insurance scheme","content":"### sec.58 Use of insurance money not paid under voluntary insurance scheme\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 may, if authorised by a lot owner agreement, apply the amount to the repair, reinstatement or replacement of the damaged property or for another purpose.\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, a specified two-lot scheme is to be terminated, and an order of a court under the Act , or a lot owner agreement, 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 lot owner agreement.\n(sec.58-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.58-ssec.2) The body corporate may, if authorised by a lot owner agreement, apply the amount to the repair, reinstatement or replacement of the damaged property or for another purpose.\n(sec.58-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.58-ssec.4) If, because of the damage, a specified two-lot scheme is to be terminated, and an order of a court under the Act , or a lot owner agreement, 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 lot owner agreement.\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 lot owner agreement.","sortOrder":68},{"sectionNumber":"sec.59","sectionType":"section","heading":"Use of insurance money paid under voluntary insurance scheme","content":"### sec.59 Use of insurance money paid under voluntary insurance scheme\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":69},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Purpose of ch 7","content":"### sec.60 Purpose of ch 7\n\nThe purpose of this chapter is to prescribe matters about the rights and obligations of the body corporate for a specified two-lot scheme for administrative arrangements and other general matters relating to the scheme.","sortOrder":71},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Address for service and related matters","content":"# Address for service and related matters","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Definitions for part","content":"### sec.61 Definitions for part\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 .\ns 61 sub 2020 SL No. 232 s 8","sortOrder":73},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Address for service","content":"### sec.61A Address for service\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 to being given or served with, by email, any document or information that may be given to, or served on, the owner under the Act .\ns 61A ins 2020 SL No. 232 s 8\n(sec.61A-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.61A-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.61A-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.61A-ssec.4) If the address for service includes an email address under subsection (2) , the owner of a lot is taken to have consented to 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":74},{"sectionNumber":"sec.61B","sectionType":"section","heading":"Change of address","content":"### sec.61B Change of address\n\nA person may change the person’s residential or business address or address for service by notice given to—\nthe body corporate; and\neither—\nif the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\notherwise—the owners of both of the lots included in the scheme.\ns 61B ins 2020 SL No. 232 s 8\n- (a) the body corporate; and\n- (b) either— (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or (ii) otherwise—the owners of both of the lots included in the scheme.\n- (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\n- (ii) otherwise—the owners of both of the lots included in the scheme.\n- (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\n- (ii) otherwise—the owners of both of the lots included in the scheme.","sortOrder":75},{"sectionNumber":"sec.61C","sectionType":"section","heading":"Giving documents or information to lot owners or relevant persons— Act , s 315A","content":"### sec.61C Giving documents or information to lot owners or relevant persons— Act , s 315A\n\nFor section 315A of the Act , 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 61C ins 2020 SL No. 232 s 8\nsub 2024 SL No. 40 s 54\n- (a) delivering it to the owner, or relevant person, personally;\n- (b) sending it to the owner’s, or relevant person’s, address for service;\n- (c) 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 paragraph (c) — 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":76},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Notices— Act , section 201","content":"# Notices— Act , section 201","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Body corporate to give written notice about receipt of documents","content":"### sec.62 Body corporate to give written notice about receipt of documents\n\nThis section applies if the body corporate receives a document in relation to the specified two-lot scheme (a relevant document ).\nThe body corporate must, as soon as practicable after receiving a relevant document, give written notice of the receipt to the owner of each lot included in the scheme.\nIf the owner of a lot asks for a copy of the relevant document, the body corporate must provide the copy as soon as practicable after receiving the request.\nA written notice mentioned in subsection (2) may be given to an owner—\nat the owner’s address for service; or\nin the way directed by the owner.\n(sec.62-ssec.1) This section applies if the body corporate receives a document in relation to the specified two-lot scheme (a relevant document ).\n(sec.62-ssec.2) The body corporate must, as soon as practicable after receiving a relevant document, give written notice of the receipt to the owner of each lot included in the scheme.\n(sec.62-ssec.3) If the owner of a lot asks for a copy of the relevant document, the body corporate must provide the copy as soon as practicable after receiving the request.\n(sec.62-ssec.4) A written notice mentioned in subsection (2) may be given to an owner— at the owner’s address for service; or in the way directed by the owner.\n- (a) at the owner’s address for service; or\n- (b) in the way directed by the owner.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Owner of lot or representative to give copy of documents to body corporate","content":"### sec.63 Owner of lot or representative to give copy of documents to body corporate\n\nThis section applies if an owner of a lot or the representative of an owner receives a relevant document.\nThe owner or the representative must, as soon as practicable after receiving the document, give a copy of the document to the body corporate.\n(sec.63-ssec.1) This section applies if an owner of a lot or the representative of an owner receives a relevant document.\n(sec.63-ssec.2) The owner or the representative must, as soon as practicable after receiving the document, give a copy of the document to the body corporate.","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notices to be given to the body corporate","content":"### sec.64 Notices to be given to the body corporate\n\nThis section applies if 1 or more of the following events happens in relation to a lot included in a specified two-lot scheme—\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 leasing of the lot;\nthe engagement of a person to act for the owner of the lot in the 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 must give a written notice, containing the information mentioned in the subsection, to the body corporate and the owner of the other lot included in the scheme 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 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 the date 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 appointed; and\nfor an event mentioned in subsection (1) (d) —\nbe given by the owner of the lot; and\nstate the date 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.\ns 64 amd 2020 SL No. 232 s 9\n(sec.64-ssec.1) This section applies if 1 or more of the following events happens in relation to a lot included in a specified two-lot scheme— 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 leasing of the lot; the engagement of a person to act for the owner of the lot in the 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.64-ssec.2) The person identified in subsection (3) as the person who must give a notice must give a written notice, containing the information mentioned in the subsection, to the body corporate and the owner of the other lot included in the scheme 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.64-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 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 the date 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 appointed; and for an event mentioned in subsection (1) (d) — be given by the owner of the lot; and state the date 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 leasing of the lot;\n- (d) the engagement of a person to act for the owner of the lot in the 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 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 the date 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 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 the date 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 appointed; 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 appointed; and\n- (d) for an event mentioned in subsection (1) (d) — (i) be given by the owner of the lot; and (ii) state the date the engagement of the person was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) state the date 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 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 the date 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 appointed; and\n- (i) be given by the owner of the lot; and\n- (ii) state the date 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":80},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 om 2020 SL No. 232 s 10","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2020 SL No. 232 s 10","sortOrder":82},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Documents, information and other matters","content":"# Documents, information and other matters","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"Documents and materials to be given to body corporate by original owner","content":"### sec.67 Documents and materials to be given to body corporate by original owner\n\nThis section applies if the original owner stops being the owner of one or both of the lots included in a specified two-lot scheme (the relevant event ).\nWithin 2 months after the relevant event, the original owner must give the following to the body corporate—\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;\nif a development approval was required for development on the scheme land—a copy of the development approval;\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 6 , part 9 ;\ndocuments in the original owner’s possession or control relevant to the administration of the community titles scheme, including, for example, registers, written agreements of the body corporate, any documents relating to the engagement or termination of a body corporate manager or service contractor, 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;\na copy of any document under which the original owner derives the representative capacity for an owner of a lot;\na detailed and comprehensive list of the body corporate assets.\nMaximum penalty—150 penalty units.\nIf documents of the types mentioned in subsection (2) come into the original owner’s possession after the relevant event, the original owner must give them to the body corporate at the earliest practicable opportunity.\nMaximum penalty—20 penalty units.\nThe documents mentioned in subsection (2) must be given to the body corporate in hard copy and electronic form.\nAlso, the electronic form of the document mentioned in subsection (2) (c) 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 67 amd 2020 SL No. 232 s 12 ; 2024 SL No. 40 s 55 ; 2024 No. 22 s 92 sch 1\n(sec.67-ssec.1) This section applies if the original owner stops being the owner of one or both of the lots included in a specified two-lot scheme (the relevant event ).\n(sec.67-ssec.2) Within 2 months after the relevant event, the original owner must give the following to the body corporate— 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; if a development approval was required for development on the scheme land—a copy of the development approval; 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 6 , part 9 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including, for example, registers, written agreements of the body corporate, any documents relating to the engagement or termination of a body corporate manager or service contractor, 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; a copy of any document under which the original owner derives the representative capacity for an owner of a lot; a detailed and comprehensive list of the body corporate assets. Maximum penalty—150 penalty units.\n(sec.67-ssec.3) If documents of the types mentioned in subsection (2) come into the original owner’s possession after the relevant event, the original owner must give them to the body corporate at the earliest practicable opportunity. Maximum penalty—20 penalty units.\n(sec.67-ssec.4) The documents mentioned in subsection (2) must be given to the body corporate in hard copy and electronic form.\n(sec.67-ssec.5) Also, the electronic form of the document mentioned in subsection (2) (c) must be readily capable of being edited.\n(sec.67-ssec.6) 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) 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- (b) if a development approval was required for development on the scheme land—a copy of the development approval;\n- (c) the community management statement currently recorded for the community titles scheme;\n- (d) all policies of insurance taken out by the original owner for the body corporate;\n- (e) copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;\n- (f) 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- (g) an independent valuation for each building the body corporate must insure under chapter 6 , part 9 ;\n- (h) documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including, for example, registers, written agreements of the body corporate, any documents relating to the engagement or termination of a body corporate manager or service contractor, correspondence and tender documentation;\n- (i) 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- (j) copies of any contracts or agreements for the supply of utility services to the body corporate;\n- (k) 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- (l) a copy of any document under which the original owner derives the representative capacity for an owner of a lot;\n- (m) a detailed and comprehensive list of the body corporate assets.\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":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Keeping of records— Act , s 204","content":"### sec.68 Keeping of records— Act , s 204\n\nThe body corporate must keep the following—\nnotices given in relation to the specified two-lot scheme by a public authority, local government or other authority;\norders made by a judicial or administrative authority—\nagainst the body corporate; or\nagainst an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\notherwise—in relation to the scheme;\neach policy of insurance the body corporate puts in place;\ndocuments evidencing each engagement of a body corporate manager or service contractor or the termination of the 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 lot owner agreements by which decisions of the body corporate have been made for the scheme;\nany written requests to enter into a lot owner agreement that do not result in a lot owner agreement;\ncopies of instruments authorising a person to act for an owner of a lot;\ncopies of instruments amending the authorisation of a person to act for an owner of a lot;\nwritten notices revoking the authorisation of a person to act for an owner of a lot;\nthe body corporate’s financial institution account statements, accounting records and statements of account, if any, for each financial year;\nFor the body corporate of a community titles scheme that has changed from being a scheme to which a different regulation under the Act applied to being a specified two-lot scheme to which this regulation applies, see also section 83 (Rolls, registers and other documents or information kept under previous regulation).\ncontribution notices given by the body corporate or the owner of a lot;\ndocuments evidencing work undertaken for the body corporate, including, for example, tax invoices and receipts;\nany written notice from a person appointed as the record keeper for the body corporate resigning from that position;\nindependent valuations for a building the body corporate must insure under chapter 6 , part 9 ;\ndetails of the nature and value of improvements mentioned in section 53 ;\ndetails mentioned in section 55 (5) (b) ;\ndetails of the use of a lot mentioned in section 57 .\nHowever, particular records may be disposed of under section 69 .\nThe following documents may be kept by the body corporate in paper form or in photographic or electronic form—\nnotices given to the body corporate under section 64 ;\nlot owner agreements mentioned in subsection (1) (g) ;\nwritten requests mentioned in subsection (1) (h) .\n(sec.68-ssec.1) The body corporate must keep the following— notices given in relation to the specified two-lot scheme by a public authority, local government or other authority; orders made by a judicial or administrative authority— against the body corporate; or against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or otherwise—in relation to the scheme; each policy of insurance the body corporate puts in place; documents evidencing each engagement of a body corporate manager or service contractor or the termination of the 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 lot owner agreements by which decisions of the body corporate have been made for the scheme; any written requests to enter into a lot owner agreement that do not result in a lot owner agreement; copies of instruments authorising a person to act for an owner of a lot; copies of instruments amending the authorisation of a person to act for an owner of a lot; written notices revoking the authorisation of a person to act for an owner of a lot; the body corporate’s financial institution account statements, accounting records and statements of account, if any, for each financial year; For the body corporate of a community titles scheme that has changed from being a scheme to which a different regulation under the Act applied to being a specified two-lot scheme to which this regulation applies, see also section 83 (Rolls, registers and other documents or information kept under previous regulation). contribution notices given by the body corporate or the owner of a lot; documents evidencing work undertaken for the body corporate, including, for example, tax invoices and receipts; any written notice from a person appointed as the record keeper for the body corporate resigning from that position; independent valuations for a building the body corporate must insure under chapter 6 , part 9 ; details of the nature and value of improvements mentioned in section 53 ; details mentioned in section 55 (5) (b) ; details of the use of a lot mentioned in section 57 .\n(sec.68-ssec.2) However, particular records may be disposed of under section 69 .\n(sec.68-ssec.3) The following documents may be kept by the body corporate in paper form or in photographic or electronic form— notices given to the body corporate under section 64 ; lot owner agreements mentioned in subsection (1) (g) ; written requests mentioned in subsection (1) (h) .\n- (a) notices given in relation to the specified two-lot scheme by a public authority, local government or other authority;\n- (b) orders made by a judicial or administrative authority— (i) against the body corporate; or (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or (iii) otherwise—in relation to the scheme;\n- (i) against the body corporate; or\n- (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\n- (iii) otherwise—in relation to the scheme;\n- (c) each policy of insurance the body corporate puts in place;\n- (d) documents evidencing each engagement of a body corporate manager or service contractor or the termination of the engagement of a body corporate manager or service contractor;\n- (e) 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- (f) correspondence received by the body corporate, and correspondence sent by the body corporate;\n- (g) all lot owner agreements by which decisions of the body corporate have been made for the scheme;\n- (h) any written requests to enter into a lot owner agreement that do not result in a lot owner agreement;\n- (i) copies of instruments authorising a person to act for an owner of a lot;\n- (j) copies of instruments amending the authorisation of a person to act for an owner of a lot;\n- (k) written notices revoking the authorisation of a person to act for an owner of a lot;\n- (l) the body corporate’s financial institution account statements, accounting records and statements of account, if any, for each financial year; Note— For the body corporate of a community titles scheme that has changed from being a scheme to which a different regulation under the Act applied to being a specified two-lot scheme to which this regulation applies, see also section 83 (Rolls, registers and other documents or information kept under previous regulation).\n- (m) contribution notices given by the body corporate or the owner of a lot;\n- (n) documents evidencing work undertaken for the body corporate, including, for example, tax invoices and receipts;\n- (o) any written notice from a person appointed as the record keeper for the body corporate resigning from that position;\n- (p) independent valuations for a building the body corporate must insure under chapter 6 , part 9 ;\n- (q) details of the nature and value of improvements mentioned in section 53 ;\n- (r) details mentioned in section 55 (5) (b) ;\n- (s) details of the use of a lot mentioned in section 57 .\n- (i) against the body corporate; or\n- (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\n- (iii) otherwise—in relation to the scheme;\n- (a) notices given to the body corporate under section 64 ;\n- (b) lot owner agreements mentioned in subsection (1) (g) ;\n- (c) written requests mentioned in subsection (1) (h) .","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"Disposal of records— Act , s 204","content":"### sec.69 Disposal of records— Act , s 204\n\nThe following documents may be disposed of 6 years after their creation or receipt—\nstatements of account;\ndocuments evidencing or detailing major repairs or installations carried out on the common property;\norders made by a judicial or administrative authority—\nagainst the body corporate; or\nagainst an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\notherwise—in relation to the scheme;\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.\nThe following documents may be disposed of 2 years after their creation or receipt—\ncorrespondence of no significant or continuing interest;\nreconciliation statements and associated financial institution statements and invoices;\ncopies of instruments authorising a person to act for an owner of a lot;\ncopies of instruments amending the authorisation of a person to act for an owner of a lot;\nwritten notices revoking the authorisation of a person to act for an owner of a lot.\nDespite subsections (1) and (2) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, a notice required to be given to the body corporate, if the information included in the notice is still current information.\n(sec.69-ssec.1) The following documents may be disposed of 6 years after their creation or receipt— statements of account; documents evidencing or detailing major repairs or installations carried out on the common property; orders made by a judicial or administrative authority— against the body corporate; or against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or otherwise—in relation to the scheme; 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.\n(sec.69-ssec.2) The following documents may be disposed of 2 years after their creation or receipt— correspondence of no significant or continuing interest; reconciliation statements and associated financial institution statements and invoices; copies of instruments authorising a person to act for an owner of a lot; copies of instruments amending the authorisation of a person to act for an owner of a lot; written notices revoking the authorisation of a person to act for an owner of a lot.\n(sec.69-ssec.3) Despite subsections (1) and (2) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, a notice required to be given to the body corporate, if the information included in the notice is still current information.\n- (a) statements of account;\n- (b) documents evidencing or detailing major repairs or installations carried out on the common property;\n- (c) orders made by a judicial or administrative authority— (i) against the body corporate; or (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or (iii) otherwise—in relation to the scheme;\n- (i) against the body corporate; or\n- (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\n- (iii) otherwise—in relation to the scheme;\n- (d) notices given in relation to the scheme by a public authority, local government or other authority;\n- (e) written agreements to which the body corporate is a party.\n- (i) against the body corporate; or\n- (ii) against an owner, or an occupier, of a lot included in the scheme in relation to the scheme; or\n- (iii) otherwise—in relation to the scheme;\n- (a) correspondence of no significant or continuing interest;\n- (b) reconciliation statements and associated financial institution statements and invoices;\n- (c) copies of instruments authorising a person to act for an owner of a lot;\n- (d) copies of instruments amending the authorisation of a person to act for an owner of a lot;\n- (e) written notices revoking the authorisation of a person to act for an owner of a lot.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment of person to keep body corporate’s records","content":"### sec.70 Appointment of person to keep body corporate’s records\n\nThe body corporate must, by a lot owner agreement, appoint 1 of the following persons to keep the body corporate’s records on behalf of the body corporate—\nan owner of a lot included in the scheme;\na representative of an owner of a lot;\na body corporate manager for the scheme.\nFor an appointment under subsection (1) (a) , the body corporate may appoint the owners of both lots included in the scheme to keep the body corporate’s records.\n(sec.70-ssec.1) The body corporate must, by a lot owner agreement, appoint 1 of the following persons to keep the body corporate’s records on behalf of the body corporate— an owner of a lot included in the scheme; a representative of an owner of a lot; a body corporate manager for the scheme.\n(sec.70-ssec.2) For an appointment under subsection (1) (a) , the body corporate may appoint the owners of both lots included in the scheme to keep the body corporate’s records.\n- (a) an owner of a lot included in the scheme;\n- (b) a representative of an owner of a lot;\n- (c) a body corporate manager for the scheme.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Resignation of person who keeps body corporate’s records","content":"### sec.71 Resignation of person who keeps body corporate’s records\n\nA person who has been appointed to keep the body corporate’s records under section 70 (the relevant record keeper ) may resign from the position by giving a written notice of resignation to—\nthe body corporate; and\neither—\nif the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\notherwise—the owners of each of the lots included in the scheme.\nUntil the body corporate makes another appointment under section 70 , the owners of the lots included in a specified two-lot scheme must each keep a copy of a record that is received by the body corporate from the date the relevant record keeper resigns.\n(sec.71-ssec.1) A person who has been appointed to keep the body corporate’s records under section 70 (the relevant record keeper ) may resign from the position by giving a written notice of resignation to— the body corporate; and either— if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or otherwise—the owners of each of the lots included in the scheme.\n(sec.71-ssec.2) Until the body corporate makes another appointment under section 70 , the owners of the lots included in a specified two-lot scheme must each keep a copy of a record that is received by the body corporate from the date the relevant record keeper resigns.\n- (a) the body corporate; and\n- (b) either— (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or (ii) otherwise—the owners of each of the lots included in the scheme.\n- (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\n- (ii) otherwise—the owners of each of the lots included in the scheme.\n- (i) if the person is an owner of a lot included in the scheme—the owner of the other lot included in the scheme; or\n- (ii) otherwise—the owners of each of the lots included in the scheme.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Access to records— Act , s 204","content":"### sec.72 Access to records— Act , s 204\n\nThe following persons must allow a relevant person reasonable access to the body corporate’s records—\nthe body corporate;\na person who is appointed to keep body corporate records under section 70 .\nHowever, the body corporate, or a person mentioned in subsection (1) (b) , is not required to allow a relevant 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, or a person mentioned in subsection (1) (b) , is not required to allow a relevant person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.\nIn this section—\nrelevant person means—\nan owner of a lot included in a specified two-lot scheme; or\na representative of an owner of a lot who is authorised to have access to the body corporate’s records.\n(sec.72-ssec.1) The following persons must allow a relevant person reasonable access to the body corporate’s records— the body corporate; a person who is appointed to keep body corporate records under section 70 .\n(sec.72-ssec.2) However, the body corporate, or a person mentioned in subsection (1) (b) , is not required to allow a relevant 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.72-ssec.3) Also, the body corporate, or a person mentioned in subsection (1) (b) , is not required to allow a relevant person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.\n(sec.72-ssec.4) In this section— relevant person means— an owner of a lot included in a specified two-lot scheme; or a representative of an owner of a lot who is authorised to have access to the body corporate’s records.\n- (a) the body corporate;\n- (b) a person who is appointed to keep body corporate records under section 70 .\n- (a) an owner of a lot included in a specified two-lot scheme; or\n- (b) a representative of an owner of a lot who is authorised to have access to the body corporate’s records.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Fee for information given to interested persons— Act , s 205","content":"### sec.73 Fee for information given to interested persons— Act , s 205\n\nFor section 205 (2) of the Act —\nthe fee for inspection of the body corporate’s records is—\nif the person inspecting the records is an owner of a lot—\nif the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or\notherwise—18.25 fee units; or\nif the person inspecting the records is not an owner of a lot—35.10 fee units; and\nthe 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) (B) 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) (B) would be $27.40.\ns 73 amd 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 20 ; 2016 SL No. 85 ss 20 , 118 sch 1 ; 2017 SL No. 109 s 21 ; 2018 SL No. 72 s 20 ; 2019 SL No. 105 s 20 ; 2020 SL No. 143 s 20 ; 2021 SL No. 84 s 20 ; 2022 SL No. 79 s 25 ; 2025 SL No. 50 s 24\n(sec.73-ssec.1) For section 205 (2) of the Act — the fee for inspection of the body corporate’s records is— if the person inspecting the records is an owner of a lot— if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or otherwise—18.25 fee units; or if the person inspecting the records is not an owner of a lot—35.10 fee units; and the fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n(sec.73-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.73-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.73-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.73-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.73-ssec.6) Subsection (7) applies for working out the amount of a fee under this section.\n(sec.73-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) (B) 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) (B) would be $27.40.\n- (a) the fee for inspection of the body corporate’s records is— (i) if the person inspecting the records is an owner of a lot— (A) if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or (B) otherwise—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— (A) if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or (B) otherwise—18.25 fee units; or\n- (A) if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or\n- (B) otherwise—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 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— (A) if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or (B) otherwise—18.25 fee units; or\n- (A) if the owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or\n- (B) otherwise—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 owner’s request to inspect a document is the owner’s first request to inspect that document—nil; or\n- (B) otherwise—18.25 fee units; or\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":90},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Giving information to interested person— Act , s 205","content":"### sec.73A Giving information to interested person— Act , s 205\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 73A ins 2024 SL No. 40 s 56\n- (a) by post; or\n- (b) by delivering it to the person personally.","sortOrder":91},{"sectionNumber":"sec.73AA","sectionType":"section","heading":"Matters that must be included in approved form for body corporate certificate— Act , s 205AAA","content":"### sec.73AA Matters that must be included in approved form for body corporate certificate— Act , s 205AAA\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 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) ;\ncontributions payable by the owner of the lot to an agreed body corporate expense;\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;\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;\nany of the following amounts owed to the body corporate by the owner of the lot—\na contribution to an agreed body corporate expense;\nanother amount associated with ownership of the lot;\naccounts kept with a financial institution by the body corporate;\neach body corporate asset with a value of more than $1,000;\nany arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\nif the scheme was established for an existing 1980 plan and 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 document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (n) .\ns 73AA ins 2024 SL No. 210 s 17\n(sec.73AA-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 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) ; contributions payable by the owner of the lot to an agreed body corporate expense; 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; 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; any of the following amounts owed to the body corporate by the owner of the lot— a contribution to an agreed body corporate expense; another amount associated with ownership of the lot; accounts kept with a financial institution by the body corporate; each body corporate asset with a value of more than $1,000; any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network; if the scheme was established for an existing 1980 plan and 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.73AA-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 document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (n) .\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 name and contact details of each person who is responsible for keeping body corporate records; and (iii) the name and contact details of any body corporate manager for the scheme; and (iv) 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 name and contact details of each person who is responsible for keeping body corporate records; and\n- (iii) the name and contact details of any body corporate manager for the scheme; and\n- (iv) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (c) contributions payable by the owner of the lot to an agreed body corporate expense;\n- (d) other amounts associated with ownership of the lot that are payable to the body corporate;\n- (e) the interest schedule lot entitlement for the lot;\n- (f) the contribution schedule lot entitlement for the lot;\n- (g) the insurance held by the body corporate;\n- (h) whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;\n- (i) 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- (j) any of the following amounts owed to the body corporate by the owner of the lot— (i) a contribution to an agreed body corporate expense; (ii) another amount associated with ownership of the lot;\n- (i) a contribution to an agreed body corporate expense;\n- (ii) another amount associated with ownership of the lot;\n- (k) accounts kept with a financial institution by the body corporate;\n- (l) each body corporate asset with a value of more than $1,000;\n- (m) any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\n- (n) if the scheme was established for an existing 1980 plan and 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 name and contact details of each person who is responsible for keeping body corporate records; and\n- (iii) the name and contact details of any body corporate manager for the scheme; and\n- (iv) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (i) a contribution to an agreed body corporate expense;\n- (ii) another amount associated with ownership of the lot;\n- (a) a document stating the details of each insurance policy held by the body corporate;\n- (b) a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (n) .","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 om 2024 SL No. 210 s 18","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Return of body corporate property","content":"### sec.75 Return of body corporate property\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 specified two-lot 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—\nan owner of a lot included in a scheme or a representative of an owner; 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 written request from—\nthe owners of both lots in the scheme; or\nif the person is an owner of 1 of the lots—the owner of the other lot;\nrequiring the person to give, within 14 days after the person is served with the request, the specified property to the person named in the request.\nThe person must comply with the request.\nMaximum penalty—20 penalty units.\nThe person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\ns 75 reloc 2020 SL No. 232 s 14 (2)\namd 2024 SL No. 40 s 57\n(sec.75-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 specified two-lot 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— an owner of a lot included in a scheme or a representative of an owner; 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 written request from— the owners of both lots in the scheme; or if the person is an owner of 1 of the lots—the owner of the other lot; requiring the person to give, within 14 days after the person is served with the request, the specified property to the person named in the request.\n(sec.75-ssec.2) The person must comply with the request. Maximum penalty—20 penalty units.\n(sec.75-ssec.3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\n- (a) a person has possession or control of any of the following property (the specified property )— (i) a body corporate asset for a specified two-lot scheme; (ii) a record or other document of a body corporate; and\n- (i) a body corporate asset for a specified two-lot 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) an owner of a lot included in a scheme or a representative of an owner; 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) an owner of a lot included in a scheme or a representative of an owner; 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 written request from— (i) the owners of both lots in the scheme; or (ii) if the person is an owner of 1 of the lots—the owner of the other lot; requiring the person to give, within 14 days after the person is served with the request, the specified property to the person named in the request.\n- (i) the owners of both lots in the scheme; or\n- (ii) if the person is an owner of 1 of the lots—the owner of the other lot;\n- (i) a body corporate asset for a specified two-lot scheme;\n- (ii) a record or other document of a body corporate; and\n- (i) an owner of a lot included in a scheme or a representative of an owner; 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 owners of both lots in the scheme; or\n- (ii) if the person is an owner of 1 of the lots—the owner of the other lot;","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Documents in custody of body corporate manager","content":"### sec.76 Documents in custody of body corporate manager\n\nThis section applies if—\na person engaged as a body corporate manager for a specified two-lot scheme has custody of a document of the body corporate; and\nthe person holds the document in photographic or electronic 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 the body corporate the document in the form—\nof 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); and\nthat 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.\ns 76 reloc 2020 SL No. 232 s 14 (2)\n(sec.76-ssec.1) This section applies if— a person engaged as a body corporate manager for a specified two-lot scheme has custody of a document of the body corporate; and the person holds the document in photographic or electronic form; and the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\n(sec.76-ssec.2) The body corporate may require the person— to give 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); and that is immediately accessible by the body corporate; or to reproduce, and give to the body corporate, the document in paper form.\n(sec.76-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 specified two-lot scheme has custody of a document of the body corporate; and\n- (b) the person holds the document in photographic or electronic 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 the body corporate the document in the form— (i) 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); and (ii) that is immediately accessible by the body corporate; or\n- (i) 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); and\n- (ii) that is immediately accessible by the body corporate; or\n- (b) to reproduce, and give to the body corporate, the document in paper form.\n- (i) 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); and\n- (ii) that is immediately accessible by the body corporate; or","sortOrder":95},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":96},{"sectionNumber":"sec.76A","sectionType":"section","heading":null,"content":"### Section sec.76A\n\ns 76A ins 2020 SL No. 232 s 13\nom 2024 SL No. 40 s 58","sortOrder":97},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011","content":"# Transitional provisions for Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":"Main purposes of part","content":"### sec.77 Main purposes of part\n\nThe main purposes of this part are—\nto provide for a community titles scheme that changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies (a changed scheme ); and\nto provide for the continued application of particular provisions under a previous regulation to the changed scheme.\ns 77 amd 2020 SL No. 232 s 16\n- (a) to provide for a community titles scheme that changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies (a changed scheme ); and\n- (b) to provide for the continued application of particular provisions under a previous regulation to the changed scheme.","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Definitions for part","content":"### sec.78 Definitions for part\n\nIn this part—\nauthorised action or document means an action done or a document made or kept under a previous provision.\nchangeover day , for a community titles scheme, means the day an existing regulation stops applying to the scheme and this regulation starts applying to the scheme.\nprevious provision means a provision of a previous regulation as in force immediately before the changeover day.\nprevious regulation , for a community titles scheme, means a regulation under the Act applying to the scheme immediately before the changeover day.\ns 78 amd 2020 SL No. 232 s 17","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Authorised actions and documents etc. under previous provision","content":"### sec.79 Authorised actions and documents etc. under previous provision\n\nThis section applies to the following—\nan authorised action or document that continued to have effect or was in force immediately before the changeover day;\nan entity’s obligation under a previous provision that applied to the entity immediately before the changeover day;\na protection under a previous provision that applied to an entity immediately before the changeover day.\nSubject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a previous provision, if there is a corresponding provision to the previous provision, the authorised action or document, obligation or protection continues in force or to have effect according to its terms.\nIn this section—\ncorresponding provision , to a previous provision, means a provision of this regulation that is substantially the same as the previous provision.\n(sec.79-ssec.1) This section applies to the following— an authorised action or document that continued to have effect or was in force immediately before the changeover day; an entity’s obligation under a previous provision that applied to the entity immediately before the changeover day; a protection under a previous provision that applied to an entity immediately before the changeover day.\n(sec.79-ssec.2) Subject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a previous provision, if there is a corresponding provision to the previous provision, the authorised action or document, obligation or protection continues in force or to have effect according to its terms.\n(sec.79-ssec.3) In this section— corresponding provision , to a previous provision, means a provision of this regulation that is substantially the same as the previous provision.\n- (a) an authorised action or document that continued to have effect or was in force immediately before the changeover day;\n- (b) an entity’s obligation under a previous provision that applied to the entity immediately before the changeover day;\n- (c) a protection under a previous provision that applied to an entity immediately before the changeover day.","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"Existing obligation to pay contributions and penalties","content":"### sec.80 Existing obligation to pay contributions and penalties\n\nThis section applies if—\na community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\nimmediately before the changeover day, an owner of a lot included in the scheme had, under the previous regulation, an obligation to pay—\na contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\na special contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\na penalty for late payment imposed on the owner by the body corporate.\nThe owner continues to be liable to pay the contribution or the penalty to the body corporate for the scheme under this regulation.\n(sec.80-ssec.1) This section applies if— a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and immediately before the changeover day, an owner of a lot included in the scheme had, under the previous regulation, an obligation to pay— a contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or a special contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or a penalty for late payment imposed on the owner by the body corporate.\n(sec.80-ssec.2) The owner continues to be liable to pay the contribution or the penalty to the body corporate for the scheme under this regulation.\n- (a) a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\n- (b) immediately before the changeover day, an owner of a lot included in the scheme had, under the previous regulation, an obligation to pay— (i) a contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or (ii) a special contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or (iii) a penalty for late payment imposed on the owner by the body corporate.\n- (i) a contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\n- (ii) a special contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\n- (iii) a penalty for late payment imposed on the owner by the body corporate.\n- (i) a contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\n- (ii) a special contribution levied by the body corporate for the scheme on the owner of each lot in the scheme for a financial year; or\n- (iii) a penalty for late payment imposed on the owner by the body corporate.","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Recovery by body corporate of debts under previous regulation","content":"### sec.81 Recovery by body corporate of debts under previous regulation\n\nThis section applies if—\na community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\nimmediately before the changeover day, an owner of a lot included in the scheme had not paid a contribution or contribution instalment to the body corporate for the scheme by the date for payment under the previous regulation.\nThe body corporate may continue to recover from the owner any contribution or contribution instalment the owner is liable to pay under section 80 and may recover the following as a debt—\nthe amount of the contribution or contribution instalment;\nany penalty imposed under the previous regulation for not paying the contribution or contribution instalment;\nany costs reasonably incurred by the body corporate in recovering the amount.\n(sec.81-ssec.1) This section applies if— a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and immediately before the changeover day, an owner of a lot included in the scheme had not paid a contribution or contribution instalment to the body corporate for the scheme by the date for payment under the previous regulation.\n(sec.81-ssec.2) The body corporate may continue to recover from the owner any contribution or contribution instalment the owner is liable to pay under section 80 and may recover the following as a debt— the amount of the contribution or contribution instalment; any penalty imposed under the previous regulation for not paying the contribution or contribution instalment; any costs reasonably incurred by the body corporate in recovering the amount.\n- (a) a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\n- (b) immediately before the changeover day, an owner of a lot included in the scheme had not paid a contribution or contribution instalment to the body corporate for the scheme by the date for payment under the previous regulation.\n- (a) the amount of the contribution or contribution instalment;\n- (b) any penalty imposed under the previous regulation for not paying the contribution or contribution instalment;\n- (c) any costs reasonably incurred by the body corporate in recovering the amount.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Administrative and sinking funds under previous regulation","content":"### sec.82 Administrative and sinking funds under previous regulation\n\nThis section applies if—\na community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\nbefore the changeover day, the body corporate for the scheme kept an administrative fund or a sinking fund under the previous regulation; and\nimmediately before the changeover day, there was an amount in the administrative fund or the sinking fund.\nThe body corporate may use the amount in the administrative fund and the sinking fund only for the payment of agreed body corporate expenses or the payment of a premium or other charge for insurance required to be taken out by the body corporate.\nThe administrative and sinking funds continue until the funds are expended.\n(sec.82-ssec.1) This section applies if— a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and before the changeover day, the body corporate for the scheme kept an administrative fund or a sinking fund under the previous regulation; and immediately before the changeover day, there was an amount in the administrative fund or the sinking fund.\n(sec.82-ssec.2) The body corporate may use the amount in the administrative fund and the sinking fund only for the payment of agreed body corporate expenses or the payment of a premium or other charge for insurance required to be taken out by the body corporate.\n(sec.82-ssec.3) The administrative and sinking funds continue until the funds are expended.\n- (a) a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\n- (b) before the changeover day, the body corporate for the scheme kept an administrative fund or a sinking fund under the previous regulation; and\n- (c) immediately before the changeover day, there was an amount in the administrative fund or the sinking fund.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Rolls, registers and other documents or information kept under previous regulation","content":"### sec.83 Rolls, registers and other documents or information kept under previous regulation\n\nThis section applies if—\na community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\nimmediately before the changeover day, the body corporate for the scheme kept a roll, register or other documents or information (the existing records ) under the previous regulation that the body corporate is not required to keep under this regulation.\nThe body corporate must continue to keep the existing records for the period that applied under the previous regulation immediately before the changeover day.\nHowever, the body corporate is not required to maintain the existing records.\nThe body corporate must ensure that the existing records are clearly marked to show that the records have not been maintained since the date this regulation started applying to the scheme.\n(sec.83-ssec.1) This section applies if— a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and immediately before the changeover day, the body corporate for the scheme kept a roll, register or other documents or information (the existing records ) under the previous regulation that the body corporate is not required to keep under this regulation.\n(sec.83-ssec.2) The body corporate must continue to keep the existing records for the period that applied under the previous regulation immediately before the changeover day.\n(sec.83-ssec.3) However, the body corporate is not required to maintain the existing records.\n(sec.83-ssec.4) The body corporate must ensure that the existing records are clearly marked to show that the records have not been maintained since the date this regulation started applying to the scheme.\n- (a) a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\n- (b) immediately before the changeover day, the body corporate for the scheme kept a roll, register or other documents or information (the existing records ) under the previous regulation that the body corporate is not required to keep under this regulation.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Existing policies of insurance","content":"### sec.84 Existing policies of insurance\n\nThis section applies if—\na community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\nimmediately before the changeover day, the body corporate for the scheme held a policy of insurance that was in force.\nTo the extent the policy of insurance complied with the requirements under a previous regulation, the policy is taken to comply with chapter 6, part 9.\nSubsection (2) applies only until the policy is first renewed after the changeover day.\n(sec.84-ssec.1) This section applies if— a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and immediately before the changeover day, the body corporate for the scheme held a policy of insurance that was in force.\n(sec.84-ssec.2) To the extent the policy of insurance complied with the requirements under a previous regulation, the policy is taken to comply with chapter 6, part 9.\n(sec.84-ssec.3) Subsection (2) applies only until the policy is first renewed after the changeover day.\n- (a) a community titles scheme changes from being a scheme to which a previous regulation applied to being a specified two-lot scheme to which this regulation applies; and\n- (b) immediately before the changeover day, the body corporate for the scheme held a policy of insurance that was in force.","sortOrder":106},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Transitional provisions for Body Corporate and Community Management (Specified Two-lot Schemes Module) Amendment Regulation 2020","content":"# Transitional provisions for Body Corporate and Community Management (Specified Two-lot Schemes Module) Amendment Regulation 2020","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"Documents and materials to be given to body corporate by original owner","content":"### sec.85 Documents and materials to be given to body corporate by original owner\n\nThis section applies if, before the commencement, the original owner—\nstops being the owner of 1 or both of the lots included in a specified two-lot scheme; and\nhas not given the documents and materials mentioned in section 67(2) to the body corporate.\nSection 67 as in force immediately before the commencement continues to apply to the original owner.\ns 85 ins 2020 SL No. 232 s 18\n(sec.85-ssec.1) This section applies if, before the commencement, the original owner— stops being the owner of 1 or both of the lots included in a specified two-lot scheme; and has not given the documents and materials mentioned in section 67(2) to the body corporate.\n(sec.85-ssec.2) Section 67 as in force immediately before the commencement continues to apply to the original owner.\n- (a) stops being the owner of 1 or both of the lots included in a specified two-lot scheme; and\n- (b) has not given the documents and materials mentioned in section 67(2) to the body corporate.","sortOrder":108},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Transitional provision for Body Corporate and Community Management Legislation Amendment Regulation 2024","content":"# Transitional provision for Body Corporate and Community Management Legislation Amendment Regulation 2024","sortOrder":109},{"sectionNumber":"sec.86","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—executed document","content":"### sec.86 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 that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 33(4)(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 33 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\ns 86 ins 2024 SL No. 40 s 59\n(sec.86-ssec.1) This section applies if— before the commencement, a body corporate had executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 33(4)(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.86-ssec.2) Former section 33 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 executed a document to certify that the disposal of an interest in or the leasing or licensing of common property of a body corporate (a transaction ) had been authorised as required under former section 33(4)(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":110},{"sectionNumber":"sec.87","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—unexecuted document","content":"### sec.87 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 33; and\nimmediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 33(4)(a).\nNew section 33 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 87 ins 2024 SL No. 40 s 59\n(sec.87-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 33; and immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 33(4)(a).\n(sec.87-ssec.2) New section 33 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 33; and\n- (b) immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 33(4)(a).","sortOrder":111},{"sectionNumber":"sec.88","sectionType":"section","heading":"Easements over common property—executed document","content":"### sec.88 Easements over common property—executed document\n\nThis section applies if—\nbefore the commencement, a body corporate had, under former section 34, executed a lot owner agreement in relation to common property (the transaction ); and\nimmediately before the commencement, an instrument had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\nFormer section 34 continues to apply in relation to the copy of the lot owner agreement that must accompany the instrument lodged for registration under the Land Title Act 1994 .\ns 88 ins 2024 SL No. 40 s 59\n(sec.88-ssec.1) This section applies if— before the commencement, a body corporate had, under former section 34, executed a lot owner agreement in relation to common property (the transaction ); and immediately before the commencement, an instrument had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n(sec.88-ssec.2) Former section 34 continues to apply in relation to the copy of the lot owner agreement 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 34, executed a lot owner agreement in relation to common property (the transaction ); and\n- (b) immediately before the commencement, an instrument had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.","sortOrder":112},{"sectionNumber":"sec.89","sectionType":"section","heading":"Easements over common property—unexecuted document","content":"### sec.89 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 34; and\nimmediately before the commencement, the body corporate had not executed a lot owner agreement authorising the transaction under former section 34(3)(a).\nNew section 34 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 89 ins 2024 SL No. 40 s 59\n(sec.89-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 34; and immediately before the commencement, the body corporate had not executed a lot owner agreement authorising the transaction under former section 34(3)(a).\n(sec.89-ssec.2) New section 34 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 34; and\n- (b) immediately before the commencement, the body corporate had not executed a lot owner agreement authorising the transaction under former section 34(3)(a).","sortOrder":113},{"sectionNumber":"sec.90","sectionType":"section","heading":"Original owner’s return of body corporate property—particular circumstances","content":"### sec.90 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 67, required to provide documents and materials to a body corporate; and\nhad not provided the documents or materials.\nNew section 75 does not apply to the original owner.\ns 90 ins 2024 SL No. 40 s 59\n(sec.90-ssec.1) This section applies if, before the commencement, an original owner— was, under former section 67, required to provide documents and materials to a body corporate; and had not provided the documents or materials.\n(sec.90-ssec.2) New section 75 does not apply to the original owner.\n- (a) was, under former section 67, required to provide documents and materials to a body corporate; and\n- (b) had not provided the documents or materials.","sortOrder":114}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has been amended over time to add detailed administrative, disclosure and insurance obligations that extend the original, higher‑level purpose of prescribing engagement and basic management rules for two‑lot schemes. Examples of expansions: mandatory consideration of defect assessment reports and optional defect assessment plans (secs.31A–31B, inserted 2020); explicit electronic service and email consent rules and nominated online document delivery methods (secs.61A, 61C, inserted 2020 and 2024); mandatory independent replacement‑value valuations at least every 5 years (sec.51); extended original‑owner document handover requirements and more detailed record‑keeping duties (sec.67, sec.68, amended 2020 and 2024); and updated requirements for disposal or leasing of common property and easements with new registration document rules (secs.33, 34 and related transitional provisions in ch.8). These changes have increased the regulation's administrative and compliance detail while remaining within the original subject matter (management of specified two‑lot schemes)."},"complexity_factors":["Coverage across multiple domains: manager engagement, termination and disclosure; financial management; property maintenance; insurance; records and notices; and transitional arrangements (many Parts and Chapters).","Approximately sections 10–90 included (roughly 80–81 sections), producing length and scope.","Frequent cross‑references to primary Act, Land Title Act 1994, QCAT, planning Acts and other legislation (many external links increase interpretive complexity).","Numerous conditional branches and alternative paths (for example different insurance rules depending on plan type: building/volumetric/standard format — secs.49–55).","Multiple defined terms and situational definitions (e.g. 'agreed body corporate expense' sec.23; 'relevant person' sec.61).","Layered procedural steps with minimum time limits (remedial action notice min 14 days — sec.18) and strict time windows for delivery/transfer of documents (e.g. original owner must deliver materials within 2 months — sec.67).","Transitional provisions spanning several scenarios (secs.77–90), adding conditional legal history for schemes converting from previous regimes.","Prescribed monetary and administrative fees with formulaic rounding and priority fees (sec.73) — detail that increases operational complexity.","Multiple penalty outcomes for non‑compliance across sections (disclosure penalties, document delivery penalties, failure to return property) requiring enforcement understanding."],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Creates a tailored rule-set for \"specified two‑lot schemes\" (community title schemes with only two lots). Its stated purpose is to set out how bodies corporate may engage managers/contractors and how the body corporate must manage money, property and records (see sec.10, sec.22). \n\n- Engagements of managers or service contractors: a body corporate may only engage or amend an engagement with the approval of a lot owner agreement (meaning the owners must agree) (sec.11). Engagements must be written and must state term, functions and payment basis; they cannot be by by‑law or simply an owner’s representative instrument (sec.12). Manager/contractor terms are limited to 1 year including any extensions (sec.13) and an approval is ineffective if the engagement does not start within 1 year of the lot owner agreement (sec.14). Termination grounds and required procedures (including remedial notices) are set out (secs.15–18). \n\n- Conflicts and disclosure: body corporate managers must disclose relationships with suppliers (associates) and any commissions, payments or benefits tied to supplier contracts before the body corporate decides to appoint or continue a contract (secs.19–21). Non‑compliance attracts penalties (see the penalty unit amounts in those sections). \n\n- Financial management: items the body corporate agrees to pay are \"agreed body corporate expenses\" (sec.23). Each lot owner pays a proportionate share based on their contribution schedule lot entitlement unless the Act/regulation provides otherwise (secs.24–26). If one owner pays the other owner’s share, the paying owner can recover that amount as a debt (sec.27). The body corporate can borrow if a lot owner agreement authorises it (sec.28) and may keep funds in one or more bank accounts (sec.29). \n\n- Property management and maintenance: the body corporate must maintain common property and body corporate assets in good and, where structural, sound condition (sec.31, sec.37). The regulation clarifies which items owners must maintain themselves (for example, utility devices that serve only a particular lot — hot‑water systems, air‑conditioning, solar panels etc.) and allows the body corporate to recover reasonable costs attributable to someone’s actions (sec.31). There are provisions about exclusive‑use by‑laws, improvements, sale or lease of common property and easements, all generally requiring a lot owner agreement (secs.33–36, 34). \n\n- Insurance and valuations: the body corporate must insure common property and assets for full replacement value and, in many cases, must insure buildings that contain lots for full replacement value; the regulation sets rules for single‑insurer cover where buildings share common walls, optional voluntary schemes for stand‑alone buildings, the treatment of excesses and who bears them, and a requirement for an independent replacement‑value valuation at least every 5 years (secs.47–56, 51). Owners contribute to premiums proportionately (secs.48, 52). Owners must notify others (and the insurer) about improvements or uses likely to increase premiums (secs.53, 57). \n\n- Administration, records and communication: the regulation prescribes an address for service (including email if nominated), how documents must be given, what notices owners and others must provide (e.g. transfers, leases, mortgagee possession) and time limits for those notices (secs.61A–64). The original owner must hand over a long list of plans, insurance and administrative documents when they cease to be original owner (sec.67). The body corporate must keep specific records and either appoint an owner, their representative, or a manager to be the record‑keeper (secs.68–71). Access, fees for copies/certificates and disposal/retention timeframes are set out (secs.72–73, 69). There are transitional rules governing schemes moving from older regulations to this module (secs.77–90). \n\nWho this affects\n\n- The two owners in a specified two‑lot community titles scheme: the regulation repeatedly makes key decisions subject to a \"lot owner agreement\" — practically the owners of the two lots (see e.g. secs.11, 23, 28, 29, 33, 34, 41). \n- Body corporate managers and service contractors: their engagements, term length, disclosure duties and termination grounds are regulated (secs.11–21). \n- Owners of the lots are affected financially (contributions, insurance premiums, excesses), operationally (maintenance responsibilities) and administratively (notices and record keeping) (secs.24–27, 31, 48–56, 61–68). \n- Insurers and suppliers: the regulation shapes what must be insured and the information flows required before contracts are agreed (secs.19–21, 48–56). \n\nWhy it matters (stated purpose and practical test)\n\n- Stated purposes: the regulation says it prescribes engagement, financial and property management matters for specified two‑lot schemes (sec.10; sec.22). \n\n- Testing that aim against costs and incentives: the regulation concentrates decision‑making power into the \"lot owner agreement\" mechanism (many key powers require it — see secs.11, 23, 28, 33, 34, 41). For a two‑lot scheme that effectively means decisions require both owners’ agreement, which centralises control but also creates a veto point. That reduces the ability to bind owners long term (manager terms limited to 1 year — sec.13) and encourages short contracts (affecting manager business models and transaction frequency). \n\n- Compliance and administrative burden: detailed record‑keeping obligations (sec.67, sec.68), prescribed notices (sec.64), mandatory valuations (sec.51) and insurance requirements (secs.48–56) impose recurring costs on owners. These costs are allocated proportionately (secs.24, 48, 52), so each owner bears a defined share; when one owner pays another’s default the payer can recover the costs (sec.27), which creates an enforcement pathway but also the potential for disputes. \n\n- Conflict‑of‑interest controls and their trade‑offs: disclosure obligations for associates and commissions (secs.19–21) aim to reduce undisclosed conflicts; they impose modest compliance costs and create civil/penalty exposure for managers. The rules increase transparency but do not prohibit an associate transaction; they require notice before decisions are made (secs.19–21). \n\n- Insurance and risk allocation: the regulation pushes for full‑replacement cover and periodic valuations (secs.48, 49, 50, 51). That reduces uninsured shortfall risk for owners collectively, but increases premium and valuation costs. The rules explicitly allow insurers’ excesses but require owners/bodies corporate to avoid arrangements that unreasonably burden either owner (sec.54). \n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: owners of the two lots pay contributions for agreed body corporate expenses and insurance premiums in proportion to the prescribed entitlements (secs.24, 48, 52). If one owner covers another’s unpaid contribution, the paying owner may recover it as a debt (sec.27). \n- Who decides: most substantive powers (engaging managers, borrowing, leasing common property, setting accounts, establishing insurance schemes) are exercised only if authorised by a lot owner agreement — practically requiring agreement of both owners in a two‑lot scheme (see repeatedly: secs.11, 23, 28, 29, 33–36, 41, 55). \n- Behavioural effects: managers face short contract horizons and disclosure duties, encouraging more frequent procurement and greater transparency (secs.12–13, 19–21). Owners face clearer maintenance and insurance duties; they may shift behaviours to avoid premium increases (secs.31, 53, 57). Bodies corporate must keep and produce records and may be forced into more formal governance and documentation than an informal owner pair otherwise might have (secs.67–71). \n\nImplementation risks and trade‑offs\n\n- Implementation risk: the volume of documentary, valuation and insurance tasks (secs.51, 67, 48–50) creates practical compliance work for small owner pairs who may lack institutional capacity. \n- Trade‑offs: tighter conflict disclosure and insurance rules reduce ambiguity and allocation risk at the cost of time and money. Short manager terms (sec.13) promote competition and reduce lock‑in but raise transaction costs and can discourage large managers from servicing tiny schemes. The lot owner agreement requirement concentrates control but gives each owner an effective veto, which can prevent action where mutual consent is needed. \n\nSelected key sections for quick reference: sec.11–14 (manager engagements), sec.19–21 (disclosure), sec.23–29 (expenses, contributions and recovery), sec.31 (maintenance duties), secs.48–56 (insurance), secs.61–76 (administration, notices and records), secs.77–90 (transitional provisions).\n"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.13(3)","severity":"low","reasoning":"The scheme creates a perpetual annual re-engagement treadmill with no gap-filling provision if the parties fail to agree a new engagement in time. While not logically impossible, it creates operational absurdity for ongoing management.","confidence":0.55,"description":"After declaring that a person cannot act as body corporate manager or service contractor without a new engagement, the section creates a structural absurdity: since all engagements expire after 1 year maximum (sec.13(1)), and a new engagement requires a lot owner agreement (sec.11), combined with sec.14(2) requiring the term to start within 1 year of the lot owner agreement, there is a potentially endless cycle of mandatory re-engagement with no provision for continuity of management during transition gaps."},{"type":"self_contradicting","section":"sec.16(1)(b) and sec.16(2)","severity":"medium","reasoning":"The regulation requires engagements to state their terms including termination-relevant provisions (sec.12), but then overrides those terms by requiring a fresh lot owner agreement for any termination. The contractual termination right is illusory.","confidence":0.75,"description":"Section 16(1)(b) permits termination 'under the terms of the engagement' but sec.16(2) requires all terminations to be approved by a lot owner agreement. This renders any termination clause in the engagement itself effectively inoperative unless separately approved by lot owner agreement, making the inclusion of termination terms in an engagement (as required by sec.12(2)(b)) largely pointless and potentially misleading to contracting parties."},{"type":"impossible_compliance","section":"sec.18(3)(a)","severity":"medium","reasoning":"The notice template conflates body corporate manager-specific grounds (sec.18(1)(c)) with general grounds applicable to all contractors. A notice about a service contractor would have to reference grounds inapplicable to them, or omit the reference and risk non-compliance with the prescribed notice form.","confidence":0.7,"description":"The remedial action notice must state 'that the body corporate believes the person has acted in a way mentioned in subsection (1)(a) to (c)' — but subsection (1)(c) concerns body corporate managers only (code of conduct and specific section breaches), while the termination power under sec.18 also applies to service contractors. A remedial action notice for a service contractor would be required to reference grounds that do not apply to them, creating an impossible or misleading notice requirement."},{"type":"circular_definition","section":"sec.23(2)(a)","severity":"medium","reasoning":"The drafting creates a circular reference: expenditure is an agreed body corporate expense if it is necessary to comply with expenditure required to be incurred. 'Complying with an item of expenditure' is not a legally meaningful concept.","confidence":0.8,"description":"Section 23(2)(a) defines a deemed 'agreed body corporate expense' as expenditure 'necessary to comply with an item of expenditure that the body corporate is required to incur under the Act or this regulation.' This is circular and nonsensical — compliance with 'an item of expenditure' is not something you comply with; expenditure is incurred, not complied with. The provision appears to mean expenditure required by the Act or regulation, but as drafted it references compliance with expenditure, which is logically incoherent."},{"type":"other","section":"sec.27(2) and sec.27(3)","severity":"low","reasoning":"The structure creates an odd incentive: a contributing owner who withholds assistance financially is rewarded with standing to litigate. This is not strictly impossible but is internally absurd in policy terms.","confidence":0.6,"description":"Section 27(2) gives the contributing owner a discretionary power to pay the defaulting owner's contribution. Section 27(3) then gives the body corporate a recovery right only 'if the contributing owner does not pay' under sec.27(2)(a). However sec.27(4) then allows the contributing owner to sue on behalf of the body corporate to recover the body corporate's debt under sec.27(3) — but this right only arises if the contributing owner chose NOT to pay the defaulting owner's contribution. The contributing owner who chose not to pay is then empowered to litigate the body corporate's claim, creating a peculiar incentive to not assist the body corporate financially but then to pursue litigation on its behalf."},{"type":"other","section":"sec.31(4)(a)(ii)","severity":"low","reasoning":"The open-ended catch-all provision makes the specific list of items redundant and potentially creates unintended consequences by shifting maintenance responsibility for almost any device on common property to the lot owner.","confidence":0.65,"description":"Section 31(4)(a)(ii)(G) — 'another device providing a utility service to a lot' — is an infinitely broad catch-all that effectively negates the specificity of the preceding list (hot-water systems, washing machines, etc.). Any utility infrastructure on common property that services a single lot could fall within this category, meaning the body corporate's maintenance obligation for common property utility infrastructure is almost entirely displaced by lot owner responsibility, potentially including items the legislature never intended."},{"type":"other","section":"sec.31B(3) and sec.31B(4)","severity":"low","reasoning":"The cost-sharing formula creates a chicken-and-egg problem: cost per participant depends on total participation, but participation decisions are influenced by cost. This is not impossible but creates a coordination problem with no resolution mechanism.","confidence":0.5,"description":"Section 31B(3) states participation in the voluntary defect assessment plan is 'optional', yet sec.31B(4) imposes a financial liability on 'the owner of a lot who takes part.' While optional participation is consistent with voluntary liability, the calculation of the contribution as 'a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner's lot' is potentially circular — the proportionate share depends on how many participate, but commitment to participate may depend on the cost, which depends on how many participate."},{"type":"impossible_compliance","section":"sec.33(6) - definition of 'relevant Planning Act'","severity":"high","reasoning":"The Sustainable Planning Act 2009 was repealed by the Planning (Consequential) and Other Legislation Amendment Act 2016. Requiring a certificate under a repealed Act creates a compliance impossibility for transactions involving local government as the relevant planning body.","confidence":0.85,"description":"The definition of 'relevant Planning Act' in sec.33(6) refers to the Sustainable Planning Act 2009, which was repealed and replaced by the Planning Act 2016. This makes compliance with sec.33(4)(b) — requiring a certificate under the 'relevant Planning Act' — impossible in cases where the local government is the relevant planning body, as the referenced Act no longer exists."},{"type":"other","section":"sec.43(1)","severity":"low","reasoning":"The Queensland Building Services Authority was renamed the Queensland Building and Construction Commission in 2013. The outdated reference is a drafting flaw that may cause confusion, though savings provisions likely preserve its operation.","confidence":0.8,"description":"Section 43(1) empowers the body corporate to bring proceedings under the 'Queensland Building Services Authority Act 1991.' That Act was renamed the Queensland Building and Construction Commission Act 1991. While likely still functional due to legislative continuity provisions, the reference to a non-existent Act name on the face of a regulation creates potential confusion and arguable compliance issues."},{"type":"other","section":"sec.14(2)","severity":"low","reasoning":"The interaction of sec.13(1) and sec.14(2) can result in approved engagements that are valid but of negligible duration, with no remedy mechanism. This is a logical gap rather than a strict impossibility.","confidence":0.6,"description":"Section 14(2) provides that the body corporate's approval of an engagement is 'of no effect' if the term does not start within 1 year of the lot owner agreement. Combined with sec.13(1) requiring the maximum engagement term to be 1 year, this means an engagement approved on day 1 but not commencing until day 364 would have a maximum effective term of 1 day (since the engagement term cannot exceed 1 year from its start). The regulation provides no minimum term, creating the possibility of technically valid but practically meaningless engagements."}],"contradictions":[{"severity":"high","section_a":"sec.16(1)(b)","section_b":"sec.16(2)","confidence":0.8,"description":"Section 16(1)(b) allows termination 'under the terms of the engagement' — i.e., pursuant to contractual termination provisions agreed between the parties. However, sec.16(2) requires that ANY termination under sec.16(1) must be approved by a lot owner agreement. This means contractual termination rights in the engagement are overridden by a requirement for fresh agreement, making the contractual right redundant and creating a direct tension between contractual autonomy (recognised in sec.16(1)(b)) and regulatory override (sec.16(2))."},{"severity":"medium","section_a":"sec.12(2)(b)(i)","section_b":"sec.13(2)","confidence":0.75,"description":"Section 12(2)(b)(i) requires the engagement to state 'when the term starts and ends.' Section 13(2) provides that if the term 'purports to be longer than 1 year, it is taken to be 1 year.' This creates a contradiction where a valid, compliant engagement (stating a term longer than 1 year as agreed by the parties) is immediately modified by operation of law, making the stated end date false as a matter of law. The engagement is simultaneously required to state a specific end date and rendered inaccurate if that date exceeds 1 year."},{"severity":"medium","section_a":"sec.31(1)","section_b":"sec.31(4)(a)","confidence":0.65,"description":"Section 31(1) imposes a general duty on the body corporate to maintain common property in good condition. Section 31(4)(a) then carves out utility infrastructure on common property that serves only one lot, placing maintenance responsibility on the lot owner. However sec.31(4) states it applies 'despite anything in subsections (1) and (2)', yet does not resolve who bears responsibility where the utility infrastructure is structural in nature (which the body corporate must maintain in structurally sound condition under sec.31(1)). The override is potentially incomplete for structural utility infrastructure."},{"severity":"medium","section_a":"sec.42(2)","section_b":"sec.31(2)(b)","confidence":0.7,"description":"Section 42(2) requires the owner of a lot to maintain the lot in good condition. Section 31(2)(b) requires the body corporate to maintain in structurally sound condition foundation structures, roofing structures and load-bearing walls that are 'elements of scheme land that are not common property' — i.e., elements within lots. Section 42(3) carves out parts the body corporate must maintain, but the overlap between the lot owner's general maintenance obligation (sec.42(2)) and the body corporate's structural maintenance obligation (sec.31(2)(b)) for the same physical elements within a lot is not clearly resolved, particularly where good condition and structural soundness diverge."},{"severity":"low","section_a":"sec.33(2)(a)","section_b":"sec.33(2)(b)","confidence":0.7,"description":"Section 33(2)(a) permits the body corporate to 'sell or otherwise dispose of part of the common property' (emphasis: part only). Section 33(2)(b) permits the body corporate to 'grant or amend a lease or licence over part or the whole of the common property' — the whole. There is no equivalent power to sell or dispose of the whole of the common property, creating an asymmetry where the body corporate can lease away all common property indefinitely but cannot sell it. This may be intentional policy but creates a logical inconsistency in the extent of disposal powers."},{"severity":"low","section_a":"sec.44(2)","section_b":"sec.44(3)","confidence":0.6,"description":"Section 44(2) makes the lot owner responsible for 'maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies' in the absence of contrary provision. Section 44(3) then carves out roofing membranes and structural elements from that responsibility where the lot was created under a building format plan. However sec.31(2) already imposes these obligations on the body corporate for all building format lots regardless of exclusive use by-laws. Section 44(3) therefore creates a partial redundancy while the interaction between sec.44(2) and sec.31(2) for non-excluded items under an exclusive use by-law (e.g. who maintains common walls within the exclusive use area) remains unresolved."},{"severity":"medium","section_a":"sec.48(1)","section_b":"sec.49(2)","confidence":0.72,"description":"Section 48(1) requires the body corporate to insure common property for full replacement value. Section 49(2) requires the body corporate to insure each building containing a lot for full replacement value 'to the extent that the building is scheme land.' Where a building containing lots also constitutes or includes common property (as is common in building format schemes), both sections apply to overlapping subject matter, potentially requiring double insurance coverage or creating ambiguity about which provision governs the premium contribution calculation — sec.48(4) uses interest schedule lot entitlement, while sec.52 governs premiums under sec.49."},{"severity":"low","section_a":"sec.25(1)","section_b":"sec.25(2)","confidence":0.55,"description":"Section 25(1) states contributions are payable on or before the date fixed by one of the listed authorities. Section 25(2) states that 'if a date for payment is not fixed', the contribution is payable per a contribution notice under sec.26(2). However sec.26(3) says the contribution notice must be given 'as soon as practicable' after the agreed body corporate expense notice is received, and sec.26(4) says the date for payment in the contribution notice must be no later than the date in the expense notice. If the expense notice itself states no date (triggering sec.26(5)'s 30-day minimum), but the body corporate already 'fixed' a date by lot owner agreement under sec.25(1)(a), a conflict arises between the two payment date regimes with no clear priority rule."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":859},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a streamlined module for two-lot schemes. The 2020 and 2024 amendments added defect assessment requirements, updated address for service rules, and clarified document execution requirements — but these are evolutionary refinements rather than scope expansion. The core framework (lot owner agreements, simplified governance, tailored insurance) remains intact."},"complexity_factors":["Multiple cross-references to the Body Corporate and Community Management Act (the \"Act\") and other legislation (Land Title Act, Plumbing and Drainage Act, etc.)","Conditional logic based on plan type: building format vs standard format vs volumetric format plans have different insurance and maintenance rules","Nested definitions: \"agreed body corporate expense\" defined by reference to \"lot owner agreement\" which itself relies on Act definitions","Extensive insurance provisions with multiple exceptions and special cases (voluntary schemes, stand-alone buildings, common walls, excess payments)","Transitional provisions spanning three separate amending regulations (2011, 2020, 2024) with complex interaction rules","Prescribed fees calculated in \"fee units\" requiring conversion and rounding rules","Multiple notice requirements with varying timeframes (14 days, 30 days, 1 month, 1 year, 2 months, 5 years)","Definition of \"building\" for insurance excludes 5 categories of fixtures with examples"],"plain_english_summary":"This Queensland regulation sets out special rules for **\"specified two-lot schemes\"** — community title schemes with exactly two lots (think duplexes or two-unit developments). It provides a streamlined, less bureaucratic framework compared to larger schemes.\n\n**Key areas covered:**\n\n**Hiring and firing managers (Chapters 4)**\n- Body corporate managers and service contractors must be hired by **written agreement** approved by both lot owners (\"lot owner agreement\")\n- Contracts max out at **1 year** (including renewals)\n- Termination allowed for criminal convictions, misconduct, or failure to fix problems after a **14-day remedial notice**\n- Managers must disclose conflicts of interest — commissions from insurers, contracts with their associates\n\n**Money matters (Chapter 5)**\n- Expenses need **\"lot owner agreement\"** (both owners must agree), unless legally required (court orders, emergency repairs)\n- Contributions split by **\"contribution schedule lot entitlement\"** — basically, each owner pays their fair share based on their lot's value share\n- If one owner doesn't pay, the other can pay and recover the debt\n- Can borrow money with both owners' approval\n\n**Property and insurance (Chapter 6)**\n- Body corporate maintains **common property** (shared areas) and **body corporate assets**\n- Special rules for **building format plans** (multi-level units): body corporate must maintain structural elements like foundations, roofs, load-bearing walls even if they're not technically \"common property\"\n- **Insurance is mandatory**: full replacement value for buildings, common property, and public liability ($10M minimum)\n- Owners must notify the other owner about improvements that might affect insurance premiums\n- Special **voluntary insurance schemes** possible for stand-alone buildings (no common walls)\n\n**Administration (Chapter 7)**\n- Records kept by an appointed record-keeper (owner, representative, or manager)\n- Owners must notify each other of ownership changes, leases over 6 months, mortgagee possession\n- Fees prescribed for accessing records and body corporate certificates\n- Original developer must hand over building plans, warranties, insurance docs within **2 months** of selling out\n\n**The \"lot owner agreement\" concept**\nThis is the decision-making engine: **both owners must agree** on most things — hiring managers, spending money, selling common property, borrowing, improvements. No majority votes, no committees. It's designed for the simplicity of two-party arrangements.\n\n**Who this affects:** Owners of duplexes, dual-key apartments, or any two-lot community title scheme in Queensland, plus their managers, insurers, and lawyers."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to stay within its stated purpose of providing a simplified, tailored governance framework for two-lot community title schemes in Queensland. The scope — covering manager engagements, financial management, property maintenance, insurance, and common property dealings — is consistent throughout and does not appear to have expanded beyond what would be expected from a module regulation under the parent Act."},"complexity_factors":["Multiple interlocking chapters covering distinct but related topics (management, finance, property, insurance)","Requires understanding of specialist strata/community title concepts (lot entitlements, building format plans, common property, exclusive use by-laws, contribution schedule)","Cross-references to the parent Act and other legislation (Land Title Act, Plumbing and Drainage Act, Economic Development Act, Queensland Building Services Authority Act, QCAT legislation)","Different rules apply depending on how lots were created (building format vs standard format plan of subdivision)","Layered liability rules — debts can follow property to new owners and be enforced against co-owners jointly and severally","Distinction between 'interest schedule lot entitlement' and 'contribution schedule lot entitlement' for different cost-sharing purposes is subtle and confusing","Insurance provisions involve technical carve-outs and exceptions (building management statements, common wall situations, volumetric format plans)","Termination of engagements involves procedural requirements (remedial action notices with minimum timeframes) before rights crystallise"],"plain_english_summary":"This regulation creates a simplified rulebook for two‑lot community title schemes (e.g. duplexes) in Queensland, affecting lot owners, body corporate managers, contractors and occupiers. It makes almost all decisions subject to unanimous lot‑owner agreement, sets written short‑term contracting and conflict‑of‑interest disclosure rules, allocates shared maintenance, insurance and defect‑assessment responsibilities, and confirms cost‑sharing and recovery (debts can follow the property). It matters because it governs day‑to‑day management and dispute risk between the two owners."}},"importantCases":[],"_links":{"self":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011","history":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011/history","analysis":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011/analysis","conflicts":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011/conflicts","importantCases":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011/important-cases","documents":"/api/acts/body-corporate-and-community-management-specified-two-lot-schemes-module-regulation-2011/documents"}}