{"id":"qld:sl-2020-0233","name":"Body Corporate and Community Management (Standard Module) Regulation 2020","slug":"body-corporate-and-community-management-standard-module-regulation-2020","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"233 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173975,"registerId":"qld-sl-2020-0233-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"Requirement for committee— Act , s 98","content":"### sec.7 Requirement for committee— Act , s 98\n\nSubject to subsection (2) there must be a committee for the body corporate for a community titles scheme.\nThere is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.\n(sec.7-ssec.1) Subject to subsection (2) there must be a committee for the body corporate for a community titles scheme.\n(sec.7-ssec.2) There is no committee for the body corporate if the body corporate engages, under part 5 , a body corporate manager to carry out the functions of a committee and each executive member of a committee.","sortOrder":1},{"sectionNumber":"sec.8","sectionType":"section","heading":"Purposes of chapter","content":"### sec.8 Purposes of chapter\n\nThe purposes of this chapter are—\nto provide for the following matters in relation to a committee for the body corporate for a community titles scheme—\nthe composition of the committee;\nthe choosing of members of the committee;\nthe term of office of a member of the committee;\nthe filling of casual vacancies on the committee;\nthe meetings of the committee; and\nto prescribe issues about which the committee may not make decisions; and\nto enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and\nto provide for matters that involve members of the committee that must be authorised by the body corporate.\n- (a) to provide for the following matters in relation to a committee for the body corporate for a community titles scheme— (i) the composition of the committee; (ii) the choosing of members of the committee; (iii) the term of office of a member of the committee; (iv) the filling of casual vacancies on the committee; (v) the meetings of the committee; and\n- (i) the composition of the committee;\n- (ii) the choosing of members of the committee;\n- (iii) the term of office of a member of the committee;\n- (iv) the filling of casual vacancies on the committee;\n- (v) the meetings of the committee; and\n- (b) to prescribe issues about which the committee may not make decisions; and\n- (c) to enable the body corporate to engage a body corporate manager to carry out the functions of a committee and each executive member of a committee; and\n- (d) to provide for matters that involve members of the committee that must be authorised by the body corporate.\n- (i) the composition of the committee;\n- (ii) the choosing of members of the committee;\n- (iii) the term of office of a member of the committee;\n- (iv) the filling of casual vacancies on the committee;\n- (v) the meetings of the committee; and","sortOrder":2},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Committee membership","content":"# Committee membership","sortOrder":3},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Composition of committee— Act , section 99","content":"## Composition of committee— Act , section 99","sortOrder":4},{"sectionNumber":"sec.9","sectionType":"section","heading":"Composition of committee","content":"### sec.9 Composition of committee\n\nA committee must consist of the following persons—\nthe persons chosen to be the executive members of the committee;\nif ordinary members are chosen for the committee—the ordinary members;\neach person who is a non-voting member of the committee.\nThere must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee.\nA person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction.\nThe committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.\n(sec.9-ssec.1) A committee must consist of the following persons— the persons chosen to be the executive members of the committee; if ordinary members are chosen for the committee—the ordinary members; each person who is a non-voting member of the committee.\n(sec.9-ssec.2) There must be a chairperson, secretary and treasurer, whether or not there is a body corporate manager who has been authorised by the body corporate under section 119 of the Act to exercise some or all of the powers of an executive member of the committee.\n(sec.9-ssec.3) A person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction.\n(sec.9-ssec.4) The committee, other than a minor committee, must consist of at least 3 voting members and not more than the maximum number of voting members for the committee.\n- (a) the persons chosen to be the executive members of the committee;\n- (b) if ordinary members are chosen for the committee—the ordinary members;\n- (c) each person who is a non-voting member of the committee.","sortOrder":5},{"sectionNumber":"sec.10","sectionType":"section","heading":"Eligibility to be voting member","content":"### sec.10 Eligibility to be voting member\n\nA person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also—\na member of the body corporate; or\nif the nominating entity is an individual—\na member of the individual’s family; or\na person acting under the authority of a power of attorney given by the individual; or\nif the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or\nif the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.\nHowever, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is—\na body corporate manager, service contractor or letting agent; or\nan associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or\na person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or\na member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or\na person nominated by a member mentioned in paragraph (d) .\n(sec.10-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.\n(sec.10-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .\n- (a) a member of the body corporate; or\n- (b) if the nominating entity is an individual— (i) a member of the individual’s family; or (ii) a person acting under the authority of a power of attorney given by the individual; or\n- (i) a member of the individual’s family; or\n- (ii) a person acting under the authority of a power of attorney given by the individual; or\n- (c) if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or\n- (d) if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.\n- (i) a member of the individual’s family; or\n- (ii) a person acting under the authority of a power of attorney given by the individual; or\n- (a) a body corporate manager, service contractor or letting agent; or\n- (b) an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or\n- (c) a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or\n- (d) a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or\n- (e) a person nominated by a member mentioned in paragraph (d) .","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Co-owners or family members who are not eligible to be voting member","content":"### sec.11 Co-owners or family members who are not eligible to be voting member\n\nUnless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time.\nFor example, this regulation permits otherwise under sections 38 , 42 and 50 .\nAlso, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time—\nthe individual owner of the lot;\na member of the individual owner’s family;\na person acting under the authority of a power of attorney given to the person by the individual owner of the lot.\n(sec.11-ssec.1) Unless otherwise permitted under this regulation, for each lot that is co-owned, only 1 co-owner of the lot can be a voting member of the committee, on the basis of ownership of the lot, at a time. For example, this regulation permits otherwise under sections 38 , 42 and 50 .\n(sec.11-ssec.2) Also, for each lot that is owned, or co-owned, by an individual, only 1 of the following persons can be a voting member of the committee on the basis of ownership of the lot, at a time— the individual owner of the lot; a member of the individual owner’s family; a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.\n- (a) the individual owner of the lot;\n- (b) a member of the individual owner’s family;\n- (c) a person acting under the authority of a power of attorney given to the person by the individual owner of the lot.","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"Non-voting members of committee","content":"### sec.12 Non-voting members of committee\n\nThe following persons are, without further election or appointment, members of the committee—\na body corporate manager for the community titles scheme;\na caretaking service contractor for the scheme.\nA person who is a member under this section is—\na non-voting member of the committee; and\nnot entitled to vote at a meeting of the committee.\nSubsection (2) applies even if the person is a member of the body corporate.\n(sec.12-ssec.1) The following persons are, without further election or appointment, members of the committee— a body corporate manager for the community titles scheme; a caretaking service contractor for the scheme.\n(sec.12-ssec.2) A person who is a member under this section is— a non-voting member of the committee; and not entitled to vote at a meeting of the committee.\n(sec.12-ssec.3) Subsection (2) applies even if the person is a member of the body corporate.\n- (a) a body corporate manager for the community titles scheme;\n- (b) a caretaking service contractor for the scheme.\n- (a) a non-voting member of the committee; and\n- (b) not entitled to vote at a meeting of the committee.","sortOrder":8},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Choosing of committee— Act , section 99","content":"## Choosing of committee— Act , section 99","sortOrder":9},{"sectionNumber":"sec.13","sectionType":"section","heading":"When committee is chosen","content":"### sec.13 When committee is chosen\n\nThe members of the committee must be chosen at each annual general meeting of the body corporate.\nAlso, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 .\nHowever, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are—\nonly 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or\nonly 2 lots included in the scheme, and the 2 lots are in different ownership; or\n3 or more lots included in the scheme, and all the lots are in identical ownership; or\n3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or\n3 or more lots included in the scheme, and there are only 3 different owners for all the lots.\nIf subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee.\nIf subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them.\nIf subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them.\nSubsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee.\nA committee mentioned in subsection (4) , (5) or (6) is a minor committee .\n(sec.13-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate.\n(sec.13-ssec.2) Also, members of the committee may be chosen other than at an annual general meeting if they are appointed under subdivision 8 or division 3 , subdivision 2 .\n(sec.13-ssec.3) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots.\n(sec.13-ssec.4) If subsection (3) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee.\n(sec.13-ssec.5) If subsection (3) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them.\n(sec.13-ssec.6) If subsection (3) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them.\n(sec.13-ssec.7) Subsections (4) , (5) and (6) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee and each executive member of a committee.\n(sec.13-ssec.8) A committee mentioned in subsection (4) , (5) or (6) is a minor committee .\n- (a) only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or\n- (b) only 2 lots included in the scheme, and the 2 lots are in different ownership; or\n- (c) 3 or more lots included in the scheme, and all the lots are in identical ownership; or\n- (d) 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or\n- (e) 3 or more lots included in the scheme, and there are only 3 different owners for all the lots.","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"When committee may be chosen if previous committee was formed under s 13 (4)","content":"### sec.14 When committee may be chosen if previous committee was formed under s 13 (4)\n\nIf, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 13 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.\nThis subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.\n(sec.14-ssec.1) If, on the day the first annual general meeting of the body corporate is held, the committee is formed under section 13 (4) , a subsequent committee may be chosen at an extraordinary general meeting held before the next annual general meeting after the first annual general meeting.\n(sec.14-ssec.2) This subdivision applies to the extraordinary general meeting as if it were the next annual general meeting after the first annual general meeting.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Election of committee","content":"### sec.15 Election of committee\n\nThe members of the committee must be chosen by an election conducted under sections 16 to 39 , unless the body corporate decides by special resolution that the members are to be elected in another way.\nUnless otherwise provided under this regulation, the election of a member must be by ballot.\nFor an example of this regulation otherwise providing, see section  37.\nA ballot for membership of the committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot.\nThe value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme.\nFor subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.\nA way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme.\nHowever, this section does not apply to—\na member of a minor committee; or\ndeciding which of the executive member positions each member of a minor committee is to hold; or\na member of a committee chosen under subdivision 8 or division 3 , subdivision 2 .\n(sec.15-ssec.1) The members of the committee must be chosen by an election conducted under sections 16 to 39 , unless the body corporate decides by special resolution that the members are to be elected in another way.\n(sec.15-ssec.2) Unless otherwise provided under this regulation, the election of a member must be by ballot. For an example of this regulation otherwise providing, see section  37.\n(sec.15-ssec.3) A ballot for membership of the committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot.\n(sec.15-ssec.4) The value of any vote able to be cast for a lot included in the community titles scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme.\n(sec.15-ssec.5) For subsection (4) , it is immaterial whether there are 2 or more co-owners of 1 or more of the lots.\n(sec.15-ssec.6) A way decided by the body corporate under subsection (1) must be fair and reasonable in the circumstances of the scheme.\n(sec.15-ssec.7) However, this section does not apply to— a member of a minor committee; or deciding which of the executive member positions each member of a minor committee is to hold; or a member of a committee chosen under subdivision 8 or division 3 , subdivision 2 .\n- (a) a member of a minor committee; or\n- (b) deciding which of the executive member positions each member of a minor committee is to hold; or\n- (c) a member of a committee chosen under subdivision 8 or division 3 , subdivision 2 .","sortOrder":12},{"sectionNumber":"sec.16","sectionType":"section","heading":"Nomination procedures for committee election other than at first annual general meeting","content":"### sec.16 Nomination procedures for committee election other than at first annual general meeting\n\nThis section states how individuals are nominated for election as a voting member of the committee at the annual general meeting for the community titles scheme other than the first annual general meeting.\nThe secretary must serve a notice on each owner of a lot shown on the body corporate’s roll—\nsetting out an owner’s right of nomination under section 17 and inviting nomination; and\nstating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen.\nThe notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year.\nSee also section 86 .\nNominations must comply with section 18 and must be given to the secretary by the end of the body corporate’s financial year.\nAs soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.\n(sec.16-ssec.1) This section states how individuals are nominated for election as a voting member of the committee at the annual general meeting for the community titles scheme other than the first annual general meeting.\n(sec.16-ssec.2) The secretary must serve a notice on each owner of a lot shown on the body corporate’s roll— setting out an owner’s right of nomination under section 17 and inviting nomination; and stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen.\n(sec.16-ssec.3) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year. See also section 86 .\n(sec.16-ssec.4) Nominations must comply with section 18 and must be given to the secretary by the end of the body corporate’s financial year.\n(sec.16-ssec.5) As soon as practicable after receiving a nomination under this section, the secretary must forward written notice to the candidate acknowledging the nomination has been received.\n- (a) setting out an owner’s right of nomination under section 17 and inviting nomination; and\n- (b) stating that the owner, or a person nominated by the owner, is not eligible to be a voting member of the committee if the owner owes a body corporate debt in relation to a lot or lots owned by the owner at the time the members of the committee are chosen.","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Lot owner’s right of nomination","content":"### sec.17 Lot owner’s right of nomination\n\nThe owner of a lot may nominate 1 person for election as a voting member of the committee.\nHowever, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows—\nif the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons;\nMs Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election.\nMs Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.\nif the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons.\nMr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election.\nThe following persons may be nominated under subsection (1) or (2) —\nif the owner of the lot is an individual—\nthe owner of the lot; or\nan individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or\nanother individual who is an owner of a lot;\nif the owner of the lot is not an individual—\nan individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or\nan individual who is an owner of a lot.\nIf the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation.\nThe right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 16 and 19 .\nIn this section—\nowner , of a lot, includes co-owners of the lot.\n(sec.17-ssec.1) The owner of a lot may nominate 1 person for election as a voting member of the committee.\n(sec.17-ssec.2) However, if the owner owns more than 1 lot in the community titles scheme, the owner may nominate persons for the election as follows— if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election. if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election.\n(sec.17-ssec.3) The following persons may be nominated under subsection (1) or (2) — if the owner of the lot is an individual— the owner of the lot; or an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or another individual who is an owner of a lot; if the owner of the lot is not an individual— an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or an individual who is an owner of a lot.\n(sec.17-ssec.4) If the owner of a lot owes a body corporate debt when the owner’s nomination is received by the secretary, the owner’s nomination or nominations are taken not to comply with this regulation.\n(sec.17-ssec.5) The right of the owner of a lot to nominate persons for election under this section applies only for the purposes of sections 16 and 19 .\n(sec.17-ssec.6) In this section— owner , of a lot, includes co-owners of the lot.\n- (a) if the owner owns 2 lots or there are fewer than 7 lots included in the scheme—the owner may nominate 2 persons; Examples— 1 Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election. 2 Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.\n- 1 Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election.\n- 2 Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.\n- (b) if the owner owns more than 2 lots and there are 7 or more lots included in the scheme—the owner may nominate 3 persons. Example— Mr and Mrs Brown own 5 lots in a scheme that includes 12 lots. Mr and Mrs Brown may nominate 3 persons for election.\n- 1 Ms Jones owns 3 lots in a scheme that includes 6 lots. Ms Jones may nominate 2 persons for election.\n- 2 Ms Smith owns 2 lots in a scheme that includes 8 lots. Ms Smith may nominate 2 persons for election.\n- (a) if the owner of the lot is an individual— (i) the owner of the lot; or (ii) an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or (iii) another individual who is an owner of a lot;\n- (i) the owner of the lot; or\n- (ii) an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or\n- (iii) another individual who is an owner of a lot;\n- (b) if the owner of the lot is not an individual— (i) an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or (ii) an individual who is an owner of a lot.\n- (i) an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or\n- (ii) an individual who is an owner of a lot.\n- (i) the owner of the lot; or\n- (ii) an individual who may be nominated by the owner of the lot under section 10 (1) (b) ; or\n- (iii) another individual who is an owner of a lot;\n- (i) an individual who may be nominated by the owner of the lot under section 10 (1) (c) or (d) ; or\n- (ii) an individual who is an owner of a lot.","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requirements for nominations","content":"### sec.18 Requirements for nominations\n\nFor section 16 , a nomination must be made by written notice and—\nif the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or\nif the nomination is from an owner of a lot nominating an individual other than the owner—\nmust be signed and dated by the individual; and\nmust be countersigned by the owner, or a person acting under the authority of the owner.\nA nomination must contain each of the following details—\nthe family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known;\nthe position or positions the candidate is nominated for;\nwhether the candidate is an owner of a lot;\nif the candidate is not an owner of a lot—\nthe candidate’s residential or business address; and\nthe category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\nthe name of the owner of a lot who nominated the candidate;\ndetails of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.\npayment of the candidate’s expenses for travelling to committee meetings\n(sec.18-ssec.1) For section 16 , a nomination must be made by written notice and— if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or if the nomination is from an owner of a lot nominating an individual other than the owner— must be signed and dated by the individual; and must be countersigned by the owner, or a person acting under the authority of the owner.\n(sec.18-ssec.2) A nomination must contain each of the following details— the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known; the position or positions the candidate is nominated for; whether the candidate is an owner of a lot; if the candidate is not an owner of a lot— the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and the name of the owner of a lot who nominated the candidate; details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. payment of the candidate’s expenses for travelling to committee meetings\n- (a) if the nomination is from an owner of a lot nominating the owner—must be signed and dated by the owner; or\n- (b) if the nomination is from an owner of a lot nominating an individual other than the owner— (i) must be signed and dated by the individual; and (ii) must be countersigned by the owner, or a person acting under the authority of the owner.\n- (i) must be signed and dated by the individual; and\n- (ii) must be countersigned by the owner, or a person acting under the authority of the owner.\n- (i) must be signed and dated by the individual; and\n- (ii) must be countersigned by the owner, or a person acting under the authority of the owner.\n- (a) the family name and either the first given name or other name or abbreviation by which the nominated person (the candidate ) is generally known;\n- (b) the position or positions the candidate is nominated for;\n- (c) whether the candidate is an owner of a lot;\n- (d) if the candidate is not an owner of a lot— (i) the candidate’s residential or business address; and (ii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and (iii) the name of the owner of a lot who nominated the candidate;\n- (i) the candidate’s residential or business address; and\n- (ii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (iii) the name of the owner of a lot who nominated the candidate;\n- (e) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. Example of a payment for paragraph (e) — payment of the candidate’s expenses for travelling to committee meetings\n- (i) the candidate’s residential or business address; and\n- (ii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (iii) the name of the owner of a lot who nominated the candidate;","sortOrder":15},{"sectionNumber":"sec.19","sectionType":"section","heading":"Modified nomination procedures for committee election at first annual general meeting","content":"### sec.19 Modified nomination procedures for committee election at first annual general meeting\n\nAn owner of a lot may nominate individuals, as provided under section 17 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme.\nA nomination must be given at the meeting either—\norally from the floor of the meeting; or\nin writing handed to the person chairing the meeting.\n(sec.19-ssec.1) An owner of a lot may nominate individuals, as provided under section 17 , for election as a voting member of the committee for an election held at the first annual general meeting for the community titles scheme.\n(sec.19-ssec.2) A nomination must be given at the meeting either— orally from the floor of the meeting; or in writing handed to the person chairing the meeting.\n- (a) orally from the floor of the meeting; or\n- (b) in writing handed to the person chairing the meeting.","sortOrder":16},{"sectionNumber":"sec.20","sectionType":"section","heading":"Modified election procedures for committee election at first annual general meeting","content":"### sec.20 Modified election procedures for committee election at first annual general meeting\n\nIf, under this part, a committee election must be held at the first annual general meeting for the community titles scheme—\nthe duties imposed on the secretary under this part must be carried out by the original owner; and\nthe provisions of this part for the election of the committee are modified to the extent that they are inconsistent with the following requirements—\nno ballot papers need be issued before the meeting;\nto be entitled to vote, a person must be present at the meeting.\n- (a) the duties imposed on the secretary under this part must be carried out by the original owner; and\n- (b) the provisions of this part for the election of the committee are modified to the extent that they are inconsistent with the following requirements— (i) no ballot papers need be issued before the meeting; (ii) to be entitled to vote, a person must be present at the meeting.\n- (i) no ballot papers need be issued before the meeting;\n- (ii) to be entitled to vote, a person must be present at the meeting.\n- (i) no ballot papers need be issued before the meeting;\n- (ii) to be entitled to vote, a person must be present at the meeting.","sortOrder":17},{"sectionNumber":"sec.21","sectionType":"section","heading":"How elections by secret ballot may be held","content":"### sec.21 How elections by secret ballot may be held\n\nA person voting in a committee election held by secret ballot may vote—\nby casting a hard copy vote under section 23 ; or\nif section 24 applies—by casting an electronic vote under that section.\n- (a) by casting a hard copy vote under section 23 ; or\n- (b) if section 24 applies—by casting an electronic vote under that section.","sortOrder":18},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conducting committee elections held by secret ballot","content":"### sec.22 Conducting committee elections held by secret ballot\n\nThis section states how a committee election by secret ballot must be held.\nAfter nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required—\nchairperson;\nsecretary;\ntreasurer;\nordinary members of the committee.\nEach ballot must be conducted separately.\nHowever, the separate ballots mentioned in subsection (3) may appear on 1 document.\nFor each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing—\nafter each name, a blank space for voting purposes; and\nwhether the candidate is an owner of a lot; and\nif the candidate is not an owner of a lot—\nthe name of the owner of a lot who nominated the candidate; and\nthe candidate’s residential or business address; and\nthe category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\ndetails of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.\nFor examples of nomination requirements, see sections 10 , 17 and 18 .\nFor a hard copy vote, the secretary must forward with the notices for the annual general meeting—\nthe ballot papers; and\nan envelope marked ‘ballot paper’; and\neither of the following items—\na separate particulars envelope;\na particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.\nFor an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.\n(sec.22-ssec.1) This section states how a committee election by secret ballot must be held.\n(sec.22-ssec.2) After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; ordinary members of the committee.\n(sec.22-ssec.3) Each ballot must be conducted separately.\n(sec.22-ssec.4) However, the separate ballots mentioned in subsection (3) may appear on 1 document.\n(sec.22-ssec.5) For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 .\n(sec.22-ssec.6) For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope marked ‘ballot paper’; and either of the following items— a separate particulars envelope; a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.\n(sec.22-ssec.7) For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.\n- (a) chairperson;\n- (b) secretary;\n- (c) treasurer;\n- (d) ordinary members of the committee.\n- (a) after each name, a blank space for voting purposes; and\n- (b) whether the candidate is an owner of a lot; and\n- (c) if the candidate is not an owner of a lot— (i) the name of the owner of a lot who nominated the candidate; and (ii) the candidate’s residential or business address; and (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (i) the name of the owner of a lot who nominated the candidate; and\n- (ii) the candidate’s residential or business address; and\n- (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. Note— For examples of nomination requirements, see sections 10 , 17 and 18 .\n- (i) the name of the owner of a lot who nominated the candidate; and\n- (ii) the candidate’s residential or business address; and\n- (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (a) the ballot papers; and\n- (b) an envelope marked ‘ballot paper’; and\n- (c) either of the following items— (i) a separate particulars envelope; (ii) a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.\n- (i) a separate particulars envelope;\n- (ii) a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.\n- (i) a separate particulars envelope;\n- (ii) a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.","sortOrder":19},{"sectionNumber":"sec.23","sectionType":"section","heading":"Casting a hard copy vote—secret ballot","content":"### sec.23 Casting a hard copy vote—secret ballot\n\nTo cast a hard copy vote a person must—\nfor a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and\nfor a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and\nplace the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and\nif a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and\ncomplete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and stating the following information on the envelope or tab—\nthe number of the lot for which the vote is exercised;\nthe name of the owner of the lot;\nthe name of the person having the right to vote;\nthe basis for the person’s right to vote; and\ngive the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting.\n- (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and\n- (b) for a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and\n- (c) place the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and\n- (d) if a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and\n- (e) complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and stating the following information on the envelope or tab— (i) the number of the lot for which the vote is exercised; (ii) the name of the owner of the lot; (iii) the name of the person having the right to vote; (iv) the basis for the person’s right to vote; and\n- (i) the number of the lot for which the vote is exercised;\n- (ii) the name of the owner of the lot;\n- (iii) the name of the person having the right to vote;\n- (iv) the basis for the person’s right to vote; and\n- (f) give the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting.\n- (i) the number of the lot for which the vote is exercised;\n- (ii) the name of the owner of the lot;\n- (iii) the name of the person having the right to vote;\n- (iv) the basis for the person’s right to vote; and","sortOrder":20},{"sectionNumber":"sec.24","sectionType":"section","heading":"Casting an electronic vote—secret ballot","content":"### sec.24 Casting an electronic vote—secret ballot\n\nThis section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically.\nThe body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that—\ndoes not disclose a voter’s identity; and\nrejects a vote cast by a person who—\nis not eligible to vote in the election; or\nhas already voted in the election; and\ndoes not allow a person other than the secretary to receive the electronic votes.\nThe system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting.\nThe system may allow voters to cast a vote using a computer, smartphone or tablet computer.\nTo cast an electronic vote a person must comply with—\nthe instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote—\nbefore the annual general meeting; or\nif the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and\nany requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n(sec.24-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically.\n(sec.24-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes.\n(sec.24-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer.\n(sec.24-ssec.4) To cast an electronic vote a person must comply with— the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (a) does not disclose a voter’s identity; and\n- (b) rejects a vote cast by a person who— (i) is not eligible to vote in the election; or (ii) has already voted in the election; and\n- (i) is not eligible to vote in the election; or\n- (ii) has already voted in the election; and\n- (c) does not allow a person other than the secretary to receive the electronic votes.\n- (i) is not eligible to vote in the election; or\n- (ii) has already voted in the election; and\n- (a) the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— (i) before the annual general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and\n- (i) before the annual general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and\n- (b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (i) before the annual general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and","sortOrder":21},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conduct of secret ballot—general","content":"### sec.25 Conduct of secret ballot—general\n\nWhen a ballot is held a voter who has not cast a vote for the ballot may—\nask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or\ncast an electronic vote in the way this subdivision provides.\nAlso, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn—\nask the secretary to withdraw the vote already cast; and\nvote in the way this subdivision provides.\nAll votes cast before the annual general meeting ends are to be held in the custody of the secretary.\n(sec.25-ssec.1) When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides.\n(sec.25-ssec.2) Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides.\n(sec.25-ssec.3) All votes cast before the annual general meeting ends are to be held in the custody of the secretary.\n- (a) ask the secretary for a ballot paper and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote in the way this subdivision provides; or\n- (b) cast an electronic vote in the way this subdivision provides.\n- (a) ask the secretary to withdraw the vote already cast; and\n- (b) vote in the way this subdivision provides.","sortOrder":22},{"sectionNumber":"sec.26","sectionType":"section","heading":"How elections for committee by open ballot may be held","content":"### sec.26 How elections for committee by open ballot may be held\n\nA person voting in an election for the committee held by open ballot may vote—\nby casting a hard copy vote under section 28 ; or\nif section 29 applies—by casting an electronic vote under that section.\n- (a) by casting a hard copy vote under section 28 ; or\n- (b) if section 29 applies—by casting an electronic vote under that section.","sortOrder":23},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conduct of elections for committee—open ballot","content":"### sec.27 Conduct of elections for committee—open ballot\n\nThis section states how a committee election by open ballot must be held.\nAfter nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required—\nchairperson;\nsecretary;\ntreasurer;\nthe ordinary members of the committee.\nEach ballot must be conducted separately.\nHowever, the separate ballots mentioned in subsection (3) may appear on 1 document.\nFor each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing—\nafter each name, a blank space for voting purposes; and\nwhether the candidate is an owner of a lot; and\nif the candidate is not an owner of a lot—\nthe name of the owner of a lot who nominated the candidate; and\nthe candidate’s residential or business address; and\nthe category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\ndetails of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.\nFor examples of nomination requirements, see sections 10 , 17 and 18 .\nFor a hard copy vote, the secretary must forward with the notices for the annual general meeting—\nthe ballot papers; and\nan envelope, self-addressed to the secretary, marked ‘ballot paper’.\nFor an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.\n(sec.27-ssec.1) This section states how a committee election by open ballot must be held.\n(sec.27-ssec.2) After nominations close, the secretary must prepare hard copy ballot papers, and if applicable an electronic form of the ballot papers, for each of the following positions for which a ballot is required— chairperson; secretary; treasurer; the ordinary members of the committee.\n(sec.27-ssec.3) Each ballot must be conducted separately.\n(sec.27-ssec.4) However, the separate ballots mentioned in subsection (3) may appear on 1 document.\n(sec.27-ssec.5) For each ballot, the secretary must list the names of the properly nominated candidates in alphabetical order of family name, showing— after each name, a blank space for voting purposes; and whether the candidate is an owner of a lot; and if the candidate is not an owner of a lot— the name of the owner of a lot who nominated the candidate; and the candidate’s residential or business address; and the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member. For examples of nomination requirements, see sections 10 , 17 and 18 .\n(sec.27-ssec.6) For a hard copy vote, the secretary must forward with the notices for the annual general meeting— the ballot papers; and an envelope, self-addressed to the secretary, marked ‘ballot paper’.\n(sec.27-ssec.7) For an electronic vote, the secretary must forward, with the notices for the annual general meeting, instructions on how a person may cast a vote.\n- (a) chairperson;\n- (b) secretary;\n- (c) treasurer;\n- (d) the ordinary members of the committee.\n- (a) after each name, a blank space for voting purposes; and\n- (b) whether the candidate is an owner of a lot; and\n- (c) if the candidate is not an owner of a lot— (i) the name of the owner of a lot who nominated the candidate; and (ii) the candidate’s residential or business address; and (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (i) the name of the owner of a lot who nominated the candidate; and\n- (ii) the candidate’s residential or business address; and\n- (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a committee member.\n- (i) the name of the owner of a lot who nominated the candidate; and\n- (ii) the candidate’s residential or business address; and\n- (iii) the category of person mentioned in section 10 (1) (b) , (c) or (d) to which the candidate belongs; and\n- (a) the ballot papers; and\n- (b) an envelope, self-addressed to the secretary, marked ‘ballot paper’.","sortOrder":24},{"sectionNumber":"sec.28","sectionType":"section","heading":"Casting a hard copy vote—open ballot","content":"### sec.28 Casting a hard copy vote—open ballot\n\nTo cast a hard copy vote a person must—\nfor a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and\nfor a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and\nsign each ballot paper the voter completes; and\non each completed ballot paper, write the number of the lot for which the vote is exercised; and\nif the ballot paper is not completed at the annual general meeting—\nplace the ballot paper in the ballot paper envelope supplied by the secretary; and\nseal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d) ; and\ngive the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and\nif the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.\n- (a) for a ballot for the position of chairperson, secretary or treasurer—place a mark on the ballot paper in the space opposite the name of the candidate the person wishes to vote for; and\n- (b) for a ballot for the ordinary member positions—place a mark on the ballot paper in each of the spaces opposite the names of however many candidates the person wishes to vote for; and\n- (c) sign each ballot paper the voter completes; and\n- (d) on each completed ballot paper, write the number of the lot for which the vote is exercised; and\n- (e) if the ballot paper is not completed at the annual general meeting— (i) place the ballot paper in the ballot paper envelope supplied by the secretary; and (ii) seal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d) ; and (iii) give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and\n- (i) place the ballot paper in the ballot paper envelope supplied by the secretary; and\n- (ii) seal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d) ; and\n- (iii) give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and\n- (f) if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.\n- (i) place the ballot paper in the ballot paper envelope supplied by the secretary; and\n- (ii) seal the envelope, and write on the back of the envelope the lot number mentioned in paragraph (d) ; and\n- (iii) give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and","sortOrder":25},{"sectionNumber":"sec.29","sectionType":"section","heading":"Casting an electronic vote—open ballot","content":"### sec.29 Casting an electronic vote—open ballot\n\nThis section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by open ballot may cast votes electronically.\nThe body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that—\nrejects a vote cast by a person who—\nis not eligible to vote in the election; or\nhas already voted in the election; and\ndoes not allow a person other than the secretary to receive the electronic votes.\nThe system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting.\nThe system may allow voters to cast a vote using a computer, smartphone or tablet computer.\nTo cast an electronic vote a person must comply with—\nthe instructions given by the secretary under section 27 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote—\nbefore the annual general meeting; or\nif the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and\nany requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n(sec.29-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by open ballot may cast votes electronically.\n(sec.29-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— rejects a vote cast by a person who— is not eligible to vote in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes.\n(sec.29-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer.\n(sec.29-ssec.4) To cast an electronic vote a person must comply with— the instructions given by the secretary under section 27 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (a) rejects a vote cast by a person who— (i) is not eligible to vote in the election; or (ii) has already voted in the election; and\n- (i) is not eligible to vote in the election; or\n- (ii) has already voted in the election; and\n- (b) does not allow a person other than the secretary to receive the electronic votes.\n- (i) is not eligible to vote in the election; or\n- (ii) has already voted in the election; and\n- (a) the instructions given by the secretary under section 27 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— (i) before the annual general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and\n- (i) before the annual general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and\n- (b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (i) before the annual general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting; and","sortOrder":26},{"sectionNumber":"sec.30","sectionType":"section","heading":"Conduct of open ballot—general","content":"### sec.30 Conduct of open ballot—general\n\nWhen a ballot is held a voter who has not cast a vote for the ballot may—\nask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or\ncast an electronic vote in the way this subdivision provides.\nAlso, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn—\nask the secretary to withdraw the vote already cast; and\nvote in the way this subdivision provides.\nAll votes cast before the annual general meeting ends are to be held in the custody of the secretary.\n(sec.30-ssec.1) When a ballot is held a voter who has not cast a vote for the ballot may— ask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or cast an electronic vote in the way this subdivision provides.\n(sec.30-ssec.2) Also, a voter who wishes to withdraw a vote already cast for the ballot and submit a replacement vote in the way this subdivision provides may, if the vote already cast can be readily identified and withdrawn— ask the secretary to withdraw the vote already cast; and vote in the way this subdivision provides.\n(sec.30-ssec.3) All votes cast before the annual general meeting ends are to be held in the custody of the secretary.\n- (a) ask the secretary for a ballot paper and cast a hard copy vote in the way this subdivision provides; or\n- (b) cast an electronic vote in the way this subdivision provides.\n- (a) ask the secretary to withdraw the vote already cast; and\n- (b) vote in the way this subdivision provides.","sortOrder":27},{"sectionNumber":"sec.31","sectionType":"section","heading":"General requirements for ballots","content":"### sec.31 General requirements for ballots\n\nUnless section 74 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting.\nThe election of members takes effect immediately after the close of the meeting at which they are elected.\nEach ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot.\nEach candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count.\nThe secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.\n(sec.31-ssec.1) Unless section 74 (5) applies, any items of business about the election of members of the committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting.\n(sec.31-ssec.2) The election of members takes effect immediately after the close of the meeting at which they are elected.\n(sec.31-ssec.3) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot.\n(sec.31-ssec.4) Each candidate for a ballot, and any scrutineer appointed by a candidate, may watch the count.\n(sec.31-ssec.5) The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.","sortOrder":28},{"sectionNumber":"sec.32","sectionType":"section","heading":"Order of ballots","content":"### sec.32 Order of ballots\n\nBallots for the positions on the committee for which ballots are required must be conducted in the following order—\nchairperson;\nsecretary;\ntreasurer;\nordinary members.\n- (a) chairperson;\n- (b) secretary;\n- (c) treasurer;\n- (d) ordinary members.","sortOrder":29},{"sectionNumber":"sec.33","sectionType":"section","heading":"Conduct of ballot—scrutiny of votes","content":"### sec.33 Conduct of ballot—scrutiny of votes\n\nIf a ballot for positions on the committee is an open ballot, the person chairing the meeting must—\nconfirm each vote is the vote of a person who has the right to vote in the election; and\nif a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.\nSubsection (3) applies if—\na ballot for positions on the committee is a secret ballot; and\nany votes in the ballot were cast as hard copy votes.\nThe person chairing the meeting must—\nfor each hard copy vote—\nconfirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and\ntake the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and\nplace the ballot paper envelope in a receptacle in open view of the meeting; and\nafter paragraph (a) has been complied with for all ballot paper envelopes—\nrandomly mix the envelopes; and\ntake each ballot paper out of its envelope.\nSubsection (5) applies if—\na ballot for positions on the committee is a secret ballot; and\nany votes in the ballot were cast as electronic votes.\nThe person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election.\nThe person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.\nThe person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if—\nthe person chairing the meeting considers the delegate has sufficient independence; and\nthe delegate is not a candidate for the position.\n(sec.33-ssec.1) If a ballot for positions on the committee is an open ballot, the person chairing the meeting must— confirm each vote is the vote of a person who has the right to vote in the election; and if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.\n(sec.33-ssec.2) Subsection (3) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as hard copy votes.\n(sec.33-ssec.3) The person chairing the meeting must— for each hard copy vote— confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and place the ballot paper envelope in a receptacle in open view of the meeting; and after paragraph (a) has been complied with for all ballot paper envelopes— randomly mix the envelopes; and take each ballot paper out of its envelope.\n(sec.33-ssec.4) Subsection (5) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as electronic votes.\n(sec.33-ssec.5) The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election.\n(sec.33-ssec.6) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.\n(sec.33-ssec.7) The person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if— the person chairing the meeting considers the delegate has sufficient independence; and the delegate is not a candidate for the position.\n- (a) confirm each vote is the vote of a person who has the right to vote in the election; and\n- (b) if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.\n- (a) a ballot for positions on the committee is a secret ballot; and\n- (b) any votes in the ballot were cast as hard copy votes.\n- (a) for each hard copy vote— (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and\n- (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and\n- (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and\n- (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and\n- (b) after paragraph (a) has been complied with for all ballot paper envelopes— (i) randomly mix the envelopes; and (ii) take each ballot paper out of its envelope.\n- (i) randomly mix the envelopes; and\n- (ii) take each ballot paper out of its envelope.\n- (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and\n- (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and\n- (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and\n- (i) randomly mix the envelopes; and\n- (ii) take each ballot paper out of its envelope.\n- (a) a ballot for positions on the committee is a secret ballot; and\n- (b) any votes in the ballot were cast as electronic votes.\n- (a) the person chairing the meeting considers the delegate has sufficient independence; and\n- (b) the delegate is not a candidate for the position.","sortOrder":30},{"sectionNumber":"sec.34","sectionType":"section","heading":"Conduct of ballot—declaration and recording of voting results","content":"### sec.34 Conduct of ballot—declaration and recording of voting results\n\nThe person chairing an annual general meeting must declare the result of an election.\nWhen declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.\nThe number of votes cast for each candidate must be recorded in the minutes of the meeting.\nThe voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under this subdivision—\na list of the votes, identified by lot number, rejected as informal; and\nfor each vote rejected—the reason for the rejection; and\nthe total number of votes counted for each candidate.\nThe voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under this subdivision—\na list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and\na list of the hard copy votes taken out of ballot paper envelopes for counting, but rejected as informal; and\nfor each vote rejected—the reason for the rejection; and\nthe total number of votes counted for each candidate.\nThe voting tally sheet may be inspected at the meeting by any of the following persons—\na person who is a voter for the meeting;\na candidate;\nthe returning officer, if any, appointed by the body corporate for the meeting;\nthe person chairing the meeting;\na scrutineer appointed by a candidate under section 31 (4) .\n(sec.34-ssec.1) The person chairing an annual general meeting must declare the result of an election.\n(sec.34-ssec.2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.\n(sec.34-ssec.3) The number of votes cast for each candidate must be recorded in the minutes of the meeting.\n(sec.34-ssec.4) The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under this subdivision— a list of the votes, identified by lot number, rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate.\n(sec.34-ssec.5) The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under this subdivision— a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and a list of the hard copy votes taken out of ballot paper envelopes for counting, but rejected as informal; and for each vote rejected—the reason for the rejection; and the total number of votes counted for each candidate.\n(sec.34-ssec.6) The voting tally sheet may be inspected at the meeting by any of the following persons— a person who is a voter for the meeting; a candidate; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting; a scrutineer appointed by a candidate under section 31 (4) .\n- (a) a list of the votes, identified by lot number, rejected as informal; and\n- (b) for each vote rejected—the reason for the rejection; and\n- (c) the total number of votes counted for each candidate.\n- (a) a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened; and\n- (b) a list of the hard copy votes taken out of ballot paper envelopes for counting, but rejected as informal; and\n- (c) for each vote rejected—the reason for the rejection; and\n- (d) the total number of votes counted for each candidate.\n- (a) a person who is a voter for the meeting;\n- (b) a candidate;\n- (c) the returning officer, if any, appointed by the body corporate for the meeting;\n- (d) the person chairing the meeting;\n- (e) a scrutineer appointed by a candidate under section 31 (4) .","sortOrder":31},{"sectionNumber":"sec.35","sectionType":"section","heading":"Conduct of ballot—deciding executive member positions","content":"### sec.35 Conduct of ballot—deciding executive member positions\n\nIf only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed.\nFor examples of nomination requirements, see sections 10 , 17 and 18 .\nIf, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—\nmust invite nominations for the position at the meeting; and\nmust accept nominations that are made in either of the following ways—\nby a member of the body corporate who is present at the meeting;\nin writing, by a member of the body corporate not present at the meeting.\nA member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position.\nSubsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme.\nTo remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.\nIf more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected.\nIf, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.\n(sec.35-ssec.1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 10 , 17 and 18 .\n(sec.35-ssec.2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting.\n(sec.35-ssec.3) A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position.\n(sec.35-ssec.4) Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme.\n(sec.35-ssec.5) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.\n(sec.35-ssec.6) If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected.\n(sec.35-ssec.7) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.\n- (a) must invite nominations for the position at the meeting; and\n- (b) must accept nominations that are made in either of the following ways— (i) by a member of the body corporate who is present at the meeting; (ii) in writing, by a member of the body corporate not present at the meeting.\n- (i) by a member of the body corporate who is present at the meeting;\n- (ii) in writing, by a member of the body corporate not present at the meeting.\n- (i) by a member of the body corporate who is present at the meeting;\n- (ii) in writing, by a member of the body corporate not present at the meeting.","sortOrder":32},{"sectionNumber":"sec.36","sectionType":"section","heading":"Deciding ordinary members of committee—general","content":"### sec.36 Deciding ordinary members of committee—general\n\nThe positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled.\nA person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee.\nSubsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting.\n(sec.36-ssec.1) The positions of the ordinary members of the committee may only be decided after the executive member positions on the committee are filled.\n(sec.36-ssec.2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the committee.\n(sec.36-ssec.3) Subsection (2) applies even if the person’s name appears on a list of candidates for ordinary members forwarded before the meeting.","sortOrder":33},{"sectionNumber":"sec.37","sectionType":"section","heading":"Deciding ordinary member positions—declaration or ballot","content":"### sec.37 Deciding ordinary member positions—declaration or ballot\n\nSubsection (2) applies if, at an annual general meeting—\nthe number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and\nthe person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation.\nFor examples of nomination requirements, see sections 10 , 17 and 18 .\nThe person chairing the meeting must declare the candidates to have been elected as ordinary members.\nSubsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee.\nA ballot must be conducted for the election of ordinary members of the committee.\n(sec.37-ssec.1) Subsection (2) applies if, at an annual general meeting— the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. For examples of nomination requirements, see sections 10 , 17 and 18 .\n(sec.37-ssec.2) The person chairing the meeting must declare the candidates to have been elected as ordinary members.\n(sec.37-ssec.3) Subsection (4) applies if the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is more than the maximum number of voting members for the committee.\n(sec.37-ssec.4) A ballot must be conducted for the election of ordinary members of the committee.\n- (a) the number of candidates nominated for ordinary member positions plus the number of executive members of the committee is not more than the maximum number of voting members for the committee; and\n- (b) the person chairing the meeting is satisfied the nominations for the ordinary member positions comply with this regulation. Note— For examples of nomination requirements, see sections 10 , 17 and 18 .","sortOrder":34},{"sectionNumber":"sec.38","sectionType":"section","heading":"Deciding ordinary member positions—inviting nominees","content":"### sec.38 Deciding ordinary member positions—inviting nominees\n\nThis section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee.\nThe person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number.\nIf nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3.\nThe person chairing the meeting—\nmust invite nominations for the position or positions at the meeting; and\nmust accept nominations that are made in either of the following ways—\nby a member of the body corporate who is present at the meeting;\nin writing, by a member of the body corporate not present at the meeting.\nA member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited.\nSubsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme.\nTo remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.\n(sec.38-ssec.1) This section applies if, at an annual general meeting, the number of the ordinary members plus the number of executive members of the committee is less than the maximum number of voting members for the committee.\n(sec.38-ssec.2) The person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of voting members for the committee to the maximum number.\n(sec.38-ssec.3) If nominations are called for under subsection (2) and 1 co-owner of a lot has been elected as a member of the committee, not more than 1 other co-owner of the lot may be nominated for an ordinary member position if necessary to bring the total number of voting members of the committee to 3.\n(sec.38-ssec.4) The person chairing the meeting— must invite nominations for the position or positions at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting.\n(sec.38-ssec.5) A member of the body corporate may nominate, under subsection (4) (b) , not more than 1 person for all ordinary member positions for which nominations are invited.\n(sec.38-ssec.6) Subsection (5) applies even if the member is the owner of more than 1 lot included in the community titles scheme.\n(sec.38-ssec.7) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee.\n- (a) must invite nominations for the position or positions at the meeting; and\n- (b) must accept nominations that are made in either of the following ways— (i) by a member of the body corporate who is present at the meeting; (ii) in writing, by a member of the body corporate not present at the meeting.\n- (i) by a member of the body corporate who is present at the meeting;\n- (ii) in writing, by a member of the body corporate not present at the meeting.\n- (i) by a member of the body corporate who is present at the meeting;\n- (ii) in writing, by a member of the body corporate not present at the meeting.","sortOrder":35},{"sectionNumber":"sec.39","sectionType":"section","heading":"Conduct of ballot—deciding ordinary member positions","content":"### sec.39 Conduct of ballot—deciding ordinary member positions\n\nThis section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee.\nThe persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members.\nIf, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides.\nFor the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void.\n(sec.39-ssec.1) This section applies if, at an annual general meeting, it is necessary to conduct a ballot for ordinary members of the committee.\n(sec.39-ssec.2) The persons who receive the highest numbers of votes in the ballot, in descending order until the committee numbers the maximum number of voting members for the committee, must be declared elected as the ordinary members.\n(sec.39-ssec.3) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides.\n(sec.39-ssec.4) For the counting of votes for positions of ordinary members of the committee cast before the annual general meeting, a vote cast for each person who has already been elected to an executive member position is void.","sortOrder":36},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.40 Definitions for subdivision\n\nIn this subdivision—\nelected member , of a committee, means an executive or ordinary member of the committee elected at a relevant annual general meeting of the body corporate.\nrelevant annual general meeting means an annual general meeting of a body corporate, other than an annual general meeting mentioned in section 13 (3) , at which—\nat least 1 person is elected as an executive or ordinary member of the committee; and\neither—\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee elected is less than 3; and\nthe body corporate does not approve the engagement of a body corporate manager under part 5 .\n- (a) at least 1 person is elected as an executive or ordinary member of the committee; and\n- (b) either— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee elected is less than 3; and\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee elected is less than 3; and\n- (c) the body corporate does not approve the engagement of a body corporate manager under part 5 .\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee elected is less than 3; and","sortOrder":37},{"sectionNumber":"sec.41","sectionType":"section","heading":"Requirement to call extraordinary general meeting","content":"### sec.41 Requirement to call extraordinary general meeting\n\nWithin 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate.\nThe extraordinary meeting must be held within 2 months after the relevant annual general meeting.\nSection 84 does not apply to the calling or holding of the extraordinary general meeting.\n(sec.41-ssec.1) Within 1 month after a relevant annual general meeting is held, the elected member of the committee or, if there is more than 1 elected member, the elected members of the committee acting jointly, must call an extraordinary general meeting of the body corporate.\n(sec.41-ssec.2) The extraordinary meeting must be held within 2 months after the relevant annual general meeting.\n(sec.41-ssec.3) Section 84 does not apply to the calling or holding of the extraordinary general meeting.","sortOrder":38},{"sectionNumber":"sec.42","sectionType":"section","heading":"Appointment of committee member at extraordinary general meeting","content":"### sec.42 Appointment of committee member at extraordinary general meeting\n\nAt an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee.\nIf 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3.\nA person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee.\n(sec.42-ssec.1) At an extraordinary general meeting called under this subdivision, the body corporate may appoint, without conducting an election, a person who is eligible to be a member of the committee to fill a vacancy on the committee.\n(sec.42-ssec.2) If 1 co-owner of a lot is an elected member of the committee, not more than 1 other co-owner of the lot may be appointed under this section as an ordinary member if necessary to bring the total number of voting members of the committee to 3.\n(sec.42-ssec.3) A person must not be appointed under this section as a member of the committee if, following the appointment, the committee would number more than the maximum number of voting members for the committee.","sortOrder":39},{"sectionNumber":"sec.43","sectionType":"section","heading":"Engagement of body corporate manager under pt 5 at extraordinary general meeting","content":"### sec.43 Engagement of body corporate manager under pt 5 at extraordinary general meeting\n\nThe agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 .\nThe motion may be considered at the meeting only if, following any appointment of committee members under section 42 —\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee is less than 3.\nIf the motion is considered at the meeting, it must be considered as the last item of business for the meeting.\n(sec.43-ssec.1) The agenda of an extraordinary general meeting of a body corporate held under this subdivision must include a motion approving a person’s engagement as a body corporate manager under part 5 .\n(sec.43-ssec.2) The motion may be considered at the meeting only if, following any appointment of committee members under section 42 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3.\n(sec.43-ssec.3) If the motion is considered at the meeting, it must be considered as the last item of business for the meeting.\n- (a) at least 1 executive member position on the committee is not filled; or\n- (b) the total number of voting members of the committee is less than 3.","sortOrder":40},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Term of office, removal from office and filling of vacancies","content":"## Term of office, removal from office and filling of vacancies","sortOrder":41},{"sectionNumber":"sec.44","sectionType":"section","heading":"Term of office— Act , s 99","content":"### sec.44 Term of office— Act , s 99\n\nThe term of office of a member of the committee continues until—\nanother person is chosen for the position; or\nthe member’s position becomes vacant under subsection (2) ; or\nthe member’s term of office ends under subsection (4) .\nA member’s position becomes vacant if the member—\ndies; or\nbecomes ineligible to hold the position; or\nresigns by written notice given to the chairperson or secretary; or\nis not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or\nis convicted, whether or not a conviction is recorded, of an indictable offence; or\nis removed from office by ordinary resolution of the body corporate; or\nis removed from office under section 45 .\nFor subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member—\nwas a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or\nwas not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or\nis engaged as a body corporate manager or service contractor, or authorised as a letting agent.\nThe term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .\nTo remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.\n(sec.44-ssec.1) The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (4) .\n(sec.44-ssec.2) A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 45 .\n(sec.44-ssec.3) For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or is engaged as a body corporate manager or service contractor, or authorised as a letting agent.\n(sec.44-ssec.4) The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .\n(sec.44-ssec.5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.\n- (a) another person is chosen for the position; or\n- (b) the member’s position becomes vacant under subsection (2) ; or\n- (c) the member’s term of office ends under subsection (4) .\n- (a) dies; or\n- (b) becomes ineligible to hold the position; or\n- (c) resigns by written notice given to the chairperson or secretary; or\n- (d) is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or\n- (e) is convicted, whether or not a conviction is recorded, of an indictable offence; or\n- (f) is removed from office by ordinary resolution of the body corporate; or\n- (g) is removed from office under section 45 .\n- (a) was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or\n- (b) was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or\n- (c) is engaged as a body corporate manager or service contractor, or authorised as a letting agent.","sortOrder":42},{"sectionNumber":"sec.45","sectionType":"section","heading":"Removal from office for breaching code of conduct— Act , s 101B","content":"### sec.45 Removal from office for breaching code of conduct— Act , s 101B\n\nFor section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct.\nA body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters—\nthat the body corporate believes the member has breached a stated provision of the code of conduct;\ndetails sufficient to identify the breach in not more than 600 words;\nthat the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\nthat, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\nthat the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\nIf asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate.\nIf a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must—\ninclude on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and\nattach to the agenda a copy of the notice given to the member.\nAt the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.\n(sec.45-ssec.1) For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct.\n(sec.45-ssec.2) A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters— that the body corporate believes the member has breached a stated provision of the code of conduct; details sufficient to identify the breach in not more than 600 words; that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words; that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate; that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\n(sec.45-ssec.3) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate.\n(sec.45-ssec.4) If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must— include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and attach to the agenda a copy of the notice given to the member.\n(sec.45-ssec.5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.\n- (a) that the body corporate believes the member has breached a stated provision of the code of conduct;\n- (b) details sufficient to identify the breach in not more than 600 words;\n- (c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;\n- (d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;\n- (e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.\n- (a) include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and\n- (b) attach to the agenda a copy of the notice given to the member.","sortOrder":43},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of subdivision","content":"### sec.46 Application of subdivision\n\nThis subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 44 (2) .\nHowever, this subdivision does not apply to a person who is a member of a minor committee.\n(sec.46-ssec.1) This subdivision applies if the position of an executive or ordinary member of the committee becomes vacant under section 44 (2) .\n(sec.46-ssec.2) However, this subdivision does not apply to a person who is a member of a minor committee.","sortOrder":44},{"sectionNumber":"sec.47","sectionType":"section","heading":"Replacement of member removed from office by body corporate","content":"### sec.47 Replacement of member removed from office by body corporate\n\nIf the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy.\nIt is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) .\n(sec.47-ssec.1) If the reason for the vacancy is that the committee member is removed from office by ordinary resolution of the body corporate under subdivision 1 , the body corporate may, at the general meeting at which the resolution is passed, appoint a person who is eligible to be a member of the committee to fill the vacancy.\n(sec.47-ssec.2) It is not necessary for the body corporate to conduct an election to make an appointment under subsection (1) .","sortOrder":45},{"sectionNumber":"sec.48","sectionType":"section","heading":"Committee must appoint new member or call general meeting of body corporate","content":"### sec.48 Committee must appoint new member or call general meeting of body corporate\n\nWithin 1 month after the position of the member of the committee becomes vacant, the committee must—\nif the number of its members has not fallen below the number required for a quorum—\nappoint a person who is eligible to be a member of the committee to fill the vacancy; or\ncall a general meeting of the body corporate to choose a person to fill the vacancy; or\nif the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy.\nHowever, subsection (1) does not apply if the body corporate fills the vacancy under section 47 .\n(sec.48-ssec.1) Within 1 month after the position of the member of the committee becomes vacant, the committee must— if the number of its members has not fallen below the number required for a quorum— appoint a person who is eligible to be a member of the committee to fill the vacancy; or call a general meeting of the body corporate to choose a person to fill the vacancy; or if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy.\n(sec.48-ssec.2) However, subsection (1) does not apply if the body corporate fills the vacancy under section 47 .\n- (a) if the number of its members has not fallen below the number required for a quorum— (i) appoint a person who is eligible to be a member of the committee to fill the vacancy; or (ii) call a general meeting of the body corporate to choose a person to fill the vacancy; or\n- (i) appoint a person who is eligible to be a member of the committee to fill the vacancy; or\n- (ii) call a general meeting of the body corporate to choose a person to fill the vacancy; or\n- (b) if the number of its members has fallen below the number required for a quorum—call a general meeting of the body corporate to choose a person to fill the vacancy.\n- (i) appoint a person who is eligible to be a member of the committee to fill the vacancy; or\n- (ii) call a general meeting of the body corporate to choose a person to fill the vacancy; or","sortOrder":46},{"sectionNumber":"sec.49","sectionType":"section","heading":"Requirements for notice of general meeting","content":"### sec.49 Requirements for notice of general meeting\n\nIf a general meeting is called under section 48 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee.\nThe explanatory note must state that—\nan owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and\na nomination may be made—\norally from the floor of the meeting; or\nby giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and\nan owner of a lot must be present personally at the general meeting to vote in the election.\n(sec.49-ssec.1) If a general meeting is called under section 48 , the notice of the meeting must be accompanied by an explanatory note prepared by the committee.\n(sec.49-ssec.2) The explanatory note must state that— an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and a nomination may be made— orally from the floor of the meeting; or by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and an owner of a lot must be present personally at the general meeting to vote in the election.\n- (a) an owner of a lot may nominate a person for election to a vacant executive member or ordinary member position if the owner does not owe a body corporate debt at the time of the meeting; and\n- (b) a nomination may be made— (i) orally from the floor of the meeting; or (ii) by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and\n- (i) orally from the floor of the meeting; or\n- (ii) by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and\n- (c) an owner of a lot must be present personally at the general meeting to vote in the election.\n- (i) orally from the floor of the meeting; or\n- (ii) by giving, in a way mentioned in section 221 (2) , a written nomination to a member of the committee named in the explanatory note so the member receives the nomination before the election is conducted at the meeting; and","sortOrder":47},{"sectionNumber":"sec.50","sectionType":"section","heading":"Election of committee member at general meeting","content":"### sec.50 Election of committee member at general meeting\n\nAt a general meeting called under section 48 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position.\nSubject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate.\nA way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme.\nThe person chairing the general meeting must—\ninvite nominations for all vacant executive or ordinary member positions at the meeting; and\naccept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting—\nnominations made orally from the floor of the meeting;\nwritten nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.\nThe named committee member must give the person chairing the meeting all nominations received before the election is conducted.\nAn owner of a lot may nominate not more than 1 person for election to any of the following positions—\na vacant executive member position;\nall vacant ordinary member positions.\nSubsection (6) applies even if the member is the owner of more than 1 lot included in the scheme.\nIf 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3.\nTo be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting.\nThe value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme.\nSubsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots.\nThe election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.\n(sec.50-ssec.1) At a general meeting called under section 48 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position.\n(sec.50-ssec.2) Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate.\n(sec.50-ssec.3) A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme.\n(sec.50-ssec.4) The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.\n(sec.50-ssec.5) The named committee member must give the person chairing the meeting all nominations received before the election is conducted.\n(sec.50-ssec.6) An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions.\n(sec.50-ssec.7) Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme.\n(sec.50-ssec.8) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3.\n(sec.50-ssec.9) To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting.\n(sec.50-ssec.10) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme.\n(sec.50-ssec.11) Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots.\n(sec.50-ssec.12) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.\n- (a) invite nominations for all vacant executive or ordinary member positions at the meeting; and\n- (b) accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— (i) nominations made orally from the floor of the meeting; (ii) written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.\n- (i) nominations made orally from the floor of the meeting;\n- (ii) written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.\n- (i) nominations made orally from the floor of the meeting;\n- (ii) written nominations given in a way mentioned in section 221 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.\n- (a) a vacant executive member position;\n- (b) all vacant ordinary member positions.","sortOrder":48},{"sectionNumber":"sec.51","sectionType":"section","heading":"Engagement of body corporate manager under pt 5 at general meeting","content":"### sec.51 Engagement of body corporate manager under pt 5 at general meeting\n\nIf a general meeting is called under section 48 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 .\nThe motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions is conducted at the meeting under section 50 —\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee is less than 3.\nIf the motion is considered at the general meeting, it must be considered as the last item of business for the meeting.\n(sec.51-ssec.1) If a general meeting is called under section 48 , the agenda for the general meeting must include a motion approving the engagement of a person as a body corporate manager under part 5 .\n(sec.51-ssec.2) The motion may be considered at the general meeting only if, after the election to fill all vacant committee member positions is conducted at the meeting under section 50 — at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3.\n(sec.51-ssec.3) If the motion is considered at the general meeting, it must be considered as the last item of business for the meeting.\n- (a) at least 1 executive member position on the committee is not filled; or\n- (b) the total number of voting members of the committee is less than 3.","sortOrder":49},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Restricted issues— Act , section 100","content":"# Restricted issues— Act , section 100","sortOrder":50},{"sectionNumber":"sec.52","sectionType":"section","heading":"Restricted issues for committee","content":"### sec.52 Restricted issues for committee\n\nA decision is a decision on a restricted issue for the committee if it is a decision—\nfixing or changing a contribution to be levied by the body corporate; or\nchanging rights, privileges or obligations of the owners of lots included in the community titles scheme; or\non an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or\nIssues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 230 .\nthat may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or\nto start a proceeding, other than—\na proceeding to recover a liquidated debt against the owner of a lot; or\na counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\na proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\na prescribed chapter 6 proceeding; or\nto pay remuneration, allowances or expenses to a member of the committee unless, under section 53 , the decision is not a decision on a restricted issue for the committee.\nIn this section—\nprescribed chapter 6 proceeding —\nmeans a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but\ndoes not include an appeal against an adjudicator’s order.\n(sec.52-ssec.1) A decision is a decision on a restricted issue for the committee if it is a decision— fixing or changing a contribution to be levied by the body corporate; or changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 230 . that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or to start a proceeding, other than— a proceeding to recover a liquidated debt against the owner of a lot; or a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or a prescribed chapter 6 proceeding; or to pay remuneration, allowances or expenses to a member of the committee unless, under section 53 , the decision is not a decision on a restricted issue for the committee.\n(sec.52-ssec.2) In this section— prescribed chapter 6 proceeding — means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but does not include an appeal against an adjudicator’s order.\n- (a) fixing or changing a contribution to be levied by the body corporate; or\n- (b) changing rights, privileges or obligations of the owners of lots included in the community titles scheme; or\n- (c) on an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate; or Note— Issues reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate, must be recorded in a register—see section 230 .\n- (d) that may only be made by resolution without dissent, special resolution, majority resolution or ordinary resolution of the body corporate; or\n- (e) to start a proceeding, other than— (i) a proceeding to recover a liquidated debt against the owner of a lot; or (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or (iv) a prescribed chapter 6 proceeding; or\n- (i) a proceeding to recover a liquidated debt against the owner of a lot; or\n- (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\n- (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\n- (iv) a prescribed chapter 6 proceeding; or\n- (f) to pay remuneration, allowances or expenses to a member of the committee unless, under section 53 , the decision is not a decision on a restricted issue for the committee.\n- (i) a proceeding to recover a liquidated debt against the owner of a lot; or\n- (ii) a counterclaim, third-party proceeding or other proceeding in relation to a proceeding to which the body corporate is already a party; or\n- (iii) a proceeding for an offence under chapter 3 , part 5 , division 4 of the Act ; or\n- (iv) a prescribed chapter 6 proceeding; or\n- (a) means a proceeding, including a proceeding for the enforcement of an adjudicator’s order, under chapter 6 of the Act ; but\n- (b) does not include an appeal against an adjudicator’s order.","sortOrder":51},{"sectionNumber":"sec.53","sectionType":"section","heading":"Exceptions to restricted issues for committee","content":"### sec.53 Exceptions to restricted issues for committee\n\nA decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if—\nthe decision is made by ordinary resolution of the body corporate stating—\nthe full amount of the remuneration, allowances or expenses; and\nif the payment relates to expenses—the reason the expenses were incurred; and\nan explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper.\nFor a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel.\nAlso, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if—\nthe decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and\nthe reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.\n(sec.53-ssec.1) A decision to pay remuneration, allowances or expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is made by ordinary resolution of the body corporate stating— the full amount of the remuneration, allowances or expenses; and if the payment relates to expenses—the reason the expenses were incurred; and an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel.\n(sec.53-ssec.2) Also, a decision to pay expenses to a member of the committee is not a decision on a restricted issue for the committee if— the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.\n- (a) the decision is made by ordinary resolution of the body corporate stating— (i) the full amount of the remuneration, allowances or expenses; and (ii) if the payment relates to expenses—the reason the expenses were incurred; and\n- (i) the full amount of the remuneration, allowances or expenses; and\n- (ii) if the payment relates to expenses—the reason the expenses were incurred; and\n- (b) an explanatory schedule stating full details of the remuneration, allowances or expenses accompanied the relevant voting paper. Example— For a payment relating to a mileage allowance, full details would include the distance travelled, the date of travel, the cost per kilometre and the reason for travel.\n- (i) the full amount of the remuneration, allowances or expenses; and\n- (ii) if the payment relates to expenses—the reason the expenses were incurred; and\n- (a) the decision is for the reimbursement of expenses of not more than $50 incurred by the member in attending a committee meeting; and\n- (b) the reimbursement would not result in the member being reimbursed more than $300 in a 12-month period for expenses incurred by the member in attending committee meetings.","sortOrder":52},{"sectionNumber":"sec.53A","sectionType":"section","heading":null,"content":"### Section sec.53A\n\ns 53A ins 2020 Act No. 38 s 39 sch 1\nexp 30 April 2022 (see s 53A(2))","sortOrder":53},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Committee meetings— Act , section 101","content":"# Committee meetings— Act , section 101","sortOrder":54},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Administrative arrangements for committee meetings","content":"## Administrative arrangements for committee meetings","sortOrder":55},{"sectionNumber":"sec.54","sectionType":"section","heading":"Who may call committee meetings","content":"### sec.54 Who may call committee meetings\n\nA meeting of the committee may be called by—\nthe secretary or, in the secretary’s absence, the chairperson; or\nin the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.\nThe secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee.\nSee section 60 .\nThe meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting.\nIf the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.\nThe secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days.\n(sec.54-ssec.1) A meeting of the committee may be called by— the secretary or, in the secretary’s absence, the chairperson; or in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.\n(sec.54-ssec.2) The secretary or, in the secretary’s absence, the chairperson must call a meeting if requested, in writing, to call the meeting by enough members of the committee to form a quorum at a meeting of the committee. See section 60 .\n(sec.54-ssec.3) The meeting must be held within 21 days after the secretary or chairperson receives the request to call the meeting.\n(sec.54-ssec.4) If the meeting is not held within 21 days, the meeting may be called by another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.\n(sec.54-ssec.5) The secretary and chairperson may both be presumed to be absent if the request for the meeting, addressed to the secretary and chairperson, is given at the address for service of the body corporate and no reply is received within 7 days.\n- (a) the secretary or, in the secretary’s absence, the chairperson; or\n- (b) in the absence of both the secretary and the chairperson—another member of the committee acting with the agreement of enough members to form a quorum at a meeting of the committee.","sortOrder":56},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice of committee meetings","content":"### sec.55 Notice of committee meetings\n\nA meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held.\nThe notice must be given—\nat least 7 days before the meeting; or\nat least 2 days before the meeting, if all voting members of the committee—\nvote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\nagree in writing to the reduced notice period for the proposed meeting.\nAlso, advice of the proposed meeting—\nif the body corporate maintains a noticeboard—must be placed on the noticeboard; and\nmust be given to each owner of a lot individually, other than an owner who—\nhas instructed the secretary that the owner does not wish to be given advice of committee meetings; and\nhas not withdrawn the instruction.\nThe advice mentioned in subsection (3) —\nmust state when and where the meeting is to be held; and\nmust be accompanied by the agenda for the meeting; and\nmust be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.\n(sec.55-ssec.1) A meeting of the committee is called by giving written notice to all other committee members stating when and where the meeting is to be held.\n(sec.55-ssec.2) The notice must be given— at least 7 days before the meeting; or at least 2 days before the meeting, if all voting members of the committee— vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or agree in writing to the reduced notice period for the proposed meeting.\n(sec.55-ssec.3) Also, advice of the proposed meeting— if the body corporate maintains a noticeboard—must be placed on the noticeboard; and must be given to each owner of a lot individually, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction.\n(sec.55-ssec.4) The advice mentioned in subsection (3) — must state when and where the meeting is to be held; and must be accompanied by the agenda for the meeting; and must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.\n- (a) at least 7 days before the meeting; or\n- (b) at least 2 days before the meeting, if all voting members of the committee— (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\n- (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (i) vote, at the last meeting of the committee held before the proposed meeting, in favour of the reduced notice period for the proposed meeting; or\n- (ii) agree in writing to the reduced notice period for the proposed meeting.\n- (a) if the body corporate maintains a noticeboard—must be placed on the noticeboard; and\n- (b) must be given to each owner of a lot individually, other than an owner who— (i) has instructed the secretary that the owner does not wish to be given advice of committee meetings; and (ii) has not withdrawn the instruction.\n- (i) has instructed the secretary that the owner does not wish to be given advice of committee meetings; and\n- (ii) has not withdrawn the instruction.\n- (i) has instructed the secretary that the owner does not wish to be given advice of committee meetings; and\n- (ii) has not withdrawn the instruction.\n- (a) must state when and where the meeting is to be held; and\n- (b) must be accompanied by the agenda for the meeting; and\n- (c) must be placed on the noticeboard and given to the owner of a lot when notice of the meeting is given to committee members.","sortOrder":57},{"sectionNumber":"sec.56","sectionType":"section","heading":"Place of committee meetings","content":"### sec.56 Place of committee meetings\n\nThe first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting.\nAfter the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee.\nDespite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary.\n(sec.56-ssec.1) The first meeting of the committee after the committee is formed must be held at a place decided by the person calling the meeting.\n(sec.56-ssec.2) After the first meeting of the committee is held, a committee meeting must be held at a place decided by the committee.\n(sec.56-ssec.3) Despite subsections (1) and (2) , a committee meeting must not be held more than 15km, measured in a straight line on a horizontal plane, from scheme land if members making up at least half of the number of committee members needed for a quorum so require by written notice given to the secretary.","sortOrder":58},{"sectionNumber":"sec.57","sectionType":"section","heading":"Agenda for committee meetings","content":"### sec.57 Agenda for committee meetings\n\nThe notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting.\nHowever, the committee may also consider other issues raised at the meeting.\nThe agenda must include the substance of the following motions—\nif there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting;\nif the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution.\nIn this section—\nrelevant day means—\nthe day of the preceding meeting of the committee; or\nif there has not been a previous meeting of the committee—the day the committee was formed.\n(sec.57-ssec.1) The notice calling a committee meeting must include an agenda stating the substance of issues to be considered at the meeting.\n(sec.57-ssec.2) However, the committee may also consider other issues raised at the meeting.\n(sec.57-ssec.3) The agenda must include the substance of the following motions— if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting; if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution.\n(sec.57-ssec.4) In this section— relevant day means— the day of the preceding meeting of the committee; or if there has not been a previous meeting of the committee—the day the committee was formed.\n- (a) if there has been a previous meeting of the committee—a motion to confirm the minutes of the preceding meeting;\n- (b) if the committee has passed, after the relevant day, a resolution other than at a meeting of the committee—a motion to confirm the resolution.\n- (a) the day of the preceding meeting of the committee; or\n- (b) if there has not been a previous meeting of the committee—the day the committee was formed.","sortOrder":59},{"sectionNumber":"sec.58","sectionType":"section","heading":"Submission for consideration of motions at committee meetings—generally","content":"### sec.58 Submission for consideration of motions at committee meetings—generally\n\nThis section does not apply in relation to a motion for consideration at a meeting of the committee if—\nunder a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\nthe motion is about whether to approve a request to keep or bring an animal on a lot or common property.\nA member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 221 (2) .\nSubject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following—\nas soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or\nif the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating—\nthat the committee requires more time to decide the motion; and\nthe reason the committee requires more time; and\na reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\nThe committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted—\na motion about the same issue; or\n6 or more motions.\nIf the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.\nThe committee must not decide a motion if—\na decision on the motion would be a decision on a restricted issue for the committee; or\nthe motion, if carried, would—\nconflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\nbe unlawful or unenforceable for another reason.\nThe motion is taken to be not agreed to if—\nthe committee does not decide the motion within the decision period; or\nthe committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.\ns 58 amd 2024 SL No. 40 s 61\n(sec.58-ssec.1) This section does not apply in relation to a motion for consideration at a meeting of the committee if— under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and the motion is about whether to approve a request to keep or bring an animal on a lot or common property.\n(sec.58-ssec.2) A member of a body corporate may submit a motion for consideration by the committee by giving the motion to the secretary in a way mentioned in section 221 (2) .\n(sec.58-ssec.3) Subject to subsections (4) and (6) , for each motion submitted, the committee must do either of the following— as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— that the committee requires more time to decide the motion; and the reason the committee requires more time; and a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n(sec.58-ssec.4) The committee is not required to decide a motion if within the 12-month period before the member submitted the motion the member had submitted— a motion about the same issue; or 6 or more motions.\n(sec.58-ssec.5) If the committee decides not to decide a motion because subsection (4) (a) or (b) applies, the committee must give the member a written notice stating the reason why the motion was not decided.\n(sec.58-ssec.6) The committee must not decide a motion if— a decision on the motion would be a decision on a restricted issue for the committee; or the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason.\n(sec.58-ssec.7) The motion is taken to be not agreed to if— the committee does not decide the motion within the decision period; or the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.\n- (a) under a by-law for the community titles scheme a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) the motion is about whether to approve a request to keep or bring an animal on a lot or common property.\n- (a) as soon as reasonably practicable, and within the 6-week period after the day the motion is submitted (the decision period ), decide the motion; or\n- (b) if the committee considers it requires more time to decide the motion, at any time before the end of the decision period, give the member a written notice stating— (i) that the committee requires more time to decide the motion; and (ii) the reason the committee requires more time; and (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (i) that the committee requires more time to decide the motion; and\n- (ii) the reason the committee requires more time; and\n- (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (i) that the committee requires more time to decide the motion; and\n- (ii) the reason the committee requires more time; and\n- (iii) a reasonable period of no more than 6 weeks after the end of the decision period within which the committee is to decide the motion.\n- (a) a motion about the same issue; or\n- (b) 6 or more motions.\n- (a) a decision on the motion would be a decision on a restricted issue for the committee; or\n- (b) the motion, if carried, would— (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or (ii) be unlawful or unenforceable for another reason.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason.\n- (a) the committee does not decide the motion within the decision period; or\n- (b) the committee gives a notice under subsection (3) (b) and the committee does not decide the motion within 12 weeks after the day the motion is given to the secretary.","sortOrder":60},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property","content":"### sec.58A Submission for consideration of motions by committee—requests to keep or bring an animal on a lot or common property\n\nThis section applies if—\nunder a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\na decision in relation to the request may be made by the committee.\nSee section 82A for when a body corporate must decide a request at a general meeting.\nThe request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson.\nThe committee must decide the request—\nas a motion for consideration by the committee; and\nwithin the period prescribed under section 58B (the prescribed period ).\nIf the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ).\nThe committee must give the person written notice of—\na decision made under subsection (3) as soon as practicable after the decision is made; or\na deemed decision as soon as practicable after the prescribed period ends.\ns 58A ins 2024 SL No. 40 s 62\n(sec.58A-ssec.1) This section applies if— under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made by the committee. See section 82A for when a body corporate must decide a request at a general meeting.\n(sec.58A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson.\n(sec.58A-ssec.3) The committee must decide the request— as a motion for consideration by the committee; and within the period prescribed under section 58B (the prescribed period ).\n(sec.58A-ssec.4) If the committee does not decide the request within the prescribed period the committee is taken to have decided to approve the request (the deemed decision ).\n(sec.58A-ssec.5) The committee must give the person written notice of— a decision made under subsection (3) as soon as practicable after the decision is made; or a deemed decision as soon as practicable after the prescribed period ends.\n- (a) under a by-law for a community titles scheme, a person must request the written approval of the body corporate or the committee in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) a decision in relation to the request may be made by the committee. Note— See section 82A for when a body corporate must decide a request at a general meeting.\n- (a) as a motion for consideration by the committee; and\n- (b) within the period prescribed under section 58B (the prescribed period ).\n- (a) a decision made under subsection (3) as soon as practicable after the decision is made; or\n- (b) a deemed decision as soon as practicable after the prescribed period ends.","sortOrder":61},{"sectionNumber":"sec.58B","sectionType":"section","heading":"Deciding requests for approval to keep or bring an animal on a lot or common property— Act , s 169B (4)","content":"### sec.58B Deciding requests for approval to keep or bring an animal on a lot or common property— Act , s 169B (4)\n\nFor section 169B (4) (a) of the Act , for a decision of a committee, the prescribed period is within 21 days after the request is made to the committee.\ns 58B ins 2024 SL No. 40 s 62","sortOrder":62},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Chair, quorum and attendance for committee meetings","content":"## Chair, quorum and attendance for committee meetings","sortOrder":63},{"sectionNumber":"sec.59","sectionType":"section","heading":"Chairing committee meetings","content":"### sec.59 Chairing committee meetings\n\nThe chairperson must chair all meetings of the committee at which the chairperson is present.\nIf the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting.\nIn this section—\npresent means present personally or by electronic means.\n(sec.59-ssec.1) The chairperson must chair all meetings of the committee at which the chairperson is present.\n(sec.59-ssec.2) If the chairperson is absent from a meeting, the member chosen, with the member’s agreement, by the voting members present at the meeting must chair the meeting.\n(sec.59-ssec.3) In this section— present means present personally or by electronic means.","sortOrder":64},{"sectionNumber":"sec.60","sectionType":"section","heading":"Quorum at committee meetings","content":"### sec.60 Quorum at committee meetings\n\nAt a meeting of the committee, a quorum is at least half the number of voting members of the committee.\nIf there are 6 voting members of the committee, a quorum is 3.\nIf there are 7 voting members of the committee, a quorum is 4.\nFor deciding whether there is a quorum, a voting member who is present—\nis counted as 1; or\nif the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) —is counted as 2.\nA non-voting member who is present is not counted for deciding whether there is a quorum.\nIn this section—\npresent means present personally or by electronic means.\n(sec.60-ssec.1) At a meeting of the committee, a quorum is at least half the number of voting members of the committee. If there are 6 voting members of the committee, a quorum is 3. If there are 7 voting members of the committee, a quorum is 4.\n(sec.60-ssec.2) For deciding whether there is a quorum, a voting member who is present— is counted as 1; or if the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) —is counted as 2.\n(sec.60-ssec.3) A non-voting member who is present is not counted for deciding whether there is a quorum.\n(sec.60-ssec.4) In this section— present means present personally or by electronic means.\n- 1 If there are 6 voting members of the committee, a quorum is 3.\n- 2 If there are 7 voting members of the committee, a quorum is 4.\n- (a) is counted as 1; or\n- (b) if the member has the proxy for an absent voting member and the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) —is counted as 2.","sortOrder":65},{"sectionNumber":"sec.61","sectionType":"section","heading":"Attendance at committee meetings—voting members","content":"### sec.61 Attendance at committee meetings—voting members\n\nA voting member of the committee may attend and vote at a meeting of the committee—\nin person; or\nby proxy if the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) ; or\nby any electronic means authorised by a resolution of the committee.\nemail, teleconferencing, videoconferencing\nFor subsection (1) (c) , a resolution of the committee may authorise attendance by electronic means in respect of—\na particular meeting or meetings or all meetings; or\na particular electronic means or any electronic means.\n(sec.61-ssec.1) A voting member of the committee may attend and vote at a meeting of the committee— in person; or by proxy if the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) ; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing\n(sec.61-ssec.2) For subsection (1) (c) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means.\n- (a) in person; or\n- (b) by proxy if the use of proxies for the meeting is not prohibited under section 121 (2) or 124 (2) (b) ; or\n- (c) by any electronic means authorised by a resolution of the committee. Examples of an electronic means— email, teleconferencing, videoconferencing\n- (a) a particular meeting or meetings or all meetings; or\n- (b) a particular electronic means or any electronic means.","sortOrder":66},{"sectionNumber":"sec.62","sectionType":"section","heading":"Attendance at committee meetings—non-voting members","content":"### sec.62 Attendance at committee meetings—non-voting members\n\nA non-voting member of the committee may attend a meeting of the committee—\nin person; or\nby any electronic means authorised by a resolution of the committee.\nemail, teleconferencing, videoconferencing\nFor subsection (1) (b) , a resolution of the committee may authorise attendance by electronic means in respect of—\na particular meeting or meetings or all meetings; or\na particular electronic means or any electronic means.\nA person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item—\na dispute between the body corporate and—\nthe person; or\nthe owner or occupier of a lot included in the community titles scheme;\nthe person’s engagement as body corporate manager or service contractor;\nif the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent.\nAlso, the person must not be present for—\na discussion of, or a vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3) ; or\na vote taken by the committee on the item of business.\nThis section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (3) .\n(sec.62-ssec.1) A non-voting member of the committee may attend a meeting of the committee— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing\n(sec.62-ssec.2) For subsection (1) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means.\n(sec.62-ssec.3) A person who is a non-voting member of the committee must not be present for an item of business about a following matter considered at a meeting of the committee if the committee decides the person must not be present for the item— a dispute between the body corporate and— the person; or the owner or occupier of a lot included in the community titles scheme; the person’s engagement as body corporate manager or service contractor; if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent.\n(sec.62-ssec.4) Also, the person must not be present for— a discussion of, or a vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3) ; or a vote taken by the committee on the item of business.\n(sec.62-ssec.5) This section does not prevent the committee lawfully excluding the person from the meeting for an item of business not mentioned in subsection (3) .\n- (a) in person; or\n- (b) by any electronic means authorised by a resolution of the committee. Examples of an electronic means— email, teleconferencing, videoconferencing\n- (a) a particular meeting or meetings or all meetings; or\n- (b) a particular electronic means or any electronic means.\n- (a) a dispute between the body corporate and— (i) the person; or (ii) the owner or occupier of a lot included in the community titles scheme;\n- (i) the person; or\n- (ii) the owner or occupier of a lot included in the community titles scheme;\n- (b) the person’s engagement as body corporate manager or service contractor;\n- (c) if the person is a caretaking service contractor who is a letting agent for the scheme—the person’s authorisation as a letting agent.\n- (i) the person; or\n- (ii) the owner or occupier of a lot included in the community titles scheme;\n- (a) a discussion of, or a vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (3) ; or\n- (b) a vote taken by the committee on the item of business.","sortOrder":67},{"sectionNumber":"sec.63","sectionType":"section","heading":"Attendance at committee meetings—non-members","content":"### sec.63 Attendance at committee meetings—non-members\n\nA person who is not a member of the committee may attend a meeting of the committee only if the person is—\nan owner of a lot, or a representative of an owner of a lot, who complies with subsection (2) ; or\nanother person who is invited to attend by a majority of the voting members of the committee who are present at the meeting.\nAn owner of a lot, or a representative of an owner of a lot, who wishes to attend a meeting of the committee under this section must give the secretary written notice of the owner’s or representative’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held.\nAlso, a representative of an owner must, when giving notice, include in the notice the following information—\nthe representative’s residential or business address;\nthe category of person mentioned in section 10 (1) to which the representative belongs;\nthe name of the lot owner whom the representative represents;\nunless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting.\nA person who attends a committee meeting under this section may do so—\nin person; or\nby any electronic means authorised by a resolution of the committee.\nemail, teleconferencing, videoconferencing\nFor subsection (4) (b) , a resolution of the committee may authorise attendance by electronic means in respect of—\na particular meeting or meetings or all meetings; or\na particular electronic means or any electronic means.\nA person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item—\na breach of the by-laws for the community titles scheme;\nstarting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee;\na proceeding against the body corporate;\na dispute between the body corporate and—\nthe owner or occupier of a lot included in the scheme; or\na body corporate manager; or\na caretaking service contractor.\nAlso, the person must not be present for—\na discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6) ; or\na vote taken by the committee on the item of business.\nThe person may—\nsubject to subsections (6) and (7) , observe the meeting; and\nspeak to the committee only if invited to speak by the committee.\nAn invitation to speak to the committee may be revoked by the committee at any time.\nThe committee may direct the person to leave the meeting if the person does not comply with subsection (8) (b) .\nThe person must comply with a direction given to the person under subsection (10) .\n(sec.63-ssec.1) A person who is not a member of the committee may attend a meeting of the committee only if the person is— an owner of a lot, or a representative of an owner of a lot, who complies with subsection (2) ; or another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting.\n(sec.63-ssec.2) An owner of a lot, or a representative of an owner of a lot, who wishes to attend a meeting of the committee under this section must give the secretary written notice of the owner’s or representative’s intention to attend so that the secretary receives the notice not later than 24 hours before the meeting is to be held.\n(sec.63-ssec.3) Also, a representative of an owner must, when giving notice, include in the notice the following information— the representative’s residential or business address; the category of person mentioned in section 10 (1) to which the representative belongs; the name of the lot owner whom the representative represents; unless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting.\n(sec.63-ssec.4) A person who attends a committee meeting under this section may do so— in person; or by any electronic means authorised by a resolution of the committee. email, teleconferencing, videoconferencing\n(sec.63-ssec.5) For subsection (4) (b) , a resolution of the committee may authorise attendance by electronic means in respect of— a particular meeting or meetings or all meetings; or a particular electronic means or any electronic means.\n(sec.63-ssec.6) A person who attends a committee meeting under this section must not be present for an item of business about a following matter considered at the meeting if the committee decides that the person must not be present for the item— a breach of the by-laws for the community titles scheme; starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee; a proceeding against the body corporate; a dispute between the body corporate and— the owner or occupier of a lot included in the scheme; or a body corporate manager; or a caretaking service contractor.\n(sec.63-ssec.7) Also, the person must not be present for— a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6) ; or a vote taken by the committee on the item of business.\n(sec.63-ssec.8) The person may— subject to subsections (6) and (7) , observe the meeting; and speak to the committee only if invited to speak by the committee.\n(sec.63-ssec.9) An invitation to speak to the committee may be revoked by the committee at any time.\n(sec.63-ssec.10) The committee may direct the person to leave the meeting if the person does not comply with subsection (8) (b) .\n(sec.63-ssec.11) The person must comply with a direction given to the person under subsection (10) .\n- (a) an owner of a lot, or a representative of an owner of a lot, who complies with subsection (2) ; or\n- (b) another person who is invited to attend by a majority of the voting members of the committee who are present at the meeting.\n- (a) the representative’s residential or business address;\n- (b) the category of person mentioned in section 10 (1) to which the representative belongs;\n- (c) the name of the lot owner whom the representative represents;\n- (d) unless the representative’s name is contained on the roll as the representative of the lot owner—evidence that the lot owner has asked the representative to represent the owner at the meeting.\n- (a) in person; or\n- (b) by any electronic means authorised by a resolution of the committee. Examples of an electronic means— email, teleconferencing, videoconferencing\n- (a) a particular meeting or meetings or all meetings; or\n- (b) a particular electronic means or any electronic means.\n- (a) a breach of the by-laws for the community titles scheme;\n- (b) starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee;\n- (c) a proceeding against the body corporate;\n- (d) a dispute between the body corporate and— (i) the owner or occupier of a lot included in the scheme; or (ii) a body corporate manager; or (iii) a caretaking service contractor.\n- (i) the owner or occupier of a lot included in the scheme; or\n- (ii) a body corporate manager; or\n- (iii) a caretaking service contractor.\n- (i) the owner or occupier of a lot included in the scheme; or\n- (ii) a body corporate manager; or\n- (iii) a caretaking service contractor.\n- (a) a discussion of, or vote taken by, the committee about whether the person may be present for an item of business mentioned in subsection (6) ; or\n- (b) a vote taken by the committee on the item of business.\n- (a) subject to subsections (6) and (7) , observe the meeting; and\n- (b) speak to the committee only if invited to speak by the committee.","sortOrder":68},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Voting at committee meetings","content":"## Voting at committee meetings","sortOrder":69},{"sectionNumber":"sec.64","sectionType":"section","heading":"When voting member ineligible to vote at committee meetings","content":"### sec.64 When voting member ineligible to vote at committee meetings\n\nThis section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee—\nthe member owes a body corporate debt in relation to a lot owned by the member; or\nthe member is not a lot owner and—\nthe member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and\nthe nominating entity owes a body corporate debt in relation to a lot owned by the entity.\nA debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.\nAlso, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting.\nUnder section 126 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.\nHowever, nothing in this section prevents a debtor member from being counted, under section 60 , for deciding whether there is a quorum for a meeting of the committee.\n(sec.64-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity.\n(sec.64-ssec.2) A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.\n(sec.64-ssec.3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting. Under section 126 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.\n(sec.64-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 60 , for deciding whether there is a quorum for a meeting of the committee.\n- (a) the member owes a body corporate debt in relation to a lot owned by the member; or\n- (b) the member is not a lot owner and— (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.\n- (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and\n- (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.\n- (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and\n- (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.","sortOrder":70},{"sectionNumber":"sec.65","sectionType":"section","heading":"Voting at committee meetings","content":"### sec.65 Voting at committee meetings\n\nThis section states how motions are decided at a meeting of the committee.\nA motion is decided by a majority of votes of the voting members present and entitled to vote on the motion who are voting.\nWithout limiting subsection (2) , if a quorum is present, a motion decided by a majority of the votes of the voting members present and entitled to vote on the motion is a decision of the committee.\nEach voting member present and entitled to vote on a motion to be decided has 1 vote on the motion.\nTo avoid any doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer.\nIn this section—\npresent means present personally, by proxy or by electronic means.\n(sec.65-ssec.1) This section states how motions are decided at a meeting of the committee.\n(sec.65-ssec.2) A motion is decided by a majority of votes of the voting members present and entitled to vote on the motion who are voting.\n(sec.65-ssec.3) Without limiting subsection (2) , if a quorum is present, a motion decided by a majority of the votes of the voting members present and entitled to vote on the motion is a decision of the committee.\n(sec.65-ssec.4) Each voting member present and entitled to vote on a motion to be decided has 1 vote on the motion.\n(sec.65-ssec.5) To avoid any doubt, it is declared that a voting member who is an executive member has only 1 vote, even if the person holds more than 1 of the positions of chairperson, secretary and treasurer.\n(sec.65-ssec.6) In this section— present means present personally, by proxy or by electronic means.","sortOrder":71},{"sectionNumber":"sec.66","sectionType":"section","heading":"Conflict of interest","content":"### sec.66 Conflict of interest\n\nA member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue.\nIf a member required under subsection (1) to disclose an interest in an issue is a voting member, the member is not entitled to vote on a motion involving the issue.\nA person who holds the proxy for a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue.\nA proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\nA person who holds the proxy for a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest.\nA proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\n(sec.66-ssec.1) A member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the member’s duties about the consideration of the issue.\n(sec.66-ssec.2) If a member required under subsection (1) to disclose an interest in an issue is a voting member, the member is not entitled to vote on a motion involving the issue.\n(sec.66-ssec.3) A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the proxy holder’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the interest could conflict with the appropriate performance of the proxy holder’s duties about the consideration of the issue.\n(sec.66-ssec.4) A proxy holder required under subsection (3) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.\n(sec.66-ssec.5) A person who holds the proxy for a member of the committee must disclose to a meeting of the committee the member’s direct or indirect interest in an issue being considered, or about to be considered, by the committee if the proxy holder is aware that the member, if present, would be required under subsection (1) to disclose the interest.\n(sec.66-ssec.6) A proxy holder required under subsection (5) to disclose an interest in an issue must not vote as the proxy on a motion involving the issue.","sortOrder":72},{"sectionNumber":"ch.3-pt.4-div.4","sectionType":"division","heading":"Voting outside committee meetings","content":"## Voting outside committee meetings","sortOrder":73},{"sectionNumber":"sec.67","sectionType":"section","heading":"When voting member ineligible to vote on motion outside committee meetings","content":"### sec.67 When voting member ineligible to vote on motion outside committee meetings\n\nA voting member of the committee who is a debtor member is ineligible to vote on a motion before the committee, notice of which has been given under section 68 (2) .","sortOrder":74},{"sectionNumber":"sec.68","sectionType":"section","heading":"Notice and advice of motion given outside committee meetings","content":"### sec.68 Notice and advice of motion given outside committee meetings\n\nA motion may be considered by the committee even though the motion is not decided at a meeting of the committee called and conducted under this part, if notice of the motion is given to all committee members or, in an emergency, to as many members as it is practicable to contact.\nThe notice must be given in writing but, in an emergency, the notice may be given orally or by another appropriate form of communication.\nAdvice of the motion must be given, at the same time notice of the motion is given or, in an emergency, as soon as practicable, to each owner of a lot, other than an owner who—\nhas instructed the secretary that the owner does not wish to be given advice of committee meetings; and\nhas not withdrawn the instruction.\nThe notice and advice of the motion may be given by—\nthe secretary; or\nanother member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice.\nA motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.\n(sec.68-ssec.1) A motion may be considered by the committee even though the motion is not decided at a meeting of the committee called and conducted under this part, if notice of the motion is given to all committee members or, in an emergency, to as many members as it is practicable to contact.\n(sec.68-ssec.2) The notice must be given in writing but, in an emergency, the notice may be given orally or by another appropriate form of communication.\n(sec.68-ssec.3) Advice of the motion must be given, at the same time notice of the motion is given or, in an emergency, as soon as practicable, to each owner of a lot, other than an owner who— has instructed the secretary that the owner does not wish to be given advice of committee meetings; and has not withdrawn the instruction.\n(sec.68-ssec.4) The notice and advice of the motion may be given by— the secretary; or another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice.\n(sec.68-ssec.5) A motion voted on under this section must be confirmed at the next meeting of the committee held after the motion is voted on.\n- (a) has instructed the secretary that the owner does not wish to be given advice of committee meetings; and\n- (b) has not withdrawn the instruction.\n- (a) the secretary; or\n- (b) another member of the committee who is authorised by a majority of voting members of the committee to give the notice and advice.","sortOrder":75},{"sectionNumber":"sec.69","sectionType":"section","heading":"Voting on motion given outside committee meetings","content":"### sec.69 Voting on motion given outside committee meetings\n\nMembers’ votes on the motion given under section 68 must be—\nin writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and\ngiven within—\nfor a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or\nfor a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).\nThe motion is decided if, within the relevant period—\nthe majority of all members of the committee entitled to vote on the motion agree to the motion; or\none-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.\nAlso—\nif the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and\nif the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .\nThe committee must give the person who made the request written notice stating that the request is decided—\nif the motion is decided under subsection (2) —as soon as practicable after the decision is made; or\nif subsection (3) (b) applies—as soon as practicable after the relevant period ends.\ns 69 amd 2024 SL No. 40 s 63\n(sec.69-ssec.1) Members’ votes on the motion given under section 68 must be— in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and given within— for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).\n(sec.69-ssec.2) The motion is decided if, within the relevant period— the majority of all members of the committee entitled to vote on the motion agree to the motion; or one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.\n(sec.69-ssec.3) Also— if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .\n(sec.69-ssec.4) The committee must give the person who made the request written notice stating that the request is decided— if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or if subsection (3) (b) applies—as soon as practicable after the relevant period ends.\n- (a) in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and\n- (b) given within— (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).\n- (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or\n- (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).\n- (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or\n- (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).\n- (a) the majority of all members of the committee entitled to vote on the motion agree to the motion; or\n- (b) one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.\n- (a) if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and\n- (b) if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .\n- (a) if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or\n- (b) if subsection (3) (b) applies—as soon as practicable after the relevant period ends.","sortOrder":76},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application of other provisions","content":"### sec.70 Application of other provisions\n\nFor the operation of sections 66 (1) and (2) , 71 (2) to (4) and 72 , the committee, in dealing with a resolution under this division, is taken to deal with the resolution at a meeting of the committee.","sortOrder":77},{"sectionNumber":"ch.3-pt.4-div.5","sectionType":"division","heading":"Minutes and other records of committee","content":"## Minutes and other records of committee","sortOrder":78},{"sectionNumber":"sec.71","sectionType":"section","heading":"Minutes and other records of committee","content":"### sec.71 Minutes and other records of committee\n\nThe committee must ensure—\nfull and accurate minutes of its meetings are taken; and\na full and accurate record of motions is kept.\nThe secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons—\neach member of the committee;\neach owner of a lot who is not a member of the committee.\nSubsection (2) (b) does not apply to an owner of a lot who—\nhas given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of—\nthe minutes of committee meetings; or\nthe records of motions; and\nhas not withdrawn the instruction.\nThe copy must be given to the person within 21 days after—\nfor a copy of minutes of a meeting—the holding of the meeting; or\nfor a copy of a record of motions—\nthe deciding of the motion; or\nthe day the motion is taken to be not agreed to; or\nif the committee must not decide the motion because section 58 (6) applies—the day the committee decided the subsection applies.\nAlso, the copy must be given—\nif the person is a lot owner—as provided under section 218 ; or\nif the person is not a lot owner—in a way mentioned in section 221 (2) .\nIn this section—\ndetails , of an animal, means the following information—\nthe animal’s species;\nif relevant—the breed of the animal;\nthe animal’s sex;\nthe animal’s name.\nfull and accurate minutes , of a meeting, means minutes that include all of the following information—\nthe date, time and place of the meeting;\nthe names of persons present and details of the capacity in which they attended the meeting;\ndetails of proxies tabled;\nfor a motion submitted by a member of the body corporate under section 58 (2) —\nwhen the motion was submitted to the secretary; and\nthe name of the member of the body corporate who submitted the motion; and\nif, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\ndetails of any notice given to the member under section 58 (3) (b) ;\nfor a motion in relation to a request for approval to keep or bring an animal on a lot or common property—\nthe day the request was made to the committee; and\nif known—the details of the animal the subject of the request; and\nif the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval;\nfor each motion voted on at the meeting—\nthe words of the motion; and\nthe number of votes for and against the motion;\ndetails of correspondence, reports, notices or other documents tabled;\nthe time the meeting closed;\nif another meeting is scheduled—the details of the next meeting;\nthe secretary’s name and contact address.\nrecord of motions means a record—\nof each motion that is—\nvoted on other than at a meeting; or\nnot decided under section 58 (6) ; or\ntaken to be not agreed to under section 58 (7) ; or\ntaken to be agreed to under section 58A (4) or 69 (3) (b) ; and\nif the motion was submitted by a member of a body corporate under section 58 (2) , that includes—\nthe words of the motion; and\nthe date the notice was submitted to the secretary; and\nthe name of the member who submitted the motion; and\nif, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\ndetails of any notice given to the member under section 58 (3) (b) ; and\nfor a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes—\nthe day the request was made to the committee; and\nif known—the details of the animal the subject of the request; and\nif the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and\nif notice of the motion is given under section 68 , that includes—\nthe words of the motion; and\nthe date the notice was given; and\nthe names of the committee members to whom the notice was given; and\nif the motion was voted on, that includes—\nthe names of the committee members who voted on the motion; and\nthe number of votes for and against the motion.\ns 71 amd 2024 SL No. 40 s 64\n(sec.71-ssec.1) The committee must ensure— full and accurate minutes of its meetings are taken; and a full and accurate record of motions is kept.\n(sec.71-ssec.2) The secretary must give a copy of the minutes of each meeting and a copy of the record of motions for each motion to the following persons— each member of the committee; each owner of a lot who is not a member of the committee.\n(sec.71-ssec.3) Subsection (2) (b) does not apply to an owner of a lot who— has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of— the minutes of committee meetings; or the records of motions; and has not withdrawn the instruction.\n(sec.71-ssec.4) The copy must be given to the person within 21 days after— for a copy of minutes of a meeting—the holding of the meeting; or for a copy of a record of motions— the deciding of the motion; or the day the motion is taken to be not agreed to; or if the committee must not decide the motion because section 58 (6) applies—the day the committee decided the subsection applies.\n(sec.71-ssec.5) Also, the copy must be given— if the person is a lot owner—as provided under section 218 ; or if the person is not a lot owner—in a way mentioned in section 221 (2) .\n(sec.71-ssec.6) In this section— details , of an animal, means the following information— the animal’s species; if relevant—the breed of the animal; the animal’s sex; the animal’s name. full and accurate minutes , of a meeting, means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; details of proxies tabled; for a motion submitted by a member of the body corporate under section 58 (2) — when the motion was submitted to the secretary; and the name of the member of the body corporate who submitted the motion; and if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 58 (3) (b) ; for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; for each motion voted on at the meeting— the words of the motion; and the number of votes for and against the motion; details of correspondence, reports, notices or other documents tabled; the time the meeting closed; if another meeting is scheduled—the details of the next meeting; the secretary’s name and contact address. record of motions means a record— of each motion that is— voted on other than at a meeting; or not decided under section 58 (6) ; or taken to be not agreed to under section 58 (7) ; or taken to be agreed to under section 58A (4) or 69 (3) (b) ; and if the motion was submitted by a member of a body corporate under section 58 (2) , that includes— the words of the motion; and the date the notice was submitted to the secretary; and the name of the member who submitted the motion; and if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and details of any notice given to the member under section 58 (3) (b) ; and for a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes— the day the request was made to the committee; and if known—the details of the animal the subject of the request; and if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and if notice of the motion is given under section 68 , that includes— the words of the motion; and the date the notice was given; and the names of the committee members to whom the notice was given; and if the motion was voted on, that includes— the names of the committee members who voted on the motion; and the number of votes for and against the motion.\n- (a) full and accurate minutes of its meetings are taken; and\n- (b) a full and accurate record of motions is kept.\n- (a) each member of the committee;\n- (b) each owner of a lot who is not a member of the committee.\n- (a) has given the secretary a written notice instructing the secretary that the owner does not wish to be given copies of— (i) the minutes of committee meetings; or (ii) the records of motions; and\n- (i) the minutes of committee meetings; or\n- (ii) the records of motions; and\n- (b) has not withdrawn the instruction.\n- (i) the minutes of committee meetings; or\n- (ii) the records of motions; and\n- (a) for a copy of minutes of a meeting—the holding of the meeting; or\n- (b) for a copy of a record of motions— (i) the deciding of the motion; or (ii) the day the motion is taken to be not agreed to; or (iii) if the committee must not decide the motion because section 58 (6) applies—the day the committee decided the subsection applies.\n- (i) the deciding of the motion; or\n- (ii) the day the motion is taken to be not agreed to; or\n- (iii) if the committee must not decide the motion because section 58 (6) applies—the day the committee decided the subsection applies.\n- (i) the deciding of the motion; or\n- (ii) the day the motion is taken to be not agreed to; or\n- (iii) if the committee must not decide the motion because section 58 (6) applies—the day the committee decided the subsection applies.\n- (a) if the person is a lot owner—as provided under section 218 ; or\n- (b) if the person is not a lot owner—in a way mentioned in section 221 (2) .\n- (a) the animal’s species;\n- (b) if relevant—the breed of the animal;\n- (c) the animal’s sex;\n- (d) the animal’s name.\n- (a) the date, time and place of the meeting;\n- (b) the names of persons present and details of the capacity in which they attended the meeting;\n- (c) details of proxies tabled;\n- (d) for a motion submitted by a member of the body corporate under section 58 (2) — (i) when the motion was submitted to the secretary; and (ii) the name of the member of the body corporate who submitted the motion; and (iii) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and (iv) details of any notice given to the member under section 58 (3) (b) ;\n- (i) when the motion was submitted to the secretary; and\n- (ii) the name of the member of the body corporate who submitted the motion; and\n- (iii) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (iv) details of any notice given to the member under section 58 (3) (b) ;\n- (e) for a motion in relation to a request for approval to keep or bring an animal on a lot or common property— (i) the day the request was made to the committee; and (ii) if known—the details of the animal the subject of the request; and (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval;\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval;\n- (f) for each motion voted on at the meeting— (i) the words of the motion; and (ii) the number of votes for and against the motion;\n- (i) the words of the motion; and\n- (ii) the number of votes for and against the motion;\n- (g) details of correspondence, reports, notices or other documents tabled;\n- (h) the time the meeting closed;\n- (i) if another meeting is scheduled—the details of the next meeting;\n- (j) the secretary’s name and contact address.\n- (i) when the motion was submitted to the secretary; and\n- (ii) the name of the member of the body corporate who submitted the motion; and\n- (iii) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (iv) details of any notice given to the member under section 58 (3) (b) ;\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval;\n- (i) the words of the motion; and\n- (ii) the number of votes for and against the motion;\n- (a) of each motion that is— (i) voted on other than at a meeting; or (ii) not decided under section 58 (6) ; or (iii) taken to be not agreed to under section 58 (7) ; or (iv) taken to be agreed to under section 58A (4) or 69 (3) (b) ; and\n- (i) voted on other than at a meeting; or\n- (ii) not decided under section 58 (6) ; or\n- (iii) taken to be not agreed to under section 58 (7) ; or\n- (iv) taken to be agreed to under section 58A (4) or 69 (3) (b) ; and\n- (b) if the motion was submitted by a member of a body corporate under section 58 (2) , that includes— (i) the words of the motion; and (ii) the date the notice was submitted to the secretary; and (iii) the name of the member who submitted the motion; and (iv) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and (v) details of any notice given to the member under section 58 (3) (b) ; and\n- (i) the words of the motion; and\n- (ii) the date the notice was submitted to the secretary; and\n- (iii) the name of the member who submitted the motion; and\n- (iv) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (v) details of any notice given to the member under section 58 (3) (b) ; and\n- (c) for a motion in relation to a request for approval to keep or bring an animal on a lot or common property, that includes— (i) the day the request was made to the committee; and (ii) if known—the details of the animal the subject of the request; and (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and\n- (d) if notice of the motion is given under section 68 , that includes— (i) the words of the motion; and (ii) the date the notice was given; and (iii) the names of the committee members to whom the notice was given; and\n- (i) the words of the motion; and\n- (ii) the date the notice was given; and\n- (iii) the names of the committee members to whom the notice was given; and\n- (e) if the motion was voted on, that includes— (i) the names of the committee members who voted on the motion; and (ii) the number of votes for and against the motion.\n- (i) the names of the committee members who voted on the motion; and\n- (ii) the number of votes for and against the motion.\n- (i) voted on other than at a meeting; or\n- (ii) not decided under section 58 (6) ; or\n- (iii) taken to be not agreed to under section 58 (7) ; or\n- (iv) taken to be agreed to under section 58A (4) or 69 (3) (b) ; and\n- (i) the words of the motion; and\n- (ii) the date the notice was submitted to the secretary; and\n- (iii) the name of the member who submitted the motion; and\n- (iv) if, under section 58 (6) , the motion was not decided by the committee—the reason why it was not decided; and\n- (v) details of any notice given to the member under section 58 (3) (b) ; and\n- (i) the day the request was made to the committee; and\n- (ii) if known—the details of the animal the subject of the request; and\n- (iii) if the motion was decided under section 58A and approval was given—any conditions imposed by the committee on the approval; and\n- (i) the words of the motion; and\n- (ii) the date the notice was given; and\n- (iii) the names of the committee members to whom the notice was given; and\n- (i) the names of the committee members who voted on the motion; and\n- (ii) the number of votes for and against the motion.","sortOrder":79},{"sectionNumber":"ch.3-pt.4-div.6","sectionType":"division","heading":"Action after committee resolution","content":"## Action after committee resolution","sortOrder":80},{"sectionNumber":"sec.72","sectionType":"section","heading":"Notice of opposition","content":"### sec.72 Notice of opposition\n\nA notice opposing the giving of effect to a resolution of the committee (a notice of opposition ), signed by or for the owners of at least one-half of the lots included in the community titles scheme, may be given to the secretary.\nHowever, a notice of opposition may not be given—\nfor a resolution that—\nis of a routine, administrative nature; and\ninvolves spending not more than the greater of—\n$200; or\n$5 multiplied by the number of lots included in the scheme; or\nfor a resolution approving a request for approval to keep or bring an animal on a lot or common property.\nA notice of opposition must be given to the secretary within 7 days after the secretary gives a copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution to each owner of a lot included in the scheme under section 71 .\nIf a notice mentioned in subsection (1) is given it must be given as provided under section 221 (2) .\nIn this section—\nresolution of the committee includes a decision of the committee—\ndeemed to have been made under section 58A (4) ; or\ntaken to have been decided under section 69 (3) (b) .\ns 72 amd 2024 SL No. 40 s 65\n(sec.72-ssec.1) A notice opposing the giving of effect to a resolution of the committee (a notice of opposition ), signed by or for the owners of at least one-half of the lots included in the community titles scheme, may be given to the secretary.\n(sec.72-ssec.2) However, a notice of opposition may not be given— for a resolution that— is of a routine, administrative nature; and involves spending not more than the greater of— $200; or $5 multiplied by the number of lots included in the scheme; or for a resolution approving a request for approval to keep or bring an animal on a lot or common property.\n(sec.72-ssec.3) A notice of opposition must be given to the secretary within 7 days after the secretary gives a copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution to each owner of a lot included in the scheme under section 71 .\n(sec.72-ssec.4) If a notice mentioned in subsection (1) is given it must be given as provided under section 221 (2) .\n(sec.72-ssec.5) In this section— resolution of the committee includes a decision of the committee— deemed to have been made under section 58A (4) ; or taken to have been decided under section 69 (3) (b) .\n- (a) for a resolution that— (i) is of a routine, administrative nature; and (ii) involves spending not more than the greater of— (A) $200; or (B) $5 multiplied by the number of lots included in the scheme; or\n- (i) is of a routine, administrative nature; and\n- (ii) involves spending not more than the greater of— (A) $200; or (B) $5 multiplied by the number of lots included in the scheme; or\n- (A) $200; or\n- (B) $5 multiplied by the number of lots included in the scheme; or\n- (b) for a resolution approving a request for approval to keep or bring an animal on a lot or common property.\n- (i) is of a routine, administrative nature; and\n- (ii) involves spending not more than the greater of— (A) $200; or (B) $5 multiplied by the number of lots included in the scheme; or\n- (A) $200; or\n- (B) $5 multiplied by the number of lots included in the scheme; or\n- (A) $200; or\n- (B) $5 multiplied by the number of lots included in the scheme; or\n- (a) deemed to have been made under section 58A (4) ; or\n- (b) taken to have been decided under section 69 (3) (b) .","sortOrder":81},{"sectionNumber":"sec.73","sectionType":"section","heading":"Giving effect to resolutions of committee meetings","content":"### sec.73 Giving effect to resolutions of committee meetings\n\nThe committee may give effect to a resolution of the committee only if—\nthe time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or\nthe resolution is necessary to deal with an emergency, and—\nthe amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or\nan adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or\nthe resolution is ratified by ordinary resolution of the body corporate; or\nthe resolution is of a routine, administrative nature and involves spending not more than the greater of—\n$200; or\n$5 multiplied by the number of lots included in the scheme; or\nthe resolution approves a request for approval to keep or bring an animal on a lot or common property.\nIn a proceeding involving a challenge to a committee’s right to give effect to a resolution under subsection (1) (a) , the burden of proving that the copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution, was properly given lies on the person asserting the right.\nIn this section—\nproperly given means given to each member of the committee and each owner of a lot who is not a member of the committee under section 71 (4) .\nIn this section—\nresolution of the committee includes a decision of the committee—\ndeemed to have been made under section 58A (4) ; or\ntaken to have been decided under section 69 (3) (b) .\ns 73 amd 2024 SL No. 40 s 66\n(sec.73-ssec.1) The committee may give effect to a resolution of the committee only if— the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or the resolution is necessary to deal with an emergency, and— the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or the resolution is ratified by ordinary resolution of the body corporate; or the resolution is of a routine, administrative nature and involves spending not more than the greater of— $200; or $5 multiplied by the number of lots included in the scheme; or the resolution approves a request for approval to keep or bring an animal on a lot or common property.\n(sec.73-ssec.2) In a proceeding involving a challenge to a committee’s right to give effect to a resolution under subsection (1) (a) , the burden of proving that the copy of the minutes containing the resolution or, for a resolution passed other than at a meeting, a copy of the resolution, was properly given lies on the person asserting the right.\n(sec.73-ssec.3) In this section— properly given means given to each member of the committee and each owner of a lot who is not a member of the committee under section 71 (4) .\n(sec.73-ssec.4) In this section— resolution of the committee includes a decision of the committee— deemed to have been made under section 58A (4) ; or taken to have been decided under section 69 (3) (b) .\n- (a) the time for giving a notice of opposition under section 72 in relation to the resolution ends without a notice of opposition being given to the secretary; or\n- (b) the resolution is necessary to deal with an emergency, and— (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or\n- (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or\n- (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or\n- (c) the resolution is ratified by ordinary resolution of the body corporate; or\n- (d) the resolution is of a routine, administrative nature and involves spending not more than the greater of— (i) $200; or (ii) $5 multiplied by the number of lots included in the scheme; or\n- (i) $200; or\n- (ii) $5 multiplied by the number of lots included in the scheme; or\n- (e) the resolution approves a request for approval to keep or bring an animal on a lot or common property.\n- (i) the amount required to put the resolution into effect is within the relevant limit for committee spending for the community titles scheme; or\n- (ii) an adjudicator acting under the dispute resolution provisions authorises the committee to give effect to the resolution; or\n- (i) $200; or\n- (ii) $5 multiplied by the number of lots included in the scheme; or\n- (a) deemed to have been made under section 58A (4) ; or\n- (b) taken to have been decided under section 69 (3) (b) .","sortOrder":82},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Engagement of body corporate manager to carry out functions of committee and executive members— Act , section 122","content":"# Engagement of body corporate manager to carry out functions of committee and executive members— Act , section 122","sortOrder":83},{"sectionNumber":"sec.74","sectionType":"section","heading":"When body corporate manager may be engaged to carry out functions of committee and its executive members","content":"### sec.74 When body corporate manager may be engaged to carry out functions of committee and its executive members\n\nThe body corporate may—\nengage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee and each executive member of the committee; and\nagree to an amendment of the engagement.\nUnder section 7 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and each executive member of a committee.\nSee also section 120  of the Act .\nThe body corporate may act under subsection (1) only if—\nthe original owner control period has ended; and\nthe body corporate passes a special resolution approving the engagement or amendment and, for the passing of the resolution, no votes are exercised by proxy; and\nfor an engagement—the motion approving the engagement is decided at a general meeting mentioned in subsection (3) by secret ballot unless the body corporate decides by ordinary resolution that the ballot may be an open ballot; and\nthe material given to members of the body corporate for the general meeting that considers the motion includes—\nfor an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\nfor an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\nFor subsection (2) (c) , the general meeting can be—\nan annual general meeting at which—\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee elected is less than 3; or\nan extraordinary general meeting called under part 2 , division 2 , subdivision 8 if, after any appointment under section 42 of persons as executive or ordinary members of the committee—\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee is less than 3; or\na general meeting called under section 48 if, after the election to fill all vacant positions on the committee is conducted at the meeting—\nat least 1 executive member position on the committee is not filled; or\nthe total number of voting members of the committee is less than 3.\nHowever, if the committee for the body corporate is a minor committee, the general meeting for subsection (2) (c) can be any general meeting of the body corporate.\nThe motion approving the engagement must be considered as the last item of business for the meeting.\nThe engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.\nTo the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.\nThe engagement of a body corporate manager under this part is void if it does not comply with this section and section 75 .\nAn agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.\n(sec.74-ssec.1) The body corporate may— engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee and each executive member of the committee; and agree to an amendment of the engagement. Under section 7 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and each executive member of a committee. See also section 120  of the Act .\n(sec.74-ssec.2) The body corporate may act under subsection (1) only if— the original owner control period has ended; and the body corporate passes a special resolution approving the engagement or amendment and, for the passing of the resolution, no votes are exercised by proxy; and for an engagement—the motion approving the engagement is decided at a general meeting mentioned in subsection (3) by secret ballot unless the body corporate decides by ordinary resolution that the ballot may be an open ballot; and the material given to members of the body corporate for the general meeting that considers the motion includes— for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n(sec.74-ssec.3) For subsection (2) (c) , the general meeting can be— an annual general meeting at which— at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee elected is less than 3; or an extraordinary general meeting called under part 2 , division 2 , subdivision 8 if, after any appointment under section 42 of persons as executive or ordinary members of the committee— at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3; or a general meeting called under section 48 if, after the election to fill all vacant positions on the committee is conducted at the meeting— at least 1 executive member position on the committee is not filled; or the total number of voting members of the committee is less than 3.\n(sec.74-ssec.4) However, if the committee for the body corporate is a minor committee, the general meeting for subsection (2) (c) can be any general meeting of the body corporate.\n(sec.74-ssec.5) The motion approving the engagement must be considered as the last item of business for the meeting.\n(sec.74-ssec.6) The engagement may be in addition to an existing engagement of the person as a body corporate manager other than under this part.\n(sec.74-ssec.7) To the extent the existing engagement is inconsistent with the engagement under this part, the existing engagement is of no effect.\n(sec.74-ssec.8) The engagement of a body corporate manager under this part is void if it does not comply with this section and section 75 .\n(sec.74-ssec.9) An agreement to amend the engagement of a body corporate manager under this part is void if it does not comply with this section.\n- (a) engage a body corporate manager to carry out the functions that would, if there were a committee for the body corporate, be carried out by the committee and each executive member of the committee; and\n- (b) agree to an amendment of the engagement.\n- 1 Under section 7 , there is no committee for the body corporate if the body corporate engages a body corporate manager under this part to carry out the functions of a committee and each executive member of a committee.\n- 2 See also section 120  of the Act .\n- (a) the original owner control period has ended; and\n- (b) the body corporate passes a special resolution approving the engagement or amendment and, for the passing of the resolution, no votes are exercised by proxy; and\n- (c) for an engagement—the motion approving the engagement is decided at a general meeting mentioned in subsection (3) by secret ballot unless the body corporate decides by ordinary resolution that the ballot may be an open ballot; and\n- (d) the material given to members of the body corporate for the general meeting that considers the motion includes— (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n- (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\n- (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n- (i) for an engagement—the terms of the engagement and an explanatory note in the approved form explaining the nature of the engagement; or\n- (ii) for an agreement to amend an engagement—the terms, and an explanation of the effect, of the amendment.\n- (a) an annual general meeting at which— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee elected is less than 3; or\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee elected is less than 3; or\n- (b) an extraordinary general meeting called under part 2 , division 2 , subdivision 8 if, after any appointment under section 42 of persons as executive or ordinary members of the committee— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee is less than 3; or\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee is less than 3; or\n- (c) a general meeting called under section 48 if, after the election to fill all vacant positions on the committee is conducted at the meeting— (i) at least 1 executive member position on the committee is not filled; or (ii) the total number of voting members of the committee is less than 3.\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee is less than 3.\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee elected is less than 3; or\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee is less than 3; or\n- (i) at least 1 executive member position on the committee is not filled; or\n- (ii) the total number of voting members of the committee is less than 3.","sortOrder":84},{"sectionNumber":"sec.75","sectionType":"section","heading":"Form of engagement","content":"### sec.75 Form of engagement\n\nThe engagement of a body corporate manager under this part must—\nbe in writing; and\nstate that the body corporate manager is required to carry out all the functions of the committee and each executive member of the committee; and\nstate that the body corporate manager is authorised to exercise the powers of the committee and each executive member of the committee; and\nstate the basis for working out payment for the body corporate manager’s services.\nThe engagement must not be in the form of a by-law.\n(sec.75-ssec.1) The engagement of a body corporate manager under this part must— be in writing; and state that the body corporate manager is required to carry out all the functions of the committee and each executive member of the committee; and state that the body corporate manager is authorised to exercise the powers of the committee and each executive member of the committee; and state the basis for working out payment for the body corporate manager’s services.\n(sec.75-ssec.2) The engagement must not be in the form of a by-law.\n- (a) be in writing; and\n- (b) state that the body corporate manager is required to carry out all the functions of the committee and each executive member of the committee; and\n- (c) state that the body corporate manager is authorised to exercise the powers of the committee and each executive member of the committee; and\n- (d) state the basis for working out payment for the body corporate manager’s services.","sortOrder":85},{"sectionNumber":"sec.76","sectionType":"section","heading":"Term of engagement","content":"### sec.76 Term of engagement\n\nSubject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events—\nat the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved;\n12 months after the day the engagement began.\nHowever, the body corporate may terminate the person’s engagement under chapter 6 , part 5 .\nUnder section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.\nDuring the term of the engagement, the body corporate may not choose or purport to choose a person as a committee member.\n(sec.76-ssec.1) Subject to subsection (2) , the term of a person’s engagement as a body corporate manager under this part ends on the earlier of the following events— at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved; 12 months after the day the engagement began.\n(sec.76-ssec.2) However, the body corporate may terminate the person’s engagement under chapter 6 , part 5 . Under section 120 (4) of the Act , the body corporate, in writing, may revoke the body corporate manager’s authorisation to exercise powers at any time.\n(sec.76-ssec.3) During the term of the engagement, the body corporate may not choose or purport to choose a person as a committee member.\n- (a) at the end of the body corporate’s next annual general meeting held after the general meeting at which the engagement was approved;\n- (b) 12 months after the day the engagement began.","sortOrder":86},{"sectionNumber":"sec.77","sectionType":"section","heading":"Functions and powers","content":"### sec.77 Functions and powers\n\nA body corporate manager engaged under this part has—\nthe functions of a committee and each executive member of the committee; and\nsubject to any revocation under section 120 (4) of the Act , the powers of a committee and each executive member of the committee.\n- (a) the functions of a committee and each executive member of the committee; and\n- (b) subject to any revocation under section 120 (4) of the Act , the powers of a committee and each executive member of the committee.","sortOrder":87},{"sectionNumber":"sec.78","sectionType":"section","heading":"Body corporate manager’s reports to body corporate","content":"### sec.78 Body corporate manager’s reports to body corporate\n\nA body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme.\nThe report must include details of each of the following items—\nrepairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report;\nany matters—\nknown to the body corporate manager about the condition of the common property or the body corporate assets; and\nthat the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets;\nSee sections 180 and 188 .\nthe balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund;\nthe body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\nFor subsection (2) (d) , the report must state, for each expense—\nthe payee; and\nthe amount; and\nthe date the expense was incurred; and\nthe reason the expense was incurred.\nThe report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement.\nThe report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part.\nAlso, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) .\nA request under subsection (6) —\nmust be in writing; and\nmust not be made more than once every 3 months.\nThe body corporate manager must give the report to the members within 21 days after receiving the request.\n(sec.78-ssec.1) A body corporate manager engaged under this part must give to each member of the body corporate a written report about the administration of the community titles scheme.\n(sec.78-ssec.2) The report must include details of each of the following items— repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report; any matters— known to the body corporate manager about the condition of the common property or the body corporate assets; and that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; See sections 180 and 188 . the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund; the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\n(sec.78-ssec.3) For subsection (2) (d) , the report must state, for each expense— the payee; and the amount; and the date the expense was incurred; and the reason the expense was incurred.\n(sec.78-ssec.4) The report must also include, as briefly as possible, a list of decisions made by the body corporate manager under the engagement.\n(sec.78-ssec.5) The report must be given within 21 days after the end of each 3 months for which the person is engaged as a body corporate manager under this part.\n(sec.78-ssec.6) Also, if asked by at least one-half of the members of the body corporate, the body corporate manager must give all the members of the body corporate a report containing the details mentioned in subsections (2) to (4) .\n(sec.78-ssec.7) A request under subsection (6) — must be in writing; and must not be made more than once every 3 months.\n(sec.78-ssec.8) The body corporate manager must give the report to the members within 21 days after receiving the request.\n- (a) repairs and maintenance to the common property and body corporate assets proposed to be carried out in the 3 months following the date of the report;\n- (b) any matters— (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; Note— See sections 180 and 188 .\n- (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and\n- (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; Note— See sections 180 and 188 .\n- (c) the balance, on the date of the report, of the administrative fund and sinking fund and a reconciliation statement for each fund;\n- (d) the body corporate’s expenses, including repair and maintenance costs, for the 3 months immediately preceding the date of the report.\n- (i) known to the body corporate manager about the condition of the common property or the body corporate assets; and\n- (ii) that the body corporate manager reasonably considers to be relevant to future performance of the body corporate’s duty to maintain common property and body corporate assets; Note— See sections 180 and 188 .\n- (a) the payee; and\n- (b) the amount; and\n- (c) the date the expense was incurred; and\n- (d) the reason the expense was incurred.\n- (a) must be in writing; and\n- (b) must not be made more than once every 3 months.","sortOrder":88},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"When committee member may receive particular benefits","content":"# When committee member may receive particular benefits","sortOrder":89},{"sectionNumber":"sec.79","sectionType":"section","heading":"When committee member may receive particular benefits","content":"### sec.79 When committee member may receive particular benefits\n\nA committee member may only receive a direct or indirect benefit from a caretaking service contractor or service contractor if—\nfor a benefit received from a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or\nfor a benefit received from a service contractor—the benefit is the supply of, or payment for—\na service that the body corporate has engaged the contractor to provide; or\na service that an owner of a lot has engaged the contractor to provide at market price; or\na gardening or maintenance service provided by a service contractor to lot owners\notherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.\n- (a) for a benefit received from a caretaking service contractor—the benefit is the supply of, or payment for, a letting agent business service conducted by the contractor; or\n- (b) for a benefit received from a service contractor—the benefit is the supply of, or payment for— (i) a service that the body corporate has engaged the contractor to provide; or (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners\n- (c) otherwise—the body corporate has authorised the member, by ordinary resolution, to receive the benefit.\n- (i) a service that the body corporate has engaged the contractor to provide; or\n- (ii) a service that an owner of a lot has engaged the contractor to provide at market price; or Example for subparagraph (ii) — a gardening or maintenance service provided by a service contractor to lot owners","sortOrder":90},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":91},{"sectionNumber":"sec.80","sectionType":"section","heading":"Purpose of chapter","content":"### sec.80 Purpose of chapter\n\nThe purpose of this chapter is to prescribe matters about meetings of the body corporate for a community titles scheme.","sortOrder":92},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Administrative arrangements for body corporate meetings","content":"# Administrative arrangements for body corporate meetings","sortOrder":93},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":94},{"sectionNumber":"sec.81","sectionType":"section","heading":"Types of meetings","content":"### sec.81 Types of meetings\n\nAll meetings of the body corporate are general meetings.\nA general meeting is either an annual general meeting or an extraordinary general meeting.\n(sec.81-ssec.1) All meetings of the body corporate are general meetings.\n(sec.81-ssec.2) A general meeting is either an annual general meeting or an extraordinary general meeting.","sortOrder":95},{"sectionNumber":"sec.82","sectionType":"section","heading":"Who may call general meetings","content":"### sec.82 Who may call general meetings\n\nA general meeting may be called by a member of the committee, including a non-voting member of the committee, if the member is authorised by a resolution of the committee to call the particular meeting.\nA general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.\nThis section does not apply to a requested extraordinary general meeting.\n(sec.82-ssec.1) A general meeting may be called by a member of the committee, including a non-voting member of the committee, if the member is authorised by a resolution of the committee to call the particular meeting.\n(sec.82-ssec.2) A general meeting may also be called by a person authorised or required to call a general meeting by an order of an adjudicator acting under the dispute resolution provisions.\n(sec.82-ssec.3) This section does not apply to a requested extraordinary general meeting.","sortOrder":96},{"sectionNumber":"sec.82A","sectionType":"section","heading":"General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property","content":"### sec.82A General meetings—requirements about motions to decide requests to keep or bring an animal on to a lot or common property\n\nThis section applies if—\nunder a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and\na decision in relation to the request may be made only at a general meeting of the body corporate.\nThe request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.\nThe person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )—\nby notice given to each owner of a lot, call a general meeting of the body corporate; and\ninclude the request as a motion on the general meeting agenda.\nIf the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.\nIf either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )—\na general meeting is not called within the relevant period;\na general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).\nThe body corporate must give the person written notice of the deemed decision—\nif subsection (5) (a) applies, as soon as practicable after the relevant period ends; or\nif subsection (5) (b) applies, as soon as practicable after the prescribed period ends.\nAlso, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.\ns 82A ins 2024 SL No. 40 s 67\n(sec.82A-ssec.1) This section applies if— under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and a decision in relation to the request may be made only at a general meeting of the body corporate.\n(sec.82A-ssec.2) The request must be in writing and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.\n(sec.82A-ssec.3) The person to whom the request is made under subsection (2) must within 21 days after the request is made (the relevant period )— by notice given to each owner of a lot, call a general meeting of the body corporate; and include the request as a motion on the general meeting agenda.\n(sec.82A-ssec.4) If the motion is decided at the general meeting, the body corporate must give the person written notice of the decision as soon as practicable after the decision is made.\n(sec.82A-ssec.5) If either of the following occurs, the body corporate is taken to have decided to approve the request (a deemed decision )— a general meeting is not called within the relevant period; a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).\n(sec.82A-ssec.6) The body corporate must give the person written notice of the deemed decision— if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.\n(sec.82A-ssec.7) Also, the body corporate must include a record of the deemed decision in the minutes of the general meeting held immediately after the request is approved.\n- (a) under a by-law a person must make a request to a body corporate for written approval in relation to the keeping or bringing of an animal on a lot or common property; and\n- (b) a decision in relation to the request may be made only at a general meeting of the body corporate.\n- (a) by notice given to each owner of a lot, call a general meeting of the body corporate; and\n- (b) include the request as a motion on the general meeting agenda.\n- (a) a general meeting is not called within the relevant period;\n- (b) a general meeting is called within the relevant period but the body corporate does not decide the request within the period prescribed under section 82B (the prescribed period ).\n- (a) if subsection (5) (a) applies, as soon as practicable after the relevant period ends; or\n- (b) if subsection (5) (b) applies, as soon as practicable after the prescribed period ends.","sortOrder":97},{"sectionNumber":"sec.82B","sectionType":"section","heading":"Decisions about requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4)","content":"### sec.82B Decisions about requests for approval to keep or bring an animal on to a lot or common property— Act , s 169B (4)\n\nFor section 169B (4) (a) of the Act , for a decision of a body corporate, the prescribed period is within 6 weeks after a notice is given under section 82A (3) (a) .\ns 82B ins 2024 SL No. 40 s 67","sortOrder":98},{"sectionNumber":"sec.83","sectionType":"section","heading":"When annual general meetings must be called","content":"### sec.83 When annual general meetings must be called\n\nAn annual general meeting, other than the first annual general meeting, must be called and held within 3 months after the end of each of the community titles scheme’s financial years.\nSee division 2 for requirements for the first annual general meeting.","sortOrder":99},{"sectionNumber":"sec.84","sectionType":"section","heading":"Requirement for requested extraordinary general meeting","content":"### sec.84 Requirement for requested extraordinary general meeting\n\nAn extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is—\nsigned by or for the owners of at least 25% of all the lots included in the community titles scheme; and\ngiven to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.\nThe secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days.\nA requested extraordinary general meeting—\nmust be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and\nmust be held within 6 weeks after the notice is given.\nSection 91 provides a general meeting must be held at least 21 days after notice is given to the lot owners.\nA requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\n(sec.84-ssec.1) An extraordinary general meeting (a requested extraordinary general meeting ) of the body corporate must be called if a notice requesting an extraordinary general meeting to consider and decide motions proposed in the notice is— signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.\n(sec.84-ssec.2) The secretary may be presumed to be absent if the notice is given to the secretary at the address for service of the body corporate and no reply is received within 7 days.\n(sec.84-ssec.3) A requested extraordinary general meeting— must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and must be held within 6 weeks after the notice is given. Section 91 provides a general meeting must be held at least 21 days after notice is given to the lot owners.\n(sec.84-ssec.4) A requested extraordinary general meeting of the body corporate may be called even though the body corporate’s first annual general meeting has not yet been held.\n- (a) signed by or for the owners of at least 25% of all the lots included in the community titles scheme; and\n- (b) given to the secretary or, in the secretary’s absence, the chairperson or, if the committee has not yet been chosen, the original owner.\n- (a) must be called, within 14 days after the notice is given under subsection (1) , by the person to whom the notice is given; and\n- (b) must be held within 6 weeks after the notice is given. Note— Section 91 provides a general meeting must be held at least 21 days after notice is given to the lot owners.","sortOrder":100},{"sectionNumber":"sec.85","sectionType":"section","heading":"Failure to call requested extraordinary general meeting","content":"### sec.85 Failure to call requested extraordinary general meeting\n\nThis section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 84 (1) .\nThe owners of lots by or for whom the original request was signed may, in writing, request a committee member, other than the committee member to whom the original request was given, to call the meeting.\nThe committee member must call the requested extraordinary general meeting within 14 days after the written request is given to the member.\n(sec.85-ssec.1) This section applies if a requested extraordinary general meeting is not called within 14 days after the notice (the original request ) requesting the meeting is given under section 84 (1) .\n(sec.85-ssec.2) The owners of lots by or for whom the original request was signed may, in writing, request a committee member, other than the committee member to whom the original request was given, to call the meeting.\n(sec.85-ssec.3) The committee member must call the requested extraordinary general meeting within 14 days after the written request is given to the member.","sortOrder":101},{"sectionNumber":"sec.86","sectionType":"section","heading":"Opportunity to submit agenda motions","content":"### sec.86 Opportunity to submit agenda motions\n\nA motion for consideration at a general meeting of the body corporate may be submitted at any time by—\na member of the body corporate; or\nthe committee.\nSubsection (3) only applies in relation to the first annual general meeting of a body corporate.\nIf a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.\nSubsections (5) to (8) apply in relation to all other general meetings of a body corporate.\nIf a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion.\nA motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting.\nHowever, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate—\na motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement;\na motion proposing that the remuneration paid to a particular service contractor be changed;\na motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.\nIf a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.\n(sec.86-ssec.1) A motion for consideration at a general meeting of the body corporate may be submitted at any time by— a member of the body corporate; or the committee.\n(sec.86-ssec.2) Subsection (3) only applies in relation to the first annual general meeting of a body corporate.\n(sec.86-ssec.3) If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.\n(sec.86-ssec.4) Subsections (5) to (8) apply in relation to all other general meetings of a body corporate.\n(sec.86-ssec.5) If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8) , it must, subject to subsections (6) and (7) , be included on the next general meeting agenda on which it is practicable to include the motion.\n(sec.86-ssec.6) A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting.\n(sec.86-ssec.7) However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; a motion proposing that the remuneration paid to a particular service contractor be changed; a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.\n(sec.86-ssec.8) If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.\n- (a) a member of the body corporate; or\n- (b) the committee.\n- (a) a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement;\n- (b) a motion proposing that the remuneration paid to a particular service contractor be changed;\n- (c) a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.","sortOrder":102},{"sectionNumber":"sec.87","sectionType":"section","heading":"Notice of general meetings","content":"### sec.87 Notice of general meetings\n\nWritten notice of a general meeting must be given to the owner of each lot included in the community titles scheme.\nThe notice must state the time and place of the proposed general meeting.\nThe notice of a proposed general meeting must—\ncontain an agenda for the meeting; and\nbe accompanied by—\na proxy form; and\nif the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\nbe accompanied by a voting paper for all open motions to be decided at the meeting; and\nfor a motion to be decided by secret ballot—\nfor a hard copy vote—include the following things—\na secret voting paper under section 88 ;\nan envelope marked ‘secret voting paper’;\neither a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and\nfor an electronic vote—include instructions mentioned in section 88 (5) (g) ; and\nbe accompanied by explanatory material required under section 90 ; and\ncontain or be accompanied by any other document as required under the Act or this regulation.\nSee, for example, the documents required under sections 22 , 27 , 160 , 173 , 175 , 176 , 196 and 230 .\nHowever, if all of the lots have identical ownership, no notice of a general meeting need be given.\n(sec.87-ssec.1) Written notice of a general meeting must be given to the owner of each lot included in the community titles scheme.\n(sec.87-ssec.2) The notice must state the time and place of the proposed general meeting.\n(sec.87-ssec.3) The notice of a proposed general meeting must— contain an agenda for the meeting; and be accompanied by— a proxy form; and if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and be accompanied by a voting paper for all open motions to be decided at the meeting; and for a motion to be decided by secret ballot— for a hard copy vote—include the following things— a secret voting paper under section 88 ; an envelope marked ‘secret voting paper’; either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and for an electronic vote—include instructions mentioned in section 88 (5) (g) ; and be accompanied by explanatory material required under section 90 ; and contain or be accompanied by any other document as required under the Act or this regulation. See, for example, the documents required under sections 22 , 27 , 160 , 173 , 175 , 176 , 196 and 230 .\n(sec.87-ssec.4) However, if all of the lots have identical ownership, no notice of a general meeting need be given.\n- (a) contain an agenda for the meeting; and\n- (b) be accompanied by— (i) a proxy form; and (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\n- (i) a proxy form; and\n- (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\n- (c) be accompanied by a voting paper for all open motions to be decided at the meeting; and\n- (d) for a motion to be decided by secret ballot— (i) for a hard copy vote—include the following things— (A) a secret voting paper under section 88 ; (B) an envelope marked ‘secret voting paper’; (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and (ii) for an electronic vote—include instructions mentioned in section 88 (5) (g) ; and\n- (i) for a hard copy vote—include the following things— (A) a secret voting paper under section 88 ; (B) an envelope marked ‘secret voting paper’; (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and\n- (A) a secret voting paper under section 88 ;\n- (B) an envelope marked ‘secret voting paper’;\n- (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and\n- (ii) for an electronic vote—include instructions mentioned in section 88 (5) (g) ; and\n- (e) be accompanied by explanatory material required under section 90 ; and\n- (f) contain or be accompanied by any other document as required under the Act or this regulation.\n- (i) a proxy form; and\n- (ii) if the notice is given to the corporate owner of a lot—a form under which the owner may advise the body corporate of the corporate owner nominee; and\n- (i) for a hard copy vote—include the following things— (A) a secret voting paper under section 88 ; (B) an envelope marked ‘secret voting paper’; (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and\n- (A) a secret voting paper under section 88 ;\n- (B) an envelope marked ‘secret voting paper’;\n- (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and\n- (ii) for an electronic vote—include instructions mentioned in section 88 (5) (g) ; and\n- (A) a secret voting paper under section 88 ;\n- (B) an envelope marked ‘secret voting paper’;\n- (C) either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that a person may detach without unsealing or otherwise opening the envelope; and","sortOrder":103},{"sectionNumber":"sec.88","sectionType":"section","heading":"Requirements for voting papers","content":"### sec.88 Requirements for voting papers\n\nThe secretary must prepare a hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting.\nAlso, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot.\nIf 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper.\nHowever, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper.\nA voting paper must—\nstate each motion in accordance with subsection (6) ; and\nstate for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and\nfor a secret voting paper—be marked with the words ‘secret voting paper’; and\nif the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and\nif the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and\nif the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and\nif the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.\nSubject to subsection (7) , the voting paper must, for each motion, state—\nthe motion in the form in which it was submitted without amendment; and\nif the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and\nif the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\nA voting paper that includes a group of same-issue motions must also list the motions that are part of the group—\nunder the title of the group of same-issue motions as shown on the agenda for the meeting; and\nin the following order—\nmotions requiring a resolution without dissent;\nmotions requiring a special resolution;\nmotions requiring a majority resolution;\nmotions requiring an ordinary resolution.\nTo remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot—\nthe voting paper for the open motions lists only the open motions; and\nthe secret voting paper lists only the motions to be decided by secret ballot.\n(sec.88-ssec.1) The secretary must prepare a hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting.\n(sec.88-ssec.2) Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot.\n(sec.88-ssec.3) If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper.\n(sec.88-ssec.4) However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper.\n(sec.88-ssec.5) A voting paper must— state each motion in accordance with subsection (6) ; and state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and for a secret voting paper—be marked with the words ‘secret voting paper’; and if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.\n(sec.88-ssec.6) Subject to subsection (7) , the voting paper must, for each motion, state— the motion in the form in which it was submitted without amendment; and if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n(sec.88-ssec.7) A voting paper that includes a group of same-issue motions must also list the motions that are part of the group— under the title of the group of same-issue motions as shown on the agenda for the meeting; and in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring a majority resolution; motions requiring an ordinary resolution.\n(sec.88-ssec.8) To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot— the voting paper for the open motions lists only the open motions; and the secret voting paper lists only the motions to be decided by secret ballot.\n- (a) state each motion in accordance with subsection (6) ; and\n- (b) state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and\n- (c) for a secret voting paper—be marked with the words ‘secret voting paper’; and\n- (d) if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and\n- (e) if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and\n- (f) if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and\n- (g) if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.\n- (a) the motion in the form in which it was submitted without amendment; and\n- (b) if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and\n- (c) if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.\n- (a) under the title of the group of same-issue motions as shown on the agenda for the meeting; and\n- (b) in the following order— (i) motions requiring a resolution without dissent; (ii) motions requiring a special resolution; (iii) motions requiring a majority resolution; (iv) motions requiring an ordinary resolution.\n- (i) motions requiring a resolution without dissent;\n- (ii) motions requiring a special resolution;\n- (iii) motions requiring a majority resolution;\n- (iv) motions requiring an ordinary resolution.\n- (i) motions requiring a resolution without dissent;\n- (ii) motions requiring a special resolution;\n- (iii) motions requiring a majority resolution;\n- (iv) motions requiring an ordinary resolution.\n- (a) the voting paper for the open motions lists only the open motions; and\n- (b) the secret voting paper lists only the motions to be decided by secret ballot.","sortOrder":104},{"sectionNumber":"sec.89","sectionType":"section","heading":"Group of same-issue motions","content":"### sec.89 Group of same-issue motions\n\nThis section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 86 , for consideration at a general meeting of the body corporate.\nThe secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person.\nThe committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting.\nSee also section 88 .\nA person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions—\nvote in favour of 1 or more of the motions;\nvote against 1 or more of the motions;\nabstain from voting on 1 or more of the motions.\nAn original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate.\nIf there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions.\nIf there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions.\nSuppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows—\nOriginal motion A which proposes improvements that would cost an amount that must be authorised by special resolution;\nOriginal motion B which proposes improvements that would cost an amount that must be authorised by special resolution;\nOriginal motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution.\nOriginal motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions.\nAs original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions.\nHowever, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions.\nIf there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides.\nOther than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.\n(sec.89-ssec.1) This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 86 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person.\n(sec.89-ssec.2) The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting. See also section 88 .\n(sec.89-ssec.3) A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions.\n(sec.89-ssec.4) An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate.\n(sec.89-ssec.5) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions.\n(sec.89-ssec.6) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing improvements to the common property are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows— Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution; Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution. Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions.\n(sec.89-ssec.7) However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions.\n(sec.89-ssec.8) If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides.\n(sec.89-ssec.9) Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.\n- (a) vote in favour of 1 or more of the motions;\n- (b) vote against 1 or more of the motions;\n- (c) abstain from voting on 1 or more of the motions.\n- 1 Original motion A which proposes improvements that would cost an amount that must be authorised by special resolution;\n- 2 Original motion B which proposes improvements that would cost an amount that must be authorised by special resolution;\n- 3 Original motion C which proposes improvements that would cost an amount that may be authorised by ordinary resolution.","sortOrder":105},{"sectionNumber":"sec.90","sectionType":"section","heading":"Explanatory material accompanying voting paper","content":"### sec.90 Explanatory material accompanying voting paper\n\nA voting paper for a general meeting must be accompanied by an explanatory schedule if—\nthe submitter of a motion stated in the voting paper gives the secretary an explanatory note about the motion, and the note is not longer than 300 words; or\nthe voting paper is for an annual general meeting; or\nthe voting paper includes a group of same-issue motions; or\nthe voting paper states a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; or\nan explanatory schedule is required to accompany the voting paper under another provision of this regulation.\nSee, for example, section 53 .\nThe explanatory schedule must, for a motion mentioned in subsection (1) (a) , include only the following information—\nthe number assigned to the motion on the voting paper;\nthe explanatory note in the form given by the motion’s submitter;\nthe submitter’s name.\nThe explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, include an explanatory note stating that, under section 161 , the amount of a budget adopted at the meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.\nThe explanatory schedule must, for a group of same-issue motions, include all of the following information—\nthe title of the group as shown on the agenda for the meeting;\na list of each original motion that is part of the group;\neach original motion whose substance is stated in the form in which it was submitted under section 86 ;\nan explanatory note about each original motion, given to the secretary by the submitter of the original motion, if the note is not longer than 300 words;\nan explanatory note stating that—\nvoters may vote on each of the original motions that are part of the group; and\nvotes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\nif a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\nan original motion can not be amended at the general meeting; and\nif no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed.\n‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion.\nVotes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions.\nIf no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed.\nOriginal motions in the group of same-issue motions can not be amended at the meeting.’.\nThe explanatory schedule must, for a motion mentioned in subsection (1) (d) , include an explanatory note, in the approved form, explaining the effect of the proposed change.\nTo remove any doubt, it is declared that an explanatory schedule for a motion must not contain explanatory material, other than an explanatory note mentioned in subsections (3) to (5) or required under another provision of this regulation, written by a person other than the submitter of the motion.\nA notice of a proposed general meeting may be accompanied by explanatory material given by the committee, other than an explanatory note mentioned in subsections (2) to (5) , if the material is contained in a schedule of the committee’s explanatory material that is separate from the explanatory schedule.\nThe schedule of a committee’s explanatory material might contain general explanatory material that does not relate to a particular motion stated in the voting paper, or information relating to a motion.\nExplanatory material may accompany a voting paper or a notice of a proposed general meeting only if required or permitted under this regulation.\n(sec.90-ssec.1) A voting paper for a general meeting must be accompanied by an explanatory schedule if— the submitter of a motion stated in the voting paper gives the secretary an explanatory note about the motion, and the note is not longer than 300 words; or the voting paper is for an annual general meeting; or the voting paper includes a group of same-issue motions; or the voting paper states a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; or an explanatory schedule is required to accompany the voting paper under another provision of this regulation. See, for example, section 53 .\n(sec.90-ssec.2) The explanatory schedule must, for a motion mentioned in subsection (1) (a) , include only the following information— the number assigned to the motion on the voting paper; the explanatory note in the form given by the motion’s submitter; the submitter’s name.\n(sec.90-ssec.3) The explanatory schedule accompanying a voting paper for an annual general meeting must, for a motion about adopting administrative and sinking fund budgets, include an explanatory note stating that, under section 161 , the amount of a budget adopted at the meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.\n(sec.90-ssec.4) The explanatory schedule must, for a group of same-issue motions, include all of the following information— the title of the group as shown on the agenda for the meeting; a list of each original motion that is part of the group; each original motion whose substance is stated in the form in which it was submitted under section 86 ; an explanatory note about each original motion, given to the secretary by the submitter of the original motion, if the note is not longer than 300 words; an explanatory note stating that— voters may vote on each of the original motions that are part of the group; and votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and an original motion can not be amended at the general meeting; and if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed. ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’.\n(sec.90-ssec.5) The explanatory schedule must, for a motion mentioned in subsection (1) (d) , include an explanatory note, in the approved form, explaining the effect of the proposed change.\n(sec.90-ssec.6) To remove any doubt, it is declared that an explanatory schedule for a motion must not contain explanatory material, other than an explanatory note mentioned in subsections (3) to (5) or required under another provision of this regulation, written by a person other than the submitter of the motion.\n(sec.90-ssec.7) A notice of a proposed general meeting may be accompanied by explanatory material given by the committee, other than an explanatory note mentioned in subsections (2) to (5) , if the material is contained in a schedule of the committee’s explanatory material that is separate from the explanatory schedule. The schedule of a committee’s explanatory material might contain general explanatory material that does not relate to a particular motion stated in the voting paper, or information relating to a motion.\n(sec.90-ssec.8) Explanatory material may accompany a voting paper or a notice of a proposed general meeting only if required or permitted under this regulation.\n- (a) the submitter of a motion stated in the voting paper gives the secretary an explanatory note about the motion, and the note is not longer than 300 words; or\n- (b) the voting paper is for an annual general meeting; or\n- (c) the voting paper includes a group of same-issue motions; or\n- (d) the voting paper states a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; or\n- (e) an explanatory schedule is required to accompany the voting paper under another provision of this regulation.\n- (a) the number assigned to the motion on the voting paper;\n- (b) the explanatory note in the form given by the motion’s submitter;\n- (c) the submitter’s name.\n- (a) the title of the group as shown on the agenda for the meeting;\n- (b) a list of each original motion that is part of the group;\n- (c) each original motion whose substance is stated in the form in which it was submitted under section 86 ;\n- (d) an explanatory note about each original motion, given to the secretary by the submitter of the original motion, if the note is not longer than 300 words;\n- (e) an explanatory note stating that— (i) voters may vote on each of the original motions that are part of the group; and (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and (iv) an original motion can not be amended at the general meeting; and (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed. Example of an explanatory note for paragraph (e) — ‘To vote on this group of same-issue motions, you may either vote in favour of, against, or abstain from voting on, each original motion in the group of same-issue motions. You may vote on more than 1 original motion. Votes on each original motion in the group of same-issue motions will be counted in the order the original motions are listed in the agenda. When votes for all original motions have been counted, the original motion that receives the sufficient number of votes to pass according to the type of resolution required for the motion, and that also receives the highest number of votes in favour, is the decision of the body corporate about the group of same-issue motions. Only 1 original motion can be passed as the decision of the body corporate about the group of same-issue motions. If no original motion receives the sufficient number of votes to pass according to the resolution required for the motion, the decision of the body corporate about the group of same-issue motions is that no original motion is passed. Original motions in the group of same-issue motions can not be amended at the meeting.’.\n- (i) voters may vote on each of the original motions that are part of the group; and\n- (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\n- (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\n- (iv) an original motion can not be amended at the general meeting; and\n- (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed.\n- (i) voters may vote on each of the original motions that are part of the group; and\n- (ii) votes are counted for all original motions that are part of the group before the body corporate’s decision is determined; and\n- (iii) if a motion is a qualifying motion, the motion qualifies to be a decision of the body corporate; and\n- (iv) an original motion can not be amended at the general meeting; and\n- (v) if no original motion receives sufficient votes to pass according to the type of resolution required for the motion the decision of the body corporate is that none of the original motions are passed.","sortOrder":106},{"sectionNumber":"sec.91","sectionType":"section","heading":"Time of general meetings","content":"### sec.91 Time of general meetings\n\nA general meeting must be held at least 21 days after notice of the meeting is given to the owners of lots.\nSection 84 provides for the timing of a requested extraordinary general meeting.","sortOrder":107},{"sectionNumber":"sec.92","sectionType":"section","heading":"Place of general meetings","content":"### sec.92 Place of general meetings\n\nA general meeting must be held not more than 15km, measured in a straight line on a horizontal plane, from scheme land.\nHowever, the meeting may be held more than 15km from scheme land if—\nthe committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land, and allows the owners a reasonable opportunity to object in writing to the proposed place by a stated date; and\nat the end of the stated date, the committee has not received written objections to the proposed place of meeting by or for owners of at least 25% of the lots included in the scheme.\n(sec.92-ssec.1) A general meeting must be held not more than 15km, measured in a straight line on a horizontal plane, from scheme land.\n(sec.92-ssec.2) However, the meeting may be held more than 15km from scheme land if— the committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land, and allows the owners a reasonable opportunity to object in writing to the proposed place by a stated date; and at the end of the stated date, the committee has not received written objections to the proposed place of meeting by or for owners of at least 25% of the lots included in the scheme.\n- (a) the committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land, and allows the owners a reasonable opportunity to object in writing to the proposed place by a stated date; and\n- (b) at the end of the stated date, the committee has not received written objections to the proposed place of meeting by or for owners of at least 25% of the lots included in the scheme.","sortOrder":108},{"sectionNumber":"sec.93","sectionType":"section","heading":"Agenda for general meeting","content":"### sec.93 Agenda for general meeting\n\nThe committee must prepare an agenda for each general meeting.\nThe agenda must include—\nthe substance of the following motions—\nmotions submitted by the committee for consideration at the meeting;\nif the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\na motion submitted under section 86 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions;\nif an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\nif there has been a previous general meeting—a motion to confirm the minutes of the last meeting;\nany other motion required under this regulation to be included on the agenda for the meeting; and\nSee, for example, sections 43 and 51 .\nif the general meeting is the first annual general meeting for the community titles scheme—the business required to be considered at the first annual general meeting; and\nif there is a group of same-issue motions on the agenda—\nthe title of the group of same-issue motions; and\nAn agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\na list of the original motions that are part of the group in the following order—\nmotions requiring a resolution without dissent;\nmotions requiring a special resolution;\nmotions requiring a majority resolution;\nmotions requiring an ordinary resolution.\nIf the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include—\nthe substance of each statutory motion to be considered at the meeting; and\nanything else required, under the Act , to be included on the agenda for the meeting.\n(sec.93-ssec.1) The committee must prepare an agenda for each general meeting.\n(sec.93-ssec.2) The agenda must include— the substance of the following motions— motions submitted by the committee for consideration at the meeting; if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; a motion submitted under section 86 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions; if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; any other motion required under this regulation to be included on the agenda for the meeting; and See, for example, sections 43 and 51 . if the general meeting is the first annual general meeting for the community titles scheme—the business required to be considered at the first annual general meeting; and if there is a group of same-issue motions on the agenda— the title of the group of same-issue motions; and An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. a list of the original motions that are part of the group in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring a majority resolution; motions requiring an ordinary resolution.\n(sec.93-ssec.3) If the meeting is an annual general meeting, other than the first annual general meeting, the agenda must also include— the substance of each statutory motion to be considered at the meeting; and anything else required, under the Act , to be included on the agenda for the meeting.\n- (a) the substance of the following motions— (i) motions submitted by the committee for consideration at the meeting; (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting; (iii) a motion submitted under section 86 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions; (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order; (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting; (vi) any other motion required under this regulation to be included on the agenda for the meeting; and Note— See, for example, sections 43 and 51 .\n- (i) motions submitted by the committee for consideration at the meeting;\n- (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\n- (iii) a motion submitted under section 86 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions;\n- (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\n- (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting;\n- (vi) any other motion required under this regulation to be included on the agenda for the meeting; and Note— See, for example, sections 43 and 51 .\n- (b) if the general meeting is the first annual general meeting for the community titles scheme—the business required to be considered at the first annual general meeting; and\n- (c) if there is a group of same-issue motions on the agenda— (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’. (ii) a list of the original motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring a majority resolution; (D) motions requiring an ordinary resolution.\n- (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\n- (ii) a list of the original motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring a majority resolution; (D) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring a majority resolution;\n- (D) motions requiring an ordinary resolution.\n- (i) motions submitted by the committee for consideration at the meeting;\n- (ii) if the general meeting is a requested extraordinary general meeting—the motions proposed in the notice asking for the meeting;\n- (iii) a motion submitted under section 86 by a member of the body corporate and required to be included on the agenda, other than a motion stated on the agenda as an original motion under a group of same-issue motions;\n- (iv) if an adjudicator makes an order under the dispute resolution provisions authorising or requiring the calling of the general meeting to consider motions stated in the order—the motions stated in the order;\n- (v) if there has been a previous general meeting—a motion to confirm the minutes of the last meeting;\n- (vi) any other motion required under this regulation to be included on the agenda for the meeting; and Note— See, for example, sections 43 and 51 .\n- (i) the title of the group of same-issue motions; and Example— An agenda sets out a list of motions that are all about refurbishment of a common property swimming pool under a title ‘Motions about pool refurbishment’.\n- (ii) a list of the original motions that are part of the group in the following order— (A) motions requiring a resolution without dissent; (B) motions requiring a special resolution; (C) motions requiring a majority resolution; (D) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring a majority resolution;\n- (D) motions requiring an ordinary resolution.\n- (A) motions requiring a resolution without dissent;\n- (B) motions requiring a special resolution;\n- (C) motions requiring a majority resolution;\n- (D) motions requiring an ordinary resolution.\n- (a) the substance of each statutory motion to be considered at the meeting; and\n- (b) anything else required, under the Act , to be included on the agenda for the meeting.","sortOrder":109},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Special provisions for first annual general meeting","content":"## Special provisions for first annual general meeting","sortOrder":110},{"sectionNumber":"sec.94","sectionType":"section","heading":"First annual general meeting","content":"### sec.94 First annual general meeting\n\nThe original owner must call and hold the first annual general meeting of the body corporate as required by this section.\nMaximum penalty—150 penalty units.\nThe meeting must be called for and held within 2 months after the first of the following to happen—\nmore than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner;\n6 months elapse after the establishment of the scheme.\nThe agenda for the meeting must include the following items of business—\nadopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year;\nreviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance;\nchoosing the members of the committee;\ndeciding what issues are reserved for decision by ordinary resolution;\nSee section 52 (1) (c) .\ndeciding whether the by-laws should be amended or repealed;\nappointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor;\nany motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion;\nif the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.\nIf the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.\nThe original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator.\nSubject to section 95 (4) , this section does not apply to the body corporate of a community titles scheme to which section 95 applies.\ns 94 amd 2024 SL No. 40 s 68\n(sec.94-ssec.1) The original owner must call and hold the first annual general meeting of the body corporate as required by this section. Maximum penalty—150 penalty units.\n(sec.94-ssec.2) The meeting must be called for and held within 2 months after the first of the following to happen— more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner; 6 months elapse after the establishment of the scheme.\n(sec.94-ssec.3) The agenda for the meeting must include the following items of business— adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year; reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance; choosing the members of the committee; deciding what issues are reserved for decision by ordinary resolution; See section 52 (1) (c) . deciding whether the by-laws should be amended or repealed; appointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor; any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion; if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.\n(sec.94-ssec.4) If the original owner does not call and hold the first annual general meeting as required by this section, the order of an adjudicator under the dispute resolution provisions may include an order appointing a person to call the first annual general meeting within a stated time.\n(sec.94-ssec.5) The original owner is not relieved of liability for not calling and holding the first annual general meeting because the meeting has been called and held under the order of an adjudicator.\n(sec.94-ssec.6) Subject to section 95 (4) , this section does not apply to the body corporate of a community titles scheme to which section 95 applies.\n- (a) more than 50% of the lots included in the community titles scheme are no longer in the ownership of the original owner;\n- (b) 6 months elapse after the establishment of the scheme.\n- (a) adopting or reviewing budgets, and fixing of the contributions to be levied against the owners of lots, for the body corporate’s first financial year;\n- (b) reviewing the policies of insurance taken out for the body corporate and, if appropriate, changing the insurance;\n- (c) choosing the members of the committee;\n- (d) deciding what issues are reserved for decision by ordinary resolution; Note— See section 52 (1) (c) .\n- (e) deciding whether the by-laws should be amended or repealed;\n- (f) appointing an auditor to audit the accounts of the body corporate, or resolving by special resolution not to appoint an auditor;\n- (g) any motion submitted by a member of the body corporate before the first annual general meeting if it is practicable to include the motion;\n- (h) if the meeting is called on the order of an adjudicator under the dispute resolution provisions—deciding issues the adjudicator orders to be placed on the agenda for the meeting.","sortOrder":111},{"sectionNumber":"sec.95","sectionType":"section","heading":"First annual general meeting—scheme established by amalgamation","content":"### sec.95 First annual general meeting—scheme established by amalgamation\n\nThis section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act .\nThe first annual general meeting of the body corporate for the new scheme must be called, under this section, by—\nif, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or\nif paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.\nThe meeting must be called and held within 3 months after the amalgamation takes effect.\nThe agenda for the meeting must include the items mentioned in section 94 (3) .\nIf a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time.\nIn this section—\nformer secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.\n(sec.95-ssec.1) This section applies to the body corporate of a community titles scheme (the new scheme ) established by the amalgamation of 2 or more community titles schemes (the previous schemes ) under chapter 2 , part 10 of the Act .\n(sec.95-ssec.2) The first annual general meeting of the body corporate for the new scheme must be called, under this section, by— if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.\n(sec.95-ssec.3) The meeting must be called and held within 3 months after the amalgamation takes effect.\n(sec.95-ssec.4) The agenda for the meeting must include the items mentioned in section 94 (3) .\n(sec.95-ssec.5) If a former secretary fails to comply with subsection (2) , a member of the body corporate for the new scheme may apply, under the dispute resolution provisions, for an order of an adjudicator appointing a person to call the meeting within a stated time.\n(sec.95-ssec.6) In this section— former secretary means a person who, immediately before the amalgamation takes effect, holds office as secretary of the body corporate for a previous scheme.\n- (a) if, before the amalgamation, the bodies corporate for each of the previous schemes each passed an ordinary resolution appointing the same former secretary to call the meeting—the former secretary appointed; or\n- (b) if paragraph (a) does not apply—the former secretaries for the previous schemes, acting jointly.","sortOrder":112},{"sectionNumber":"sec.96","sectionType":"section","heading":"Documents and materials to be given to body corporate at first annual general meeting","content":"### sec.96 Documents and materials to be given to body corporate at first annual general meeting\n\nAt the first annual general meeting, the original owner must give the following to the body corporate—\na register of assets containing an inventory of all body corporate assets;\nif a development approval was required for development on the scheme land—a copy of the development approval;\nall plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure;\nthe community management statement currently recorded for the community titles scheme;\nall policies of insurance taken out by the original owner for the body corporate;\ncopies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;\nif a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;\nan independent valuation for each building the body corporate must insure under chapter 8 , part 6 ;\ndocuments in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement or letting agent authorisation, correspondence and tender documentation;\ndocuments in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including—\ncontracts for building work, or other work of a developmental nature, carried out on scheme land; and\ncertificates of classification for buildings and fire safety certificates;\ncopies of any contracts or agreements for the supply of utility services to the body corporate;\ncopies of any documents relating to warranties for—\nbuildings or improvements forming part of scheme land; and\nany item of plant and equipment forming part of the common property; and\nany other body corporate asset;\nadministrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year;\na detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years that must include an estimate for the repainting of common property and of buildings that are body corporate assets;\na copy of any proxy form under which the original owner is the proxy for an owner of a lot;\na copy of any document under which the original owner derives the representative capacity for an owner of a lot.\nMaximum penalty—150 penalty units.\nIf documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity.\nMaximum penalty—20 penalty units.\nThe documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form.\nAlso, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited.\nIn this section—\nexcluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.\ns 96 amd 2024 SL No. 40 s 69 ; 2024 Act No. 22 s 92 sch 1\n(sec.96-ssec.1) At the first annual general meeting, the original owner must give the following to the body corporate— a register of assets containing an inventory of all body corporate assets; if a development approval was required for development on the scheme land—a copy of the development approval; all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure; the community management statement currently recorded for the community titles scheme; all policies of insurance taken out by the original owner for the body corporate; copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate; if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan; an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ; documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement or letting agent authorisation, correspondence and tender documentation; documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— contracts for building work, or other work of a developmental nature, carried out on scheme land; and certificates of classification for buildings and fire safety certificates; copies of any contracts or agreements for the supply of utility services to the body corporate; copies of any documents relating to warranties for— buildings or improvements forming part of scheme land; and any item of plant and equipment forming part of the common property; and any other body corporate asset; administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year; a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years that must include an estimate for the repainting of common property and of buildings that are body corporate assets; a copy of any proxy form under which the original owner is the proxy for an owner of a lot; a copy of any document under which the original owner derives the representative capacity for an owner of a lot. Maximum penalty—150 penalty units.\n(sec.96-ssec.2) If documents of the types mentioned in subsection (1) come into the original owner’s possession after the body corporate’s first annual general meeting, the original owner must give the documents to the body corporate’s secretary at the earliest practicable opportunity. Maximum penalty—20 penalty units.\n(sec.96-ssec.3) The documents mentioned in subsection (1) must be given to the body corporate in hard copy and electronic form.\n(sec.96-ssec.4) Also, the electronic form of the document mentioned in subsection (1) (d) must be readily capable of being edited.\n(sec.96-ssec.5) In this section— excluded documents means certificates of title for individual lots, or documents evidencing rights or obligations of the original owner that are not capable of being used for the benefit of the body corporate or an owner, other than an owner who is the original owner, of a lot.\n- (a) a register of assets containing an inventory of all body corporate assets;\n- (b) if a development approval was required for development on the scheme land—a copy of the development approval;\n- (c) all plans, specifications, diagrams and drawings of buildings and improvements forming part of scheme land, as built, showing water pipes, electrical wiring, drainage, ventilation ducts, air-conditioning systems and other utility infrastructure;\n- (d) the community management statement currently recorded for the community titles scheme;\n- (e) all policies of insurance taken out by the original owner for the body corporate;\n- (f) copies of documents relating to any claim made against a policy of insurance taken out by the original owner for the body corporate;\n- (g) if a fire and evacuation plan under the Fire Services Act 1990 is required under that Act for a building on the scheme land—a copy of the plan;\n- (h) an independent valuation for each building the body corporate must insure under chapter 8 , part 6 ;\n- (i) documents in the original owner’s possession or control relevant to the administration of the community titles scheme, including the body corporate’s roll, books of account, meeting minutes, registers, any body corporate manager or service contractor engagement or letting agent authorisation, correspondence and tender documentation;\n- (j) documents in the original owner’s possession or control relevant to the buildings or improvements on scheme land, other than excluded documents, including— (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and (ii) certificates of classification for buildings and fire safety certificates;\n- (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and\n- (ii) certificates of classification for buildings and fire safety certificates;\n- (k) copies of any contracts or agreements for the supply of utility services to the body corporate;\n- (l) copies of any documents relating to warranties for— (i) buildings or improvements forming part of scheme land; and (ii) any item of plant and equipment forming part of the common property; and (iii) any other body corporate asset;\n- (i) buildings or improvements forming part of scheme land; and\n- (ii) any item of plant and equipment forming part of the common property; and\n- (iii) any other body corporate asset;\n- (m) administrative and sinking fund budgets showing the body corporate’s estimated spending for the first financial year;\n- (n) a detailed and comprehensive estimate of the body corporate’s sinking fund expenditure for the scheme’s first 10 financial years that must include an estimate for the repainting of common property and of buildings that are body corporate assets;\n- (o) a copy of any proxy form under which the original owner is the proxy for an owner of a lot;\n- (p) a copy of any document under which the original owner derives the representative capacity for an owner of a lot.\n- (i) contracts for building work, or other work of a developmental nature, carried out on scheme land; and\n- (ii) certificates of classification for buildings and fire safety certificates;\n- (i) buildings or improvements forming part of scheme land; and\n- (ii) any item of plant and equipment forming part of the common property; and\n- (iii) any other body corporate asset;","sortOrder":113},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Chair and quorum for body corporate meetings","content":"# Chair and quorum for body corporate meetings","sortOrder":114},{"sectionNumber":"sec.97","sectionType":"section","heading":"Chairing general meetings","content":"### sec.97 Chairing general meetings\n\nThe chairperson must chair all general meetings at which the chairperson is present.\nA person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting if—\nthe chairperson is absent from the meeting; or\na chairperson has not been chosen; or\nthere is a vacancy in the office of chairperson.\nA body corporate manager exercising the powers of the chairperson under an authorisation given by the body corporate under section 119 of the Act —\nmay advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but\nmust not chair the meeting unless the body corporate manager—\nis elected under subsection (2) ; or\nis the only person forming a quorum at an adjourned meeting.\nIf a body corporate manager is carrying out the functions of a chairperson under a chapter 3 , part 5 engagement—\nsubsections (1) to (3) do not apply; and\na person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.\n(sec.97-ssec.1) The chairperson must chair all general meetings at which the chairperson is present.\n(sec.97-ssec.2) A person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting if— the chairperson is absent from the meeting; or a chairperson has not been chosen; or there is a vacancy in the office of chairperson.\n(sec.97-ssec.3) A body corporate manager exercising the powers of the chairperson under an authorisation given by the body corporate under section 119 of the Act — may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but must not chair the meeting unless the body corporate manager— is elected under subsection (2) ; or is the only person forming a quorum at an adjourned meeting.\n(sec.97-ssec.4) If a body corporate manager is carrying out the functions of a chairperson under a chapter 3 , part 5 engagement— subsections (1) to (3) do not apply; and a person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.\n- (a) the chairperson is absent from the meeting; or\n- (b) a chairperson has not been chosen; or\n- (c) there is a vacancy in the office of chairperson.\n- (a) may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but\n- (b) must not chair the meeting unless the body corporate manager— (i) is elected under subsection (2) ; or (ii) is the only person forming a quorum at an adjourned meeting.\n- (i) is elected under subsection (2) ; or\n- (ii) is the only person forming a quorum at an adjourned meeting.\n- (i) is elected under subsection (2) ; or\n- (ii) is the only person forming a quorum at an adjourned meeting.\n- (a) subsections (1) to (3) do not apply; and\n- (b) a person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.","sortOrder":115},{"sectionNumber":"sec.98","sectionType":"section","heading":"Power of person chairing general meeting to rule motion out of order","content":"### sec.98 Power of person chairing general meeting to rule motion out of order\n\nThe person chairing a general meeting of the body corporate must rule a motion out of order if—\nthe motion, if carried, would—\nconflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\nbe unlawful or unenforceable for another reason; or\nfor a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\nThe person chairing the meeting must, when ruling a motion , out of order—\ngive reasons for the ruling; and\nfor a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\nThe persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling.\nThe reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.\nTo remove any doubt, it is declared that—\nnothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and\nif the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.\n(sec.98-ssec.1) The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\n(sec.98-ssec.2) The person chairing the meeting must, when ruling a motion , out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\n(sec.98-ssec.3) The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling.\n(sec.98-ssec.4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.\n(sec.98-ssec.5) To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.\n- (a) the motion, if carried, would— (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or (ii) be unlawful or unenforceable for another reason; or\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason; or\n- (b) for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.\n- (i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or\n- (ii) be unlawful or unenforceable for another reason; or\n- (a) give reasons for the ruling; and\n- (b) for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.\n- (a) nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and\n- (b) if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.","sortOrder":116},{"sectionNumber":"sec.99","sectionType":"section","heading":"Quorum for general meetings","content":"### sec.99 Quorum for general meetings\n\nIn addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter—\nappointed a proxy for the meeting; or\ncast a hard copy vote before the start of the meeting; or\ncast an electronic vote before the start of the meeting.\nFor subsection (1) , a body corporate may decide by ordinary resolution that a voter is present personally at a meeting if the voter can cast a vote at the meeting by electronic means.\nteleconferencing, videoconferencing\nA quorum at a general meeting is—\nif, under subsection (4) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or\notherwise—at least 25% of the voters for the meeting.\nA body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is—\nnot less than 10% of the number of voters; and\nnot more than 25% of the number of voters.\nDespite subsection (3) , the number of voters that must be present personally for a meeting is—\nif the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or\nif the number of voters for the meeting is fewer than 3—1.\nFor this section, the number of voters for the meeting must be calculated as follows—\na person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter;\n2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter;\n2 or more co-owners of a lot must be counted as 1 voter.\nDespite section 102 (2) , each voter present at the meeting must be counted as a voter for the meeting.\n(sec.99-ssec.1) In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a hard copy vote before the start of the meeting; or cast an electronic vote before the start of the meeting.\n(sec.99-ssec.2) For subsection (1) , a body corporate may decide by ordinary resolution that a voter is present personally at a meeting if the voter can cast a vote at the meeting by electronic means. teleconferencing, videoconferencing\n(sec.99-ssec.3) A quorum at a general meeting is— if, under subsection (4) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting.\n(sec.99-ssec.4) A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters.\n(sec.99-ssec.5) Despite subsection (3) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1.\n(sec.99-ssec.6) For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter.\n(sec.99-ssec.7) Despite section 102 (2) , each voter present at the meeting must be counted as a voter for the meeting.\n- (a) appointed a proxy for the meeting; or\n- (b) cast a hard copy vote before the start of the meeting; or\n- (c) cast an electronic vote before the start of the meeting.\n- (a) if, under subsection (4) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or\n- (b) otherwise—at least 25% of the voters for the meeting.\n- (a) not less than 10% of the number of voters; and\n- (b) not more than 25% of the number of voters.\n- (a) if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or\n- (b) if the number of voters for the meeting is fewer than 3—1.\n- (a) a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter;\n- (b) 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter;\n- (c) 2 or more co-owners of a lot must be counted as 1 voter.","sortOrder":117},{"sectionNumber":"sec.100","sectionType":"section","heading":"Adjournment of general meeting and formation of quorum in particular circumstances","content":"### sec.100 Adjournment of general meeting and formation of quorum in particular circumstances\n\nThis section applies if a quorum is not formed under section 99 within 30 minutes of the time scheduled to start a general meeting.\nThe meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later.\nDespite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start.\nIf at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if—\nthe chairperson is present personally; or\nthe chairperson is not present personally, but a body corporate manager, exercising the powers of the chairperson under an authorisation given by the body corporate, is present personally.\n(sec.100-ssec.1) This section applies if a quorum is not formed under section 99 within 30 minutes of the time scheduled to start a general meeting.\n(sec.100-ssec.2) The meeting must be adjourned to be held at the same place, on the same day and at the same time, 1 week later.\n(sec.100-ssec.3) Despite subsection (2) , if it is not practicable to hold the adjourned meeting at the same place, it may be held at another place if all owners of lots are given notice of the new location before the adjourned meeting is to start.\n(sec.100-ssec.4) If at the adjourned meeting there is no quorum formed within 30 minutes of the time scheduled to start the adjourned meeting, the persons present, whether personally or otherwise, form a quorum if— the chairperson is present personally; or the chairperson is not present personally, but a body corporate manager, exercising the powers of the chairperson under an authorisation given by the body corporate, is present personally.\n- (a) the chairperson is present personally; or\n- (b) the chairperson is not present personally, but a body corporate manager, exercising the powers of the chairperson under an authorisation given by the body corporate, is present personally.","sortOrder":118},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Voting at general meetings","content":"# Voting at general meetings","sortOrder":119},{"sectionNumber":"sec.101","sectionType":"section","heading":"Meaning of voter for general meeting","content":"### sec.101 Meaning of voter for general meeting\n\nA voter for a general meeting of the body corporate is an individual—\nwhose name is entered on the body corporate’s roll as—\nthe owner of a lot; or\nthe representative of the owner of a lot; or\na corporate owner nominee; or\na subsidiary scheme representative; or\nwho is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\nFor subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if—\nthe person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or\nthe person—\nis acting under the authority of a power of attorney given to the person by the owner of the lot; and\nis not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\nis not the body corporate manager, a service contractor or a letting agent.\nFor subsection (2) (b) , a person may only act as the owner’s representative in relation to more than 1 lot if—\nthe owner of each lot is the same person; or\nfor each lot—the representative is a family member of the owner of the lot; or\nthe power of attorney is given under section 211 or 219 of the Act .\nAlso, a person may be treated as the owner’s representative only if the person—\ngives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and\nadvises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\nThe owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary.\nFor subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating—\nthe name of the nominee; or\nthe names of 2 nominees, 1 of whom is to act in the absence of the other.\nThe notice of nomination must—\nbe given—\nunder the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\nby a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\nadvise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\nA nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees.\n(sec.101-ssec.1) A voter for a general meeting of the body corporate is an individual— whose name is entered on the body corporate’s roll as— the owner of a lot; or the representative of the owner of a lot; or a corporate owner nominee; or a subsidiary scheme representative; or who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\n(sec.101-ssec.2) For subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if— the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or the person— is acting under the authority of a power of attorney given to the person by the owner of the lot; and is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and is not the body corporate manager, a service contractor or a letting agent.\n(sec.101-ssec.3) For subsection (2) (b) , a person may only act as the owner’s representative in relation to more than 1 lot if— the owner of each lot is the same person; or for each lot—the representative is a family member of the owner of the lot; or the power of attorney is given under section 211 or 219 of the Act .\n(sec.101-ssec.4) Also, a person may be treated as the owner’s representative only if the person— gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\n(sec.101-ssec.5) The owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary.\n(sec.101-ssec.6) For subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating— the name of the nominee; or the names of 2 nominees, 1 of whom is to act in the absence of the other.\n(sec.101-ssec.7) The notice of nomination must— be given— under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and advise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\n(sec.101-ssec.8) A nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees.\n- (a) whose name is entered on the body corporate’s roll as— (i) the owner of a lot; or (ii) the representative of the owner of a lot; or (iii) a corporate owner nominee; or (iv) a subsidiary scheme representative; or\n- (i) the owner of a lot; or\n- (ii) the representative of the owner of a lot; or\n- (iii) a corporate owner nominee; or\n- (iv) a subsidiary scheme representative; or\n- (b) who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot.\n- (i) the owner of a lot; or\n- (ii) the representative of the owner of a lot; or\n- (iii) a corporate owner nominee; or\n- (iv) a subsidiary scheme representative; or\n- (a) the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or\n- (b) the person— (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and (iii) is not the body corporate manager, a service contractor or a letting agent.\n- (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and\n- (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\n- (iii) is not the body corporate manager, a service contractor or a letting agent.\n- (i) is acting under the authority of a power of attorney given to the person by the owner of the lot; and\n- (ii) is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and\n- (iii) is not the body corporate manager, a service contractor or a letting agent.\n- (a) the owner of each lot is the same person; or\n- (b) for each lot—the representative is a family member of the owner of the lot; or\n- (c) the power of attorney is given under section 211 or 219 of the Act .\n- (a) gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and\n- (b) advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address.\n- (a) the name of the nominee; or\n- (b) the names of 2 nominees, 1 of whom is to act in the absence of the other.\n- (a) be given— (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\n- (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\n- (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and\n- (b) advise the residential or business address, and address for service, if different from the residential or business address, of each nominee.\n- (i) under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or\n- (ii) by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and","sortOrder":120},{"sectionNumber":"sec.102","sectionType":"section","heading":"Displacement or disentitlement of right to vote","content":"### sec.102 Displacement or disentitlement of right to vote\n\nIf a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of—\nthe registered owner of the lot; or\na person who derives a right to vote from the registered owner.\nA person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting.\n(sec.102-ssec.1) If a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of— the registered owner of the lot; or a person who derives a right to vote from the registered owner.\n(sec.102-ssec.2) A person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting.\n- (a) the registered owner of the lot; or\n- (b) a person who derives a right to vote from the registered owner.","sortOrder":121},{"sectionNumber":"sec.103","sectionType":"section","heading":"Representation of body corporate","content":"### sec.103 Representation of body corporate\n\nThis section applies if the community titles scheme ( scheme B ) is a lot included in another community titles scheme ( scheme A ).\nThe body corporate for scheme B must ensure that at all times there is a person (the subsidiary scheme representative ) appointed by the committee for scheme B’s body corporate to represent the body corporate for scheme B on scheme A’s body corporate.\nThe subsidiary scheme representative must be a member of the committee for scheme B’s body corporate and, if the committee does not appoint the representative, is the chairperson of the body corporate for scheme B.\nThe first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate.\nThe appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A.\nThe subsidiary scheme representative must represent scheme B’s body corporate—\nin the way scheme B’s body corporate directs; and\nsubject to paragraph (a) , in a way that is in the best interests of scheme B.\nThe subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate.\n(sec.103-ssec.1) This section applies if the community titles scheme ( scheme B ) is a lot included in another community titles scheme ( scheme A ).\n(sec.103-ssec.2) The body corporate for scheme B must ensure that at all times there is a person (the subsidiary scheme representative ) appointed by the committee for scheme B’s body corporate to represent the body corporate for scheme B on scheme A’s body corporate.\n(sec.103-ssec.3) The subsidiary scheme representative must be a member of the committee for scheme B’s body corporate and, if the committee does not appoint the representative, is the chairperson of the body corporate for scheme B.\n(sec.103-ssec.4) The first person to be appointed under this section must be appointed as soon as practicable after the body corporate for scheme B becomes a member of scheme A’s body corporate.\n(sec.103-ssec.5) The appointment of the subsidiary scheme representative has no effect until written notice of the appointment is received by the secretary of the body corporate for scheme A.\n(sec.103-ssec.6) The subsidiary scheme representative must represent scheme B’s body corporate— in the way scheme B’s body corporate directs; and subject to paragraph (a) , in a way that is in the best interests of scheme B.\n(sec.103-ssec.7) The subsidiary scheme representative’s address for service is the address for service of scheme B’s body corporate.\n- (a) in the way scheme B’s body corporate directs; and\n- (b) subject to paragraph (a) , in a way that is in the best interests of scheme B.","sortOrder":122},{"sectionNumber":"sec.104","sectionType":"section","heading":"Exercise of vote at general meetings","content":"### sec.104 Exercise of vote at general meetings\n\nA voter for a general meeting may vote on a motion, other than a motion to be decided by secret ballot, in any of the following ways—\npersonally;\nby proxy;\nby casting a hard copy vote under section 105 ;\nby casting an electronic vote under section 106 .\n- (a) personally;\n- (b) by proxy;\n- (c) by casting a hard copy vote under section 105 ;\n- (d) by casting an electronic vote under section 106 .","sortOrder":123},{"sectionNumber":"sec.105","sectionType":"section","heading":"Casting a hard copy vote—open motion","content":"### sec.105 Casting a hard copy vote—open motion\n\nA voter casts a hard copy vote by—\ncompleting the voting paper as required by the accompanying instructions; and\ngiving the voting paper to the secretary in a way mentioned in section 221 (2) before the start of the meeting.\nA hard copy vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s hard copy vote can not be withdrawn by a person voting as the proxy for the owner.\n(sec.105-ssec.1) A voter casts a hard copy vote by— completing the voting paper as required by the accompanying instructions; and giving the voting paper to the secretary in a way mentioned in section 221 (2) before the start of the meeting.\n(sec.105-ssec.2) A hard copy vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s hard copy vote can not be withdrawn by a person voting as the proxy for the owner.\n- (a) completing the voting paper as required by the accompanying instructions; and\n- (b) giving the voting paper to the secretary in a way mentioned in section 221 (2) before the start of the meeting.","sortOrder":124},{"sectionNumber":"sec.106","sectionType":"section","heading":"Casting an electronic vote—open motion","content":"### sec.106 Casting an electronic vote—open motion\n\nThis section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion.\nThe body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that—\nrejects a vote cast by a person who—\nis not eligible to vote on the motion; or\nhas already cast a vote on the motion; and\ndoes not allow a person other than the secretary to receive the electronic votes.\nThe system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting.\nThe system may allow voters to cast a vote using a computer, smartphone or tablet computer.\nAlso, to cast an electronic vote a person must comply with—\nthe instructions given by the secretary under section 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the vote—\nbefore the general meeting; or\nif the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and\nany requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\nAn electronic vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s electronic vote can not be withdrawn by a person voting as the proxy for the owner.\ns 106 amd 2021 SL No. 13 s 9\n(sec.106-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion.\n(sec.106-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— rejects a vote cast by a person who— is not eligible to vote on the motion; or has already cast a vote on the motion; and does not allow a person other than the secretary to receive the electronic votes.\n(sec.106-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer.\n(sec.106-ssec.4) Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the vote— before the general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n(sec.106-ssec.5) An electronic vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s electronic vote can not be withdrawn by a person voting as the proxy for the owner.\n- (a) rejects a vote cast by a person who— (i) is not eligible to vote on the motion; or (ii) has already cast a vote on the motion; and\n- (i) is not eligible to vote on the motion; or\n- (ii) has already cast a vote on the motion; and\n- (b) does not allow a person other than the secretary to receive the electronic votes.\n- (i) is not eligible to vote on the motion; or\n- (ii) has already cast a vote on the motion; and\n- (a) the instructions given by the secretary under section 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the vote— (i) before the general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and\n- (i) before the general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and\n- (b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (i) before the general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and","sortOrder":125},{"sectionNumber":"sec.107","sectionType":"section","heading":"Voting at general meeting","content":"### sec.107 Voting at general meeting\n\nVoting at a general meeting must be done in the way provided in this section unless the body corporate decides by special resolution that voting is to be done in another way.\nVoting by persons present at a general meeting must be by show of hands, if applicable, by electronic means, or by giving a completed hard copy or electronic vote to the secretary or, if the secretary is not present, the person chairing the meeting either—\nbefore the start of the meeting; or\nat the meeting before the votes are counted.\nHowever, subsection (2) does not apply if—\na ballot is required by the Act , this regulation or the by-laws; or\nthe person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.\nIf 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot.\nNo vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot.\nA general meeting may pass a resolution on a motion only if the motion is—\na motion—\nincluded as an item of business on the general meeting’s agenda; and\nstated in a voting paper accompanying the notice of the meeting; or\n1 or more of the following—\na procedural motion for the conduct of the meeting;\na motion to amend a motion;\na motion to correct minutes.\n(sec.107-ssec.1) Voting at a general meeting must be done in the way provided in this section unless the body corporate decides by special resolution that voting is to be done in another way.\n(sec.107-ssec.2) Voting by persons present at a general meeting must be by show of hands, if applicable, by electronic means, or by giving a completed hard copy or electronic vote to the secretary or, if the secretary is not present, the person chairing the meeting either— before the start of the meeting; or at the meeting before the votes are counted.\n(sec.107-ssec.3) However, subsection (2) does not apply if— a ballot is required by the Act , this regulation or the by-laws; or the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.\n(sec.107-ssec.4) If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot.\n(sec.107-ssec.5) No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot.\n(sec.107-ssec.6) A general meeting may pass a resolution on a motion only if the motion is— a motion— included as an item of business on the general meeting’s agenda; and stated in a voting paper accompanying the notice of the meeting; or 1 or more of the following— a procedural motion for the conduct of the meeting; a motion to amend a motion; a motion to correct minutes.\n- (a) before the start of the meeting; or\n- (b) at the meeting before the votes are counted.\n- (a) a ballot is required by the Act , this regulation or the by-laws; or\n- (b) the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.\n- (a) a motion— (i) included as an item of business on the general meeting’s agenda; and (ii) stated in a voting paper accompanying the notice of the meeting; or\n- (i) included as an item of business on the general meeting’s agenda; and\n- (ii) stated in a voting paper accompanying the notice of the meeting; or\n- (b) 1 or more of the following— (i) a procedural motion for the conduct of the meeting; (ii) a motion to amend a motion; (iii) a motion to correct minutes.\n- (i) a procedural motion for the conduct of the meeting;\n- (ii) a motion to amend a motion;\n- (iii) a motion to correct minutes.\n- (i) included as an item of business on the general meeting’s agenda; and\n- (ii) stated in a voting paper accompanying the notice of the meeting; or\n- (i) a procedural motion for the conduct of the meeting;\n- (ii) a motion to amend a motion;\n- (iii) a motion to correct minutes.","sortOrder":126},{"sectionNumber":"sec.108","sectionType":"section","heading":"When motion must be decided by secret ballot","content":"### sec.108 When motion must be decided by secret ballot\n\nA motion to be decided at a general meeting of the body corporate must be decided by secret ballot if—\nthe motion is required under the Act or this regulation to be decided by secret ballot; or\nSee, for example—\nsections 135 , 151 and 152\nsections 139 and 140 of the Act .\nthe committee has recommended that the motion be decided by secret ballot; or\nthe body corporate has by ordinary resolution required that the motion be decided by secret ballot.\nHowever, a recommendation of the committee under subsection (1) (b) , or a requirement of the body corporate under subsection (1) (c) , has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots under section 87 .\nFor subsection (1) (c) , a requirement of the body corporate—\nmay apply to any of the following to be decided by the body corporate—\na particular motion;\nmotions about a particular stated subject;\nmotions about improvements to common property\nall motions; and\nfor a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed.\n(sec.108-ssec.1) A motion to be decided at a general meeting of the body corporate must be decided by secret ballot if— the motion is required under the Act or this regulation to be decided by secret ballot; or See, for example— sections 135 , 151 and 152 sections 139 and 140 of the Act . the committee has recommended that the motion be decided by secret ballot; or the body corporate has by ordinary resolution required that the motion be decided by secret ballot.\n(sec.108-ssec.2) However, a recommendation of the committee under subsection (1) (b) , or a requirement of the body corporate under subsection (1) (c) , has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots under section 87 .\n(sec.108-ssec.3) For subsection (1) (c) , a requirement of the body corporate— may apply to any of the following to be decided by the body corporate— a particular motion; motions about a particular stated subject; motions about improvements to common property all motions; and for a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed.\n- (a) the motion is required under the Act or this regulation to be decided by secret ballot; or Note— See, for example— 1 sections 135 , 151 and 152 2 sections 139 and 140 of the Act .\n- 1 sections 135 , 151 and 152\n- 2 sections 139 and 140 of the Act .\n- (b) the committee has recommended that the motion be decided by secret ballot; or\n- (c) the body corporate has by ordinary resolution required that the motion be decided by secret ballot.\n- 1 sections 135 , 151 and 152\n- 2 sections 139 and 140 of the Act .\n- (a) may apply to any of the following to be decided by the body corporate— (i) a particular motion; (ii) motions about a particular stated subject; Example— motions about improvements to common property (iii) all motions; and\n- (i) a particular motion;\n- (ii) motions about a particular stated subject; Example— motions about improvements to common property\n- (iii) all motions; and\n- (b) for a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed.\n- (i) a particular motion;\n- (ii) motions about a particular stated subject; Example— motions about improvements to common property\n- (iii) all motions; and","sortOrder":127},{"sectionNumber":"sec.109","sectionType":"section","heading":"How secret ballot must be conducted","content":"### sec.109 How secret ballot must be conducted\n\nA voter for a general meeting may vote on a motion decided by secret ballot—\nby casting a hard copy vote under section 110 ; or\nby casting an electronic vote under section 111 .\nWhen a secret ballot is held a voter who has not cast a vote may—\nask the secretary for a ballot paper, and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote under section 110 ; or\ncast an electronic vote under section 111 .\nAlso, a voter may withdraw a vote already cast for the ballot and submit a replacement hard copy vote or electronic vote if the vote already cast can be readily identified and withdrawn.\nAll completed hard copy and electronic votes received before the votes are counted at the general meeting must be given to the returning officer and held in the returning officer’s custody until the votes have been counted.\nThe returning officer must, for each hard copy vote received for the ballot, do each of the following—\nconfirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the voting paper is the vote of a person who has the right to vote on the motion;\ntake the secret voting paper envelope out of the particulars envelope, or detach the particulars tab from the secret voting paper envelope;\nfor a vote on a motion required to be decided by special resolution—record, on the secret voting paper envelope, the contribution schedule lot entitlement of the lot for which the vote is cast;\nplace the secret voting paper envelope in a receptacle in open view of the meeting;\nafter paragraph (d) has been complied with for all secret voting paper envelopes, randomly mix the envelopes;\ntake each secret voting paper out of its envelope;\nfor a vote on a motion required to be decided by special resolution—record, on the voting paper, the contribution schedule lot entitlement of the lot for which the vote is cast;\ninspect and count the votes.\nThe returning officer must, for each electronic vote received for the ballot—\nensure the vote can be viewed by a person present at the meeting; and\ninspect and count the votes.\nAfter counting the votes, the returning officer must provide each of the following to the person chairing the meeting—\nthe hard copy voting papers, secret voting paper envelopes and particulars envelopes or particulars tabs;\nthe number of electronic votes cast for and against the motion, and the number of abstentions from voting on the motion recorded electronically;\nthe total number of votes cast for and against the motion;\nthe total number of abstentions from voting on the motion;\nthe number of votes rejected from the count;\nfor each vote rejected—the reason for the rejection.\n(sec.109-ssec.1) A voter for a general meeting may vote on a motion decided by secret ballot— by casting a hard copy vote under section 110 ; or by casting an electronic vote under section 111 .\n(sec.109-ssec.2) When a secret ballot is held a voter who has not cast a vote may— ask the secretary for a ballot paper, and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote under section 110 ; or cast an electronic vote under section 111 .\n(sec.109-ssec.3) Also, a voter may withdraw a vote already cast for the ballot and submit a replacement hard copy vote or electronic vote if the vote already cast can be readily identified and withdrawn.\n(sec.109-ssec.4) All completed hard copy and electronic votes received before the votes are counted at the general meeting must be given to the returning officer and held in the returning officer’s custody until the votes have been counted.\n(sec.109-ssec.5) The returning officer must, for each hard copy vote received for the ballot, do each of the following— confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the voting paper is the vote of a person who has the right to vote on the motion; take the secret voting paper envelope out of the particulars envelope, or detach the particulars tab from the secret voting paper envelope; for a vote on a motion required to be decided by special resolution—record, on the secret voting paper envelope, the contribution schedule lot entitlement of the lot for which the vote is cast; place the secret voting paper envelope in a receptacle in open view of the meeting; after paragraph (d) has been complied with for all secret voting paper envelopes, randomly mix the envelopes; take each secret voting paper out of its envelope; for a vote on a motion required to be decided by special resolution—record, on the voting paper, the contribution schedule lot entitlement of the lot for which the vote is cast; inspect and count the votes.\n(sec.109-ssec.6) The returning officer must, for each electronic vote received for the ballot— ensure the vote can be viewed by a person present at the meeting; and inspect and count the votes.\n(sec.109-ssec.7) After counting the votes, the returning officer must provide each of the following to the person chairing the meeting— the hard copy voting papers, secret voting paper envelopes and particulars envelopes or particulars tabs; the number of electronic votes cast for and against the motion, and the number of abstentions from voting on the motion recorded electronically; the total number of votes cast for and against the motion; the total number of abstentions from voting on the motion; the number of votes rejected from the count; for each vote rejected—the reason for the rejection.\n- (a) by casting a hard copy vote under section 110 ; or\n- (b) by casting an electronic vote under section 111 .\n- (a) ask the secretary for a ballot paper, and ballot paper envelope and particulars envelope or tab, and cast a hard copy vote under section 110 ; or\n- (b) cast an electronic vote under section 111 .\n- (a) confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the voting paper is the vote of a person who has the right to vote on the motion;\n- (b) take the secret voting paper envelope out of the particulars envelope, or detach the particulars tab from the secret voting paper envelope;\n- (c) for a vote on a motion required to be decided by special resolution—record, on the secret voting paper envelope, the contribution schedule lot entitlement of the lot for which the vote is cast;\n- (d) place the secret voting paper envelope in a receptacle in open view of the meeting;\n- (e) after paragraph (d) has been complied with for all secret voting paper envelopes, randomly mix the envelopes;\n- (f) take each secret voting paper out of its envelope;\n- (g) for a vote on a motion required to be decided by special resolution—record, on the voting paper, the contribution schedule lot entitlement of the lot for which the vote is cast;\n- (h) inspect and count the votes.\n- (a) ensure the vote can be viewed by a person present at the meeting; and\n- (b) inspect and count the votes.\n- (a) the hard copy voting papers, secret voting paper envelopes and particulars envelopes or particulars tabs;\n- (b) the number of electronic votes cast for and against the motion, and the number of abstentions from voting on the motion recorded electronically;\n- (c) the total number of votes cast for and against the motion;\n- (d) the total number of abstentions from voting on the motion;\n- (e) the number of votes rejected from the count;\n- (f) for each vote rejected—the reason for the rejection.","sortOrder":128},{"sectionNumber":"sec.110","sectionType":"section","heading":"Conduct of secret ballot—hard copy voting","content":"### sec.110 Conduct of secret ballot—hard copy voting\n\nTo cast a hard copy vote on a motion to be decided by secret ballot, a person must—\nplace a mark on the voting paper indicating the person’s vote; and\nplace the voting paper in the secret voting paper envelope supplied by the secretary and seal it; and\nif a separate particulars envelope is supplied—place the sealed secret voting paper envelope in the separate particulars envelope and seal it; and\ncomplete the separate particulars envelope or particulars tab by signing and dating, and stating the following information on, the envelope or tab—\nthe number of the lot for which the vote is exercised;\nthe name of the owner of the lot;\nthe name of the person having the right to vote;\nthe basis for the person’s right to vote; and\ngive the completed particulars envelope with the secret voting paper envelope enclosed, or the secret voting paper envelope with the completed particulars tab attached, to the returning officer, or forward the envelope to the returning officer so that the returning officer receives it before the votes are counted at the general meeting.\n- (a) place a mark on the voting paper indicating the person’s vote; and\n- (b) place the voting paper in the secret voting paper envelope supplied by the secretary and seal it; and\n- (c) if a separate particulars envelope is supplied—place the sealed secret voting paper envelope in the separate particulars envelope and seal it; and\n- (d) complete the separate particulars envelope or particulars tab by signing and dating, and stating the following information on, the envelope or tab— (i) the number of the lot for which the vote is exercised; (ii) the name of the owner of the lot; (iii) the name of the person having the right to vote; (iv) the basis for the person’s right to vote; and\n- (i) the number of the lot for which the vote is exercised;\n- (ii) the name of the owner of the lot;\n- (iii) the name of the person having the right to vote;\n- (iv) the basis for the person’s right to vote; and\n- (e) give the completed particulars envelope with the secret voting paper envelope enclosed, or the secret voting paper envelope with the completed particulars tab attached, to the returning officer, or forward the envelope to the returning officer so that the returning officer receives it before the votes are counted at the general meeting.\n- (i) the number of the lot for which the vote is exercised;\n- (ii) the name of the owner of the lot;\n- (iii) the name of the person having the right to vote;\n- (iv) the basis for the person’s right to vote; and","sortOrder":129},{"sectionNumber":"sec.111","sectionType":"section","heading":"Conduct of secret ballot—electronic voting","content":"### sec.111 Conduct of secret ballot—electronic voting\n\nThis section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion to be decided by secret ballot.\nThe body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that—\ndoes not disclose a voter’s identity; and\nrejects a vote cast by a person who—\nis not eligible to vote on the motion; or\nhas already cast a vote on the motion; and\ndoes not allow a person other than the returning officer to receive the electronic votes.\nThe system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting.\nThe system may allow voters to cast a vote using a computer, smartphone or tablet computer.\nAlso, to cast an electronic vote a person must comply with—\nthe instructions given by the secretary under section 88 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote—\nbefore the general meeting; or\nif the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and\nany requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\ns 111 amd 2021 SL No. 13 s 10\n(sec.111-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion to be decided by secret ballot.\n(sec.111-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote on the motion; or has already cast a vote on the motion; and does not allow a person other than the returning officer to receive the electronic votes.\n(sec.111-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer.\n(sec.111-ssec.4) Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 88 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote— before the general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (a) does not disclose a voter’s identity; and\n- (b) rejects a vote cast by a person who— (i) is not eligible to vote on the motion; or (ii) has already cast a vote on the motion; and\n- (i) is not eligible to vote on the motion; or\n- (ii) has already cast a vote on the motion; and\n- (c) does not allow a person other than the returning officer to receive the electronic votes.\n- (i) is not eligible to vote on the motion; or\n- (ii) has already cast a vote on the motion; and\n- (a) the instructions given by the secretary under section 88 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote— (i) before the general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and\n- (i) before the general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and\n- (b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\n- (i) before the general meeting; or\n- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and","sortOrder":130},{"sectionNumber":"sec.112","sectionType":"section","heading":"Appointment and functions of returning officer","content":"### sec.112 Appointment and functions of returning officer\n\nThe body corporate must appoint a returning officer for each general meeting at which a motion is to be decided by secret ballot.\nAlso, the body corporate may appoint a returning officer for any other general meeting.\nThe returning officer has all or any of the following functions as decided by the body corporate and stated in the returning officer’s instrument of appointment—\ndeciding questions about eligibility to vote and voting entitlements;\nreceiving hard copy and electronic votes for secret ballots;\ncounting votes, or inspecting the counting of votes;\ndeciding whether a vote is valid.\nThe following persons are not eligible for appointment as a returning officer for a body corporate—\nthe owner of a lot included in the community titles scheme;\na person engaged as a body corporate manager or service contractor, or authorised as a letting agent;\nan associate of a person mentioned in paragraph (b) .\n(sec.112-ssec.1) The body corporate must appoint a returning officer for each general meeting at which a motion is to be decided by secret ballot.\n(sec.112-ssec.2) Also, the body corporate may appoint a returning officer for any other general meeting.\n(sec.112-ssec.3) The returning officer has all or any of the following functions as decided by the body corporate and stated in the returning officer’s instrument of appointment— deciding questions about eligibility to vote and voting entitlements; receiving hard copy and electronic votes for secret ballots; counting votes, or inspecting the counting of votes; deciding whether a vote is valid.\n(sec.112-ssec.4) The following persons are not eligible for appointment as a returning officer for a body corporate— the owner of a lot included in the community titles scheme; a person engaged as a body corporate manager or service contractor, or authorised as a letting agent; an associate of a person mentioned in paragraph (b) .\n- (a) deciding questions about eligibility to vote and voting entitlements;\n- (b) receiving hard copy and electronic votes for secret ballots;\n- (c) counting votes, or inspecting the counting of votes;\n- (d) deciding whether a vote is valid.\n- (a) the owner of a lot included in the community titles scheme;\n- (b) a person engaged as a body corporate manager or service contractor, or authorised as a letting agent;\n- (c) an associate of a person mentioned in paragraph (b) .","sortOrder":131},{"sectionNumber":"sec.113","sectionType":"section","heading":"Secretary to have available for inspection body corporate’s roll etc.","content":"### sec.113 Secretary to have available for inspection body corporate’s roll etc.\n\nThe secretary must have available for inspection by voters at the general meeting—\nthe body corporate’s roll; and\na list of the persons who have the right to vote at the meeting; and\nall proxy forms; and\nall hard copy and electronic votes.\n(sec.113-ssec) The secretary must have available for inspection by voters at the general meeting— the body corporate’s roll; and a list of the persons who have the right to vote at the meeting; and all proxy forms; and all hard copy and electronic votes.\n- (a) the body corporate’s roll; and\n- (b) a list of the persons who have the right to vote at the meeting; and\n- (c) all proxy forms; and\n- (d) all hard copy and electronic votes.","sortOrder":132},{"sectionNumber":"sec.114","sectionType":"section","heading":"Declaration of voting results on motions","content":"### sec.114 Declaration of voting results on motions\n\nThe person chairing a general meeting must declare the result of voting on motions at the meeting.\nWhen declaring the result of voting, the person chairing the meeting must state—\nthe number of votes cast for the motion; and\nthe number of votes cast against the motion; and\nthe number of abstentions from voting on the motion.\nThe numbers mentioned in subsection (2) must be recorded in the minutes of the general meeting.\nA voting tally sheet must be kept that includes—\nfor each open motion decided at the meeting, each of the following—\na list of the votes, identified by lot number, rejected from the count;\nfor each vote rejected—the reason for the rejection;\nfor each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion;\nthe number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and\nfor each motion decided by secret ballot at the meeting, each of the following—\na list of the votes rejected from the count;\nfor each vote rejected—the reason for the rejection;\nthe number of votes cast for and against the motion, and the number of abstentions from voting on the motion.\nThe voting tally sheet may be inspected at the meeting by any of the following persons—\na voter, or a person holding a proxy from a voter;\nthe returning officer, if any, appointed by the body corporate for the meeting;\nthe person chairing the meeting.\n(sec.114-ssec.1) The person chairing a general meeting must declare the result of voting on motions at the meeting.\n(sec.114-ssec.2) When declaring the result of voting, the person chairing the meeting must state— the number of votes cast for the motion; and the number of votes cast against the motion; and the number of abstentions from voting on the motion.\n(sec.114-ssec.3) The numbers mentioned in subsection (2) must be recorded in the minutes of the general meeting.\n(sec.114-ssec.4) A voting tally sheet must be kept that includes— for each open motion decided at the meeting, each of the following— a list of the votes, identified by lot number, rejected from the count; for each vote rejected—the reason for the rejection; for each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion; the number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and for each motion decided by secret ballot at the meeting, each of the following— a list of the votes rejected from the count; for each vote rejected—the reason for the rejection; the number of votes cast for and against the motion, and the number of abstentions from voting on the motion.\n(sec.114-ssec.5) The voting tally sheet may be inspected at the meeting by any of the following persons— a voter, or a person holding a proxy from a voter; the returning officer, if any, appointed by the body corporate for the meeting; the person chairing the meeting.\n- (a) the number of votes cast for the motion; and\n- (b) the number of votes cast against the motion; and\n- (c) the number of abstentions from voting on the motion.\n- (a) for each open motion decided at the meeting, each of the following— (i) a list of the votes, identified by lot number, rejected from the count; (ii) for each vote rejected—the reason for the rejection; (iii) for each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion; (iv) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and\n- (i) a list of the votes, identified by lot number, rejected from the count;\n- (ii) for each vote rejected—the reason for the rejection;\n- (iii) for each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion;\n- (iv) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and\n- (b) for each motion decided by secret ballot at the meeting, each of the following— (i) a list of the votes rejected from the count; (ii) for each vote rejected—the reason for the rejection; (iii) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion.\n- (i) a list of the votes rejected from the count;\n- (ii) for each vote rejected—the reason for the rejection;\n- (iii) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion.\n- (i) a list of the votes, identified by lot number, rejected from the count;\n- (ii) for each vote rejected—the reason for the rejection;\n- (iii) for each lot for which a vote was cast, or for which there was an abstention from voting—the lot number and whether there was a vote for the motion, a vote against the motion, or an abstention from voting on the motion;\n- (iv) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion; and\n- (i) a list of the votes rejected from the count;\n- (ii) for each vote rejected—the reason for the rejection;\n- (iii) the number of votes cast for and against the motion, and the number of abstentions from voting on the motion.\n- (a) a voter, or a person holding a proxy from a voter;\n- (b) the returning officer, if any, appointed by the body corporate for the meeting;\n- (c) the person chairing the meeting.","sortOrder":133},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Other procedural matters for general meetings","content":"# Other procedural matters for general meetings","sortOrder":134},{"sectionNumber":"sec.115","sectionType":"section","heading":"Amendment of motions at general meetings","content":"### sec.115 Amendment of motions at general meetings\n\nA motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting.\nHowever, an amendment can not be made that changes the subject matter of the motion.\nIn counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—\nif the person has not cast a hard copy or electronic vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or\nif the person has cast a hard copy or electronic vote on the motion in its original form—must be counted as voting against the motion.\n(sec.115-ssec.1) A motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting.\n(sec.115-ssec.2) However, an amendment can not be made that changes the subject matter of the motion.\n(sec.115-ssec.3) In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote— if the person has not cast a hard copy or electronic vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or if the person has cast a hard copy or electronic vote on the motion in its original form—must be counted as voting against the motion.\n- (a) if the person has not cast a hard copy or electronic vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or\n- (b) if the person has cast a hard copy or electronic vote on the motion in its original form—must be counted as voting against the motion.","sortOrder":135},{"sectionNumber":"sec.116","sectionType":"section","heading":"Amendment or revocation of resolutions passed at general meeting","content":"### sec.116 Amendment or revocation of resolutions passed at general meeting\n\nThis section applies if a resolution of 1 of the following types is required to decide a matter—\na resolution without dissent;\na special resolution;\na majority resolution;\nan ordinary resolution.\nOnce it has been passed, the resolution may be amended or revoked only by a resolution of the same type.\n(sec.116-ssec.1) This section applies if a resolution of 1 of the following types is required to decide a matter— a resolution without dissent; a special resolution; a majority resolution; an ordinary resolution.\n(sec.116-ssec.2) Once it has been passed, the resolution may be amended or revoked only by a resolution of the same type.\n- (a) a resolution without dissent;\n- (b) a special resolution;\n- (c) a majority resolution;\n- (d) an ordinary resolution.","sortOrder":136},{"sectionNumber":"sec.117","sectionType":"section","heading":"Minutes of general meetings","content":"### sec.117 Minutes of general meetings\n\nThe body corporate must ensure full and accurate minutes are taken of each general meeting.\nA copy of the minutes must be given to each owner of a lot within 21 days after the meeting.\nIn this section—\nfull and accurate minutes means minutes that include all of the following information—\nthe date, time and place of the meeting;\nthe names of persons present and details of the capacity in which they attended the meeting;\ndetails of proxies tabled;\nthe words of each motion voted on;\nfor each motion voted on—\nthe number of votes for and against the motion; and\nthe number of abstentions from voting on the motion;\nif a committee member is elected at the meeting—the number of votes cast for each candidate;\nif the person chairing the meeting ruled a motion out of order—the reasons for the ruling;\nthe time the meeting closed;\nthe secretary’s name and contact address;\nanything else required under this regulation to be included in the minutes.\n(sec.117-ssec.1) The body corporate must ensure full and accurate minutes are taken of each general meeting.\n(sec.117-ssec.2) A copy of the minutes must be given to each owner of a lot within 21 days after the meeting.\n(sec.117-ssec.3) In this section— full and accurate minutes means minutes that include all of the following information— the date, time and place of the meeting; the names of persons present and details of the capacity in which they attended the meeting; details of proxies tabled; the words of each motion voted on; for each motion voted on— the number of votes for and against the motion; and the number of abstentions from voting on the motion; if a committee member is elected at the meeting—the number of votes cast for each candidate; if the person chairing the meeting ruled a motion out of order—the reasons for the ruling; the time the meeting closed; the secretary’s name and contact address; anything else required under this regulation to be included in the minutes.\n- (a) the date, time and place of the meeting;\n- (b) the names of persons present and details of the capacity in which they attended the meeting;\n- (c) details of proxies tabled;\n- (d) the words of each motion voted on;\n- (e) for each motion voted on— (i) the number of votes for and against the motion; and (ii) the number of abstentions from voting on the motion;\n- (i) the number of votes for and against the motion; and\n- (ii) the number of abstentions from voting on the motion;\n- (f) if a committee member is elected at the meeting—the number of votes cast for each candidate;\n- (g) if the person chairing the meeting ruled a motion out of order—the reasons for the ruling;\n- (h) the time the meeting closed;\n- (i) the secretary’s name and contact address;\n- (j) anything else required under this regulation to be included in the minutes.\n- (i) the number of votes for and against the motion; and\n- (ii) the number of abstentions from voting on the motion;","sortOrder":137},{"sectionNumber":"sec.118","sectionType":"section","heading":"Performance of secretary’s functions for general meeting if meeting not called by secretary","content":"### sec.118 Performance of secretary’s functions for general meeting if meeting not called by secretary\n\nThis section applies if a general meeting is called, under section 41 , 48 , 82 , 84 or 85 , by a person other than the secretary.\nThe person who calls the meeting must perform all the functions of the secretary for the meeting.\nThe secretary must provide to the person the records or other documents of the body corporate reasonably required to enable the person to perform the functions.\n(sec.118-ssec.1) This section applies if a general meeting is called, under section 41 , 48 , 82 , 84 or 85 , by a person other than the secretary.\n(sec.118-ssec.2) The person who calls the meeting must perform all the functions of the secretary for the meeting.\n(sec.118-ssec.3) The secretary must provide to the person the records or other documents of the body corporate reasonably required to enable the person to perform the functions.","sortOrder":138},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":139},{"sectionNumber":"sec.119","sectionType":"section","heading":"Purpose of chapter","content":"### sec.119 Purpose of chapter\n\nThe purpose of this chapter is to prescribe matters about the appointment and use of proxies for meetings of the committee for the body corporate for a community titles scheme, and for meetings of the body corporate.","sortOrder":140},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Proxies for committee members— Act , section 102","content":"# Proxies for committee members— Act , section 102","sortOrder":141},{"sectionNumber":"sec.120","sectionType":"section","heading":"Purpose of part","content":"### sec.120 Purpose of part\n\nThe purpose of this part is to prescribe matters about the appointment and use of a proxy to represent a member of the committee at a meeting of the committee.","sortOrder":142},{"sectionNumber":"sec.121","sectionType":"section","heading":"Appointment","content":"### sec.121 Appointment\n\nA voting member of the committee may appoint a proxy to act for the member at a meeting of the committee.\nHowever, the body corporate may by special resolution prohibit the use of proxies—\nfor particular things described in the special resolution; or\naltogether.\nAn appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\nThe appointment of a proxy is effective only if the member or the holder of the proxy gives, in a way mentioned in section 221 (2) , a properly completed proxy form to the secretary before—\nthe start of the committee meeting at which the proxy is to be exercised; or\nif the body corporate or the committee has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\nA proxy under this part—\nhas effect for not more than 1 meeting of the committee; and\nceases to have effect immediately after the meeting.\n(sec.121-ssec.1) A voting member of the committee may appoint a proxy to act for the member at a meeting of the committee.\n(sec.121-ssec.2) However, the body corporate may by special resolution prohibit the use of proxies— for particular things described in the special resolution; or altogether.\n(sec.121-ssec.3) An appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\n(sec.121-ssec.4) The appointment of a proxy is effective only if the member or the holder of the proxy gives, in a way mentioned in section 221 (2) , a properly completed proxy form to the secretary before— the start of the committee meeting at which the proxy is to be exercised; or if the body corporate or the committee has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n(sec.121-ssec.5) A proxy under this part— has effect for not more than 1 meeting of the committee; and ceases to have effect immediately after the meeting.\n- (a) for particular things described in the special resolution; or\n- (b) altogether.\n- (a) the start of the committee meeting at which the proxy is to be exercised; or\n- (b) if the body corporate or the committee has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n- (a) has effect for not more than 1 meeting of the committee; and\n- (b) ceases to have effect immediately after the meeting.","sortOrder":143},{"sectionNumber":"sec.122","sectionType":"section","heading":"Restrictions on appointment","content":"### sec.122 Restrictions on appointment\n\nA person appointed a proxy must be another voting member of the committee.\nHowever—\nthe secretary or the treasurer may appoint a proxy only with the committee’s approval; and\na person may be appointed the proxy for not more than 1 voting member of the committee for a meeting.\n(sec.122-ssec.1) A person appointed a proxy must be another voting member of the committee.\n(sec.122-ssec.2) However— the secretary or the treasurer may appoint a proxy only with the committee’s approval; and a person may be appointed the proxy for not more than 1 voting member of the committee for a meeting.\n- (a) the secretary or the treasurer may appoint a proxy only with the committee’s approval; and\n- (b) a person may be appointed the proxy for not more than 1 voting member of the committee for a meeting.","sortOrder":144},{"sectionNumber":"sec.123","sectionType":"section","heading":"Form of proxy","content":"### sec.123 Form of proxy\n\nA proxy under this part—\nmust be in the approved form; and\nmust be in the English language; and\nmust be in a document separate from a contract; and\ncan not be irrevocable; and\ncan not be transferred by the holder of the proxy to a third person; and\nmust appoint a named individual.\n- (a) must be in the approved form; and\n- (b) must be in the English language; and\n- (c) must be in a document separate from a contract; and\n- (d) can not be irrevocable; and\n- (e) can not be transferred by the holder of the proxy to a third person; and\n- (f) must appoint a named individual.","sortOrder":145},{"sectionNumber":"sec.124","sectionType":"section","heading":"Use of proxy","content":"### sec.124 Use of proxy\n\nA voting member of the committee ( member A ) who is the proxy for another voting member ( member B ) may, in the absence of member B, vote both in member A’s own right and also as proxy for member B.\nA proxy must not be exercised at a meeting of the committee—\nif the voting member who gave the proxy is present personally at the meeting or attends the meeting by any electronic means authorised by a resolution of the committee; or\nif the community titles scheme is the principal scheme in a layered arrangement of community titles schemes.\n(sec.124-ssec.1) A voting member of the committee ( member A ) who is the proxy for another voting member ( member B ) may, in the absence of member B, vote both in member A’s own right and also as proxy for member B.\n(sec.124-ssec.2) A proxy must not be exercised at a meeting of the committee— if the voting member who gave the proxy is present personally at the meeting or attends the meeting by any electronic means authorised by a resolution of the committee; or if the community titles scheme is the principal scheme in a layered arrangement of community titles schemes.\n- (a) if the voting member who gave the proxy is present personally at the meeting or attends the meeting by any electronic means authorised by a resolution of the committee; or\n- (b) if the community titles scheme is the principal scheme in a layered arrangement of community titles schemes.","sortOrder":146},{"sectionNumber":"sec.125","sectionType":"section","heading":"Special provisions about proxy use","content":"### sec.125 Special provisions about proxy use\n\nUnder section 318 of the Act , a voting member—\ncan not be prevented by contract from exercising a vote at a committee meeting; and\ncan not be required by contract to make someone else the member’s proxy for voting at a committee meeting.\nA voting member can not be represented by proxy at more than 2 meetings of the committee in the year for which the committee is appointed.\n(sec.125-ssec.1) Under section 318 of the Act , a voting member— can not be prevented by contract from exercising a vote at a committee meeting; and can not be required by contract to make someone else the member’s proxy for voting at a committee meeting.\n(sec.125-ssec.2) A voting member can not be represented by proxy at more than 2 meetings of the committee in the year for which the committee is appointed.\n- (a) can not be prevented by contract from exercising a vote at a committee meeting; and\n- (b) can not be required by contract to make someone else the member’s proxy for voting at a committee meeting.","sortOrder":147},{"sectionNumber":"sec.126","sectionType":"section","heading":"Offence","content":"### sec.126 Offence\n\nA person must not exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.\nMaximum penalty—100 penalty units.","sortOrder":148},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Proxies for body corporate meetings— Act , section 103","content":"# Proxies for body corporate meetings— Act , section 103","sortOrder":149},{"sectionNumber":"sec.127","sectionType":"section","heading":"Purpose of part","content":"### sec.127 Purpose of part\n\nThe purpose of this part is to prescribe matters about the appointment and use of a proxy to represent a member of the body corporate at a general meeting of the body corporate.","sortOrder":150},{"sectionNumber":"sec.128","sectionType":"section","heading":"Appointment","content":"### sec.128 Appointment\n\nA voter for the general meeting may appoint a proxy to act for the person at the general meeting.\nHowever, the body corporate may by special resolution prohibit the use of proxies—\nfor particular things described in the special resolution; or\naltogether.\nAn appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\nA person must not hold—\nif there are 20 or more lots included in the community titles scheme—proxies greater in number than 5% of the lots; or\nif there are fewer than 20 lots included in the scheme—more than 1 proxy.\nThe appointment of a proxy is effective only if the voter or the holder of the proxy gives, in a way mentioned in section 221 (2) , a properly completed proxy form to the secretary before—\nthe start of the meeting at which the proxy is to be exercised; or\nif the body corporate has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n(sec.128-ssec.1) A voter for the general meeting may appoint a proxy to act for the person at the general meeting.\n(sec.128-ssec.2) However, the body corporate may by special resolution prohibit the use of proxies— for particular things described in the special resolution; or altogether.\n(sec.128-ssec.3) An appointment under subsection (1) has effect subject to the operation of a special resolution under subsection (2) .\n(sec.128-ssec.4) A person must not hold— if there are 20 or more lots included in the community titles scheme—proxies greater in number than 5% of the lots; or if there are fewer than 20 lots included in the scheme—more than 1 proxy.\n(sec.128-ssec.5) The appointment of a proxy is effective only if the voter or the holder of the proxy gives, in a way mentioned in section 221 (2) , a properly completed proxy form to the secretary before— the start of the meeting at which the proxy is to be exercised; or if the body corporate has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.\n- (a) for particular things described in the special resolution; or\n- (b) altogether.\n- (a) if there are 20 or more lots included in the community titles scheme—proxies greater in number than 5% of the lots; or\n- (b) if there are fewer than 20 lots included in the scheme—more than 1 proxy.\n- (a) the start of the meeting at which the proxy is to be exercised; or\n- (b) if the body corporate has fixed an earlier time by which proxies must be given, that can not, however, be earlier than 24 hours before the time fixed for the meeting—the earlier time.","sortOrder":151},{"sectionNumber":"sec.129","sectionType":"section","heading":"Form of proxy","content":"### sec.129 Form of proxy\n\nA proxy under this part—\nmust be in the approved form; and\nmust be in the English language; and\ncan not be irrevocable; and\ncan not be transferred by the holder of the proxy to a third person; and\nlapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\nmay be given by any person who has the right to vote at a general meeting; and\nsubject to the limitations contained in this part, may be given to any individual; and\nmust appoint a named individual.\nA proxy, other than a proxy that, under this part, may be exercised by the original owner, must be in a document separate from a contract.\n(sec.129-ssec.1) A proxy under this part— must be in the approved form; and must be in the English language; and can not be irrevocable; and can not be transferred by the holder of the proxy to a third person; and lapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and may be given by any person who has the right to vote at a general meeting; and subject to the limitations contained in this part, may be given to any individual; and must appoint a named individual.\n(sec.129-ssec.2) A proxy, other than a proxy that, under this part, may be exercised by the original owner, must be in a document separate from a contract.\n- (a) must be in the approved form; and\n- (b) must be in the English language; and\n- (c) can not be irrevocable; and\n- (d) can not be transferred by the holder of the proxy to a third person; and\n- (e) lapses at the end of the body corporate’s financial year or at the end of a shorter period stated in the proxy; and\n- (f) may be given by any person who has the right to vote at a general meeting; and\n- (g) subject to the limitations contained in this part, may be given to any individual; and\n- (h) must appoint a named individual.","sortOrder":152},{"sectionNumber":"sec.130","sectionType":"section","heading":"Use of proxy","content":"### sec.130 Use of proxy\n\nA body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B.\nIf at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.\nA vote by proxy must not be exercised at a general meeting—\nif the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or\non a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or\nfor electing or appointing a member of the committee; or\nfor voting for a special resolution—\nprohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or\nconsenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or\nfor voting for a majority resolution; or\non a motion approving—\nthe engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or\nthe amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or\non a motion decided by secret ballot; or\nif the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or\nif the general meeting is called under section 41 ; or\nin circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.\nA proxy may be exercised by—\nthe proxy holder voting in a show of hands at a general meeting; or\nthe proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.\n(sec.130-ssec.1) A body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B.\n(sec.130-ssec.2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.\n(sec.130-ssec.3) A vote by proxy must not be exercised at a general meeting— if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or for electing or appointing a member of the committee; or for voting for a special resolution— prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or for voting for a majority resolution; or on a motion approving— the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or on a motion decided by secret ballot; or if the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or if the general meeting is called under section 41 ; or in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.\n(sec.130-ssec.4) A proxy may be exercised by— the proxy holder voting in a show of hands at a general meeting; or the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.\n- (a) if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or\n- (b) on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or\n- (c) for electing or appointing a member of the committee; or\n- (d) for voting for a special resolution— (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or\n- (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or\n- (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or\n- (e) for voting for a majority resolution; or\n- (f) on a motion approving— (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or\n- (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or\n- (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or\n- (g) on a motion decided by secret ballot; or\n- (h) if the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or\n- (i) if the general meeting is called under section 41 ; or\n- (j) in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.\n- (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or\n- (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or\n- (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or\n- (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or\n- (a) the proxy holder voting in a show of hands at a general meeting; or\n- (b) the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.","sortOrder":153},{"sectionNumber":"sec.131","sectionType":"section","heading":"Special provisions about proxy use","content":"### sec.131 Special provisions about proxy use\n\nUnder section 318 of the Act , a body corporate member, other than the owner of a lot for which there is a mortgagee in possession, can not be prevented by contract, other than a contract mentioned in subsection (3) , from exercising a vote at a general meeting, and can not be required by contract to make someone else the member’s proxy for voting at a general meeting.\nExcept for a proxy exercised by the original owner under subsection (3) , a proxy can not be exercised for someone else by—\nthe original owner or a body corporate manager; or\nan associate of the original owner or a body corporate manager.\nThe original owner may exercise a proxy for a person in accordance with the proxy if—\na contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and\nthe issues mentioned in paragraph (a) are limited to 1 or more of the following—\nengaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;\nauthorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;\nconsenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.\nSubsection (3) applies despite section 130 (3) (f) .\nProvisions of this part limiting the number of proxies a person may hold from owners of lots do not apply to an original owner exercising a proxy under subsection (3) .\n(sec.131-ssec.1) Under section 318 of the Act , a body corporate member, other than the owner of a lot for which there is a mortgagee in possession, can not be prevented by contract, other than a contract mentioned in subsection (3) , from exercising a vote at a general meeting, and can not be required by contract to make someone else the member’s proxy for voting at a general meeting.\n(sec.131-ssec.2) Except for a proxy exercised by the original owner under subsection (3) , a proxy can not be exercised for someone else by— the original owner or a body corporate manager; or an associate of the original owner or a body corporate manager.\n(sec.131-ssec.3) The original owner may exercise a proxy for a person in accordance with the proxy if— a contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and the issues mentioned in paragraph (a) are limited to 1 or more of the following— engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot; authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot; consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.\n(sec.131-ssec.4) Subsection (3) applies despite section 130 (3) (f) .\n(sec.131-ssec.5) Provisions of this part limiting the number of proxies a person may hold from owners of lots do not apply to an original owner exercising a proxy under subsection (3) .\n- (a) the original owner or a body corporate manager; or\n- (b) an associate of the original owner or a body corporate manager.\n- (a) a contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and\n- (b) the issues mentioned in paragraph (a) are limited to 1 or more of the following— (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot; (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot; (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.\n- (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;\n- (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;\n- (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.\n- (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;\n- (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;\n- (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.","sortOrder":154},{"sectionNumber":"sec.132","sectionType":"section","heading":"Offence","content":"### sec.132 Offence\n\nA person must not exercise a proxy, or otherwise purport to vote on behalf of another person, at a general meeting knowing that the person does not have the right to exercise the proxy or otherwise vote on behalf of the other person.\nMaximum penalty—100 penalty units.","sortOrder":155},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":156},{"sectionNumber":"sec.133","sectionType":"section","heading":"Purpose of chapter","content":"### sec.133 Purpose of chapter\n\nThe purpose of this chapter is to prescribe matters about the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent, for a community titles scheme, including matters about rights and obligations of the body corporate.","sortOrder":157},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application of ch 6 to chapter 3 , part 5 engagements","content":"### sec.134 Application of ch 6 to chapter 3 , part 5 engagements\n\nParts 2 to 4 do not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.","sortOrder":158},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Authority for engagements and authorisations","content":"# Authority for engagements and authorisations","sortOrder":159},{"sectionNumber":"sec.135","sectionType":"section","heading":"Authority to make engagement or give authorisation, or amend engagement or authorisation","content":"### sec.135 Authority to make engagement or give authorisation, or amend engagement or authorisation\n\nThe body corporate may—\nengage a person as a body corporate manager or service contractor; or\nauthorise a person as a letting agent; or\nagree to an amendment of an engagement or authorisation mentioned in paragraph (a) or (b) .\nThe body corporate may act under subsection (1) only if—\nthe body corporate passes an ordinary resolution approving the engagement, authorisation or amendment and, for the passing of the resolution, no votes are exercised by proxy; and\nthe motion approving the engagement, authorisation or amendment is, for any of the following, decided by secret ballot—\nan engagement of a person as a service contractor if the person is to be a caretaking service contractor;\nan authorisation of a person as a letting agent;\nan agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and\nthe material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement, authorisation or amendment includes—\nfor an engagement or authorisation—the terms of the engagement or authorisation, including—\nwhen the term of the engagement or authorisation begins and ends; and\nthe term of any right or option of extension or renewal of the engagement or authorisation; and\nfor an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\nfor another agreement to amend an engagement or authorisation—the terms and effect of the amendment.\nHowever, subsection (2) (b) does not apply if all the lots included in the community titles scheme have identical ownership.\n(sec.135-ssec.1) The body corporate may— engage a person as a body corporate manager or service contractor; or authorise a person as a letting agent; or agree to an amendment of an engagement or authorisation mentioned in paragraph (a) or (b) .\n(sec.135-ssec.2) The body corporate may act under subsection (1) only if— the body corporate passes an ordinary resolution approving the engagement, authorisation or amendment and, for the passing of the resolution, no votes are exercised by proxy; and the motion approving the engagement, authorisation or amendment is, for any of the following, decided by secret ballot— an engagement of a person as a service contractor if the person is to be a caretaking service contractor; an authorisation of a person as a letting agent; an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement, authorisation or amendment includes— for an engagement or authorisation—the terms of the engagement or authorisation, including— when the term of the engagement or authorisation begins and ends; and the term of any right or option of extension or renewal of the engagement or authorisation; and for an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and for another agreement to amend an engagement or authorisation—the terms and effect of the amendment.\n(sec.135-ssec.3) However, subsection (2) (b) does not apply if all the lots included in the community titles scheme have identical ownership.\n- (a) engage a person as a body corporate manager or service contractor; or\n- (b) authorise a person as a letting agent; or\n- (c) agree to an amendment of an engagement or authorisation mentioned in paragraph (a) or (b) .\n- (a) the body corporate passes an ordinary resolution approving the engagement, authorisation or amendment and, for the passing of the resolution, no votes are exercised by proxy; and\n- (b) the motion approving the engagement, authorisation or amendment is, for any of the following, decided by secret ballot— (i) an engagement of a person as a service contractor if the person is to be a caretaking service contractor; (ii) an authorisation of a person as a letting agent; (iii) an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and\n- (i) an engagement of a person as a service contractor if the person is to be a caretaking service contractor;\n- (ii) an authorisation of a person as a letting agent;\n- (iii) an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and\n- (c) the material forwarded to members of the body corporate for the general meeting that considers the motion approving the engagement, authorisation or amendment includes— (i) for an engagement or authorisation—the terms of the engagement or authorisation, including— (A) when the term of the engagement or authorisation begins and ends; and (B) the term of any right or option of extension or renewal of the engagement or authorisation; and (ii) for an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and (iii) for another agreement to amend an engagement or authorisation—the terms and effect of the amendment.\n- (i) for an engagement or authorisation—the terms of the engagement or authorisation, including— (A) when the term of the engagement or authorisation begins and ends; and (B) the term of any right or option of extension or renewal of the engagement or authorisation; and\n- (A) when the term of the engagement or authorisation begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement or authorisation; and\n- (ii) for an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\n- (iii) for another agreement to amend an engagement or authorisation—the terms and effect of the amendment.\n- (i) an engagement of a person as a service contractor if the person is to be a caretaking service contractor;\n- (ii) an authorisation of a person as a letting agent;\n- (iii) an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal; and\n- (i) for an engagement or authorisation—the terms of the engagement or authorisation, including— (A) when the term of the engagement or authorisation begins and ends; and (B) the term of any right or option of extension or renewal of the engagement or authorisation; and\n- (A) when the term of the engagement or authorisation begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement or authorisation; and\n- (ii) for an agreement to amend a person’s engagement as a service contractor, or a person’s authorisation as a letting agent, to include a right or option of extension or renewal—an explanatory note in the approved form explaining the nature of the amendment; and\n- (iii) for another agreement to amend an engagement or authorisation—the terms and effect of the amendment.\n- (A) when the term of the engagement or authorisation begins and ends; and\n- (B) the term of any right or option of extension or renewal of the engagement or authorisation; and","sortOrder":160},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Requirements for engagements and authorisations","content":"# Requirements for engagements and authorisations","sortOrder":161},{"sectionNumber":"sec.136","sectionType":"section","heading":"Definition for part","content":"### sec.136 Definition for part\n\nIn this part—\nunexpired term , of an engagement of a person as a service contractor or an authorisation of a person as a letting agent, includes the term of—\na right or option of extension or renewal of the engagement or authorisation, whether provided for in the engagement or authorisation or subsequently approved by the body corporate; and\na subsequent right or option, under section 140 (2) or 141 (2) , for the engagement or authorisation.\n- (a) a right or option of extension or renewal of the engagement or authorisation, whether provided for in the engagement or authorisation or subsequently approved by the body corporate; and\n- (b) a subsequent right or option, under section 140 (2) or 141 (2) , for the engagement or authorisation.","sortOrder":162},{"sectionNumber":"sec.137","sectionType":"section","heading":"Form of engagement","content":"### sec.137 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 be in writing and state—\nthe term of the engagement, including—\nwhen the term begins and when it ends; and\nthe term of any right or option of extension or renewal of the engagement; and\nthe functions the body corporate manager or service contractor is required or authorised to carry out; and\nthe basis for working out payment for the body corporate manager’s or service contractor’s services; and\nA body corporate manager’s payment could be calculated on the basis of an amount per lot.\nA body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\nfor an engagement of a body corporate manager—any powers of an executive member of the committee the body corporate manager is authorised to exercise.\nThe engagement must not be in the form of a by-law.\n(sec.137-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.137-ssec.2) The engagement must be in writing and state— the term of the engagement, including— when the term begins and when it ends; and the term of any right or option of extension or renewal of the engagement; and the functions the body corporate manager or service contractor is required or authorised to carry out; and the basis for working out payment for the body corporate manager’s or service contractor’s services; and A body corporate manager’s payment could be calculated on the basis of an amount per lot. A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings. for an engagement of a body corporate manager—any powers of an executive member of the committee the body corporate manager is authorised to exercise.\n(sec.137-ssec.3) The engagement must not be in the form of a by-law.\n- (a) the term of the engagement, including— (i) when the term begins and when it ends; and (ii) the term of any right or option of extension or renewal of the engagement; and\n- (i) when the term begins and when it ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- (b) the functions the body corporate manager or service contractor is required or authorised to carry out; and\n- (c) the basis for working out payment for the body corporate manager’s or service contractor’s services; and Examples— 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot. 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\n- 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot.\n- 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.\n- (d) for an engagement of a body corporate manager—any powers of an executive member of the committee the body corporate manager is authorised to exercise.\n- (i) when the term begins and when it ends; and\n- (ii) the term of any right or option of extension or renewal of the engagement; and\n- 1 A body corporate manager’s payment could be calculated on the basis of an amount per lot.\n- 2 A body corporate manager’s payment could include charges calculated on the basis of a stated amount per telephone inquiry or a stated amount for attendance fees for additional committee or general meetings.","sortOrder":163},{"sectionNumber":"sec.138","sectionType":"section","heading":"Form of authorisation","content":"### sec.138 Form of authorisation\n\nThe authorisation of a person as a letting agent is void if the authorisation does not comply with the requirements stated in subsection (2) .\nThe authorisation must be in writing and state the term of the authorisation, including—\nwhen the term begins and when it ends; and\nthe term of any right or option of extension or renewal of the authorisation.\n(sec.138-ssec.1) The authorisation of a person as a letting agent is void if the authorisation does not comply with the requirements stated in subsection (2) .\n(sec.138-ssec.2) The authorisation must be in writing and state the term of the authorisation, including— when the term begins and when it ends; and the term of any right or option of extension or renewal of the authorisation.\n- (a) when the term begins and when it ends; and\n- (b) the term of any right or option of extension or renewal of the authorisation.","sortOrder":164},{"sectionNumber":"sec.139","sectionType":"section","heading":"Term of engagement of body corporate manager","content":"### sec.139 Term of engagement of body corporate manager\n\nThe term provided for in the engagement of a person as a body corporate manager, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 3 years.\nThe engagement of a body corporate manager begins on 1 January 2021 and is for a term of 3 years. The engagement can not end later than 31 December 2023.\nIf the term purports to be longer than 3 years, it is taken to be 3 years.\nTo remove any doubt, it is declared that at the end of the term—\nthe engagement expires; and\nthe person can not act again as the body corporate manager without a new engagement.\n(sec.139-ssec.1) The term provided for in the engagement of a person as a body corporate manager, after allowing for any rights or options of extension or renewal, whether provided for in the engagement or subsequently agreed to, must not be longer than 3 years. The engagement of a body corporate manager begins on 1 January 2021 and is for a term of 3 years. The engagement can not end later than 31 December 2023.\n(sec.139-ssec.2) If the term purports to be longer than 3 years, it is taken to be 3 years.\n(sec.139-ssec.3) To remove any doubt, it is declared that at the end of the term— the engagement expires; and the person can not act again as the body corporate manager without a new engagement.\n- (a) the engagement expires; and\n- (b) the person can not act again as the body corporate manager without a new engagement.","sortOrder":165},{"sectionNumber":"sec.140","sectionType":"section","heading":"Term of engagement of service contractor","content":"### sec.140 Term of engagement of service contractor\n\nThe term provided for in the engagement of a person as a service contractor, after allowing for any rights or options of extension or renewal, must not be longer than 10 years.\nThe engagement of a service contractor begins on 1 January 2021 and is for a term of 5 years with a right of renewal of 5 years. The engagement can not end later than 31 December 2030.\nThe body corporate may subsequently amend the engagement to include a right or option of extension or renewal (a subsequent right or option ) only if—\nthe subsequent right or option is for not longer than 5 years; and\nthe unexpired term of the engagement, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and\nsection 135 is complied with for the amendment.\nThe term of the engagement of a service contractor is 10 years beginning on 1 January 2021. On 1 January 2026, the body corporate could amend the engagement to include a right of renewal of 5 years.\nIf the unexpired term of the engagement purports to be longer than 10 years, it is taken to be 10 years.\nTo remove any doubt, it is declared that at the end of the term—\nthe engagement expires; and\nthe person can not act again as a service contractor without a new engagement.\n(sec.140-ssec.1) The term provided for in the engagement of a person as a service contractor, after allowing for any rights or options of extension or renewal, must not be longer than 10 years. The engagement of a service contractor begins on 1 January 2021 and is for a term of 5 years with a right of renewal of 5 years. The engagement can not end later than 31 December 2030.\n(sec.140-ssec.2) The body corporate may subsequently amend the engagement to include a right or option of extension or renewal (a subsequent right or option ) only if— the subsequent right or option is for not longer than 5 years; and the unexpired term of the engagement, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and section 135 is complied with for the amendment. The term of the engagement of a service contractor is 10 years beginning on 1 January 2021. On 1 January 2026, the body corporate could amend the engagement to include a right of renewal of 5 years.\n(sec.140-ssec.3) If the unexpired term of the engagement purports to be longer than 10 years, it is taken to be 10 years.\n(sec.140-ssec.4) To remove any doubt, it is declared that at the end of the term— the engagement expires; and the person can not act again as a service contractor without a new engagement.\n- (a) the subsequent right or option is for not longer than 5 years; and\n- (b) the unexpired term of the engagement, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and\n- (c) section 135 is complied with for the amendment.\n- (a) the engagement expires; and\n- (b) the person can not act again as a service contractor without a new engagement.","sortOrder":166},{"sectionNumber":"sec.141","sectionType":"section","heading":"Term of authorisation of letting agent","content":"### sec.141 Term of authorisation of letting agent\n\nThe term provided for in the authorisation of a person as a letting agent, after allowing for any rights or options of extension or renewal, must not be longer than 10 years.\nThe authorisation of a letting agent begins on 1 January 2021 and is for a term of 5 years with a right of renewal of 5 years. The authorisation can not end later than 31 December 2030.\nThe body corporate may subsequently amend the authorisation to include a right or option of extension or renewal (a subsequent right or option ) only if—\nthe subsequent right or option is for not longer than 5 years; and\nthe unexpired term of the authorisation, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and\nsection 135 is complied with for the amendment.\nThe term of the authorisation of a letting agent is 10 years beginning on 1 January 2021. On 1 January 2026, the body corporate could amend the authorisation to include a right of renewal of 5 years.\nIf the unexpired term of the authorisation purports to be longer than 10 years, it is taken to be 10 years.\nTo remove any doubt, it is declared that at the end of the term—\nthe authorisation expires; and\nthe person can not act again as a letting agent without a new authorisation.\n(sec.141-ssec.1) The term provided for in the authorisation of a person as a letting agent, after allowing for any rights or options of extension or renewal, must not be longer than 10 years. The authorisation of a letting agent begins on 1 January 2021 and is for a term of 5 years with a right of renewal of 5 years. The authorisation can not end later than 31 December 2030.\n(sec.141-ssec.2) The body corporate may subsequently amend the authorisation to include a right or option of extension or renewal (a subsequent right or option ) only if— the subsequent right or option is for not longer than 5 years; and the unexpired term of the authorisation, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and section 135 is complied with for the amendment. The term of the authorisation of a letting agent is 10 years beginning on 1 January 2021. On 1 January 2026, the body corporate could amend the authorisation to include a right of renewal of 5 years.\n(sec.141-ssec.3) If the unexpired term of the authorisation purports to be longer than 10 years, it is taken to be 10 years.\n(sec.141-ssec.4) To remove any doubt, it is declared that at the end of the term— the authorisation expires; and the person can not act again as a letting agent without a new authorisation.\n- (a) the subsequent right or option is for not longer than 5 years; and\n- (b) the unexpired term of the authorisation, from the day the resolution approving the subsequent right or option is passed by the body corporate, is not more than 10 years; and\n- (c) section 135 is complied with for the amendment.\n- (a) the authorisation expires; and\n- (b) the person can not act again as a letting agent without a new authorisation.","sortOrder":167},{"sectionNumber":"sec.142","sectionType":"section","heading":"Commencement of term of engagement or authorisation","content":"### sec.142 Commencement of term of engagement or authorisation\n\nThis section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent.\nThe resolution is of no effect if the term of the engagement or authorisation does not start within 12 months after the passing of the resolution.\n(sec.142-ssec.1) This section applies if the body corporate passes a resolution approving the engagement of a person as a body corporate manager or service contractor, or the authorisation of a person as a letting agent.\n(sec.142-ssec.2) The resolution is of no effect if the term of the engagement or authorisation does not start within 12 months after the passing of the resolution.","sortOrder":168},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Transferring engagements and authorisations","content":"# Transferring engagements and authorisations","sortOrder":169},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":170},{"sectionNumber":"sec.143","sectionType":"section","heading":"Transferring engagements and authorisations","content":"### sec.143 Transferring engagements and authorisations\n\nA person’s rights under an engagement as a body corporate manager or service contractor, or authorisation as a letting agent, may be transferred only if the body corporate under the engagement or authorisation approves the transfer.\nTo avoid any doubt, it is declared that the approval may be given by resolution of the committee, unless the decision on the approval is a decision on a restricted issue for the committee, or by ordinary resolution of the body corporate.\nIn deciding whether to approve a proposed transfer, the body corporate may have regard to—\nthe character of the proposed transferee and related persons of the proposed transferee; and\nthe financial standing of the proposed transferee; and\nthe proposed terms of the transfer; and\nthe competence, qualifications and experience of the proposed transferee and any related persons of the proposed transferee, and the extent to which the transferee and any related persons have received or are likely to receive training; and\nother matters stated in the engagement or authorisation.\nThe body corporate must decide whether to approve a proposed transfer within 30 days after it receives the information reasonably necessary to decide the application for approval.\nThe approval may be given on condition that the transferee enters into a deed of covenant to comply with the terms of the engagement or authorisation.\nThe body corporate must not—\nunreasonably withhold approval of the transfer; or\nrequire or receive a fee or other consideration for approving the transfer, other than reimbursement for expenses reasonably incurred by the body corporate in relation to the application for its approval.\nSubsection (6) applies subject to division 2 .\nIn this section—\nrelated persons , of a proposed transferee, means—\nif the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or\nif the proposed transferee is a partnership—the partners and principal staff of the partnership.\n(sec.143-ssec.1) A person’s rights under an engagement as a body corporate manager or service contractor, or authorisation as a letting agent, may be transferred only if the body corporate under the engagement or authorisation approves the transfer.\n(sec.143-ssec.2) To avoid any doubt, it is declared that the approval may be given by resolution of the committee, unless the decision on the approval is a decision on a restricted issue for the committee, or by ordinary resolution of the body corporate.\n(sec.143-ssec.3) In deciding whether to approve a proposed transfer, the body corporate may have regard to— the character of the proposed transferee and related persons of the proposed transferee; and the financial standing of the proposed transferee; and the proposed terms of the transfer; and the competence, qualifications and experience of the proposed transferee and any related persons of the proposed transferee, and the extent to which the transferee and any related persons have received or are likely to receive training; and other matters stated in the engagement or authorisation.\n(sec.143-ssec.4) The body corporate must decide whether to approve a proposed transfer within 30 days after it receives the information reasonably necessary to decide the application for approval.\n(sec.143-ssec.5) The approval may be given on condition that the transferee enters into a deed of covenant to comply with the terms of the engagement or authorisation.\n(sec.143-ssec.6) The body corporate must not— unreasonably withhold approval of the transfer; or require or receive a fee or other consideration for approving the transfer, other than reimbursement for expenses reasonably incurred by the body corporate in relation to the application for its approval.\n(sec.143-ssec.7) Subsection (6) applies subject to division 2 .\n(sec.143-ssec.8) In this section— related persons , of a proposed transferee, means— if the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or if the proposed transferee is a partnership—the partners and principal staff of the partnership.\n- (a) the character of the proposed transferee and related persons of the proposed transferee; and\n- (b) the financial standing of the proposed transferee; and\n- (c) the proposed terms of the transfer; and\n- (d) the competence, qualifications and experience of the proposed transferee and any related persons of the proposed transferee, and the extent to which the transferee and any related persons have received or are likely to receive training; and\n- (e) other matters stated in the engagement or authorisation.\n- (a) unreasonably withhold approval of the transfer; or\n- (b) require or receive a fee or other consideration for approving the transfer, other than reimbursement for expenses reasonably incurred by the body corporate in relation to the application for its approval.\n- (a) if the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or\n- (b) if the proposed transferee is a partnership—the partners and principal staff of the partnership.","sortOrder":171},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Payment of amount on transfer","content":"## Payment of amount on transfer","sortOrder":172},{"sectionNumber":"sec.144","sectionType":"section","heading":"Operation of division","content":"### sec.144 Operation of division\n\nThis division provides for the payment of an amount to a body corporate by a service contractor or letting agent (a transferor ) under an engagement or authorisation in relation to a transfer to another entity of the transferor’s rights under the engagement or authorisation if section 113 of the Act has previously applied to—\nthe engagement or authorisation; or\nthe extension of the term of the engagement or authorisation.\n- (a) the engagement or authorisation; or\n- (b) the extension of the term of the engagement or authorisation.","sortOrder":173},{"sectionNumber":"sec.145","sectionType":"section","heading":"Definitions for division","content":"### sec.145 Definitions for division\n\nIn this division—\nenter , into an engagement or authorisation as a service contractor or letting agent, includes being transferred rights as a service contractor or letting agent under the engagement or authorisation.\ninitial contract date , for an engagement or authorisation of a service contractor or letting agent, means the earlier of—\nthe day the service contractor or letting agent entered into the engagement or authorisation; or\nif the engagement or authorisation is a replacement or renewal of an engagement or authorisation of the service contractor or letting agent—the day the service contractor or letting agent first entered into any engagement or authorisation that has been continuously replaced or renewed.\nprescribed period means the period prescribed under section 146 .\ntransfer fee see section 147 (1) .\ntransferor see section 144 .\n- (a) the day the service contractor or letting agent entered into the engagement or authorisation; or\n- (b) if the engagement or authorisation is a replacement or renewal of an engagement or authorisation of the service contractor or letting agent—the day the service contractor or letting agent first entered into any engagement or authorisation that has been continuously replaced or renewed.","sortOrder":174},{"sectionNumber":"sec.146","sectionType":"section","heading":"Prescribed period— Act , s 122","content":"### sec.146 Prescribed period— Act , s 122\n\nFor section 122 (3) of the Act , a period of 2 years from the initial contract date is prescribed.","sortOrder":175},{"sectionNumber":"sec.147","sectionType":"section","heading":"Amount payable on a transfer within the prescribed period— Act , s 122","content":"### sec.147 Amount payable on a transfer within the prescribed period— Act , s 122\n\nFor section 122 (3) of the Act , an amount (the transfer fee ) is payable by a transferor to the body corporate on a transfer of the transferor’s rights under an engagement or authorisation to another entity within the prescribed period.\nThe transfer fee is—\nif the day on which the body corporate approves the transfer (the approval day ) is not more than 1 year after the initial contract date for the engagement or authorisation of the transferor—3% of the amount representing fair market value for the transfer; or\nif the approval day is more than 1 year after the initial contract date for the engagement or authorisation of the transferor—2% of the amount representing fair market value for the transfer.\nDespite subsection (1) , but subject to section 148 , no transfer fee is payable if—\na financier, as defined under section 123 of the Act , is exercising a power of sale under the financier’s charge over the engagement or authorisation; or\nthe transferor is transferring the transferor’s rights only because of a genuine hardship that was not reasonably foreseeable by the transferor on the initial contract date.\nA transfer fee payable under the Act must be paid into the body corporate’s sinking fund.\n(sec.147-ssec.1) For section 122 (3) of the Act , an amount (the transfer fee ) is payable by a transferor to the body corporate on a transfer of the transferor’s rights under an engagement or authorisation to another entity within the prescribed period.\n(sec.147-ssec.2) The transfer fee is— if the day on which the body corporate approves the transfer (the approval day ) is not more than 1 year after the initial contract date for the engagement or authorisation of the transferor—3% of the amount representing fair market value for the transfer; or if the approval day is more than 1 year after the initial contract date for the engagement or authorisation of the transferor—2% of the amount representing fair market value for the transfer.\n(sec.147-ssec.3) Despite subsection (1) , but subject to section 148 , no transfer fee is payable if— a financier, as defined under section 123 of the Act , is exercising a power of sale under the financier’s charge over the engagement or authorisation; or the transferor is transferring the transferor’s rights only because of a genuine hardship that was not reasonably foreseeable by the transferor on the initial contract date.\n(sec.147-ssec.4) A transfer fee payable under the Act must be paid into the body corporate’s sinking fund.\n- (a) if the day on which the body corporate approves the transfer (the approval day ) is not more than 1 year after the initial contract date for the engagement or authorisation of the transferor—3% of the amount representing fair market value for the transfer; or\n- (b) if the approval day is more than 1 year after the initial contract date for the engagement or authorisation of the transferor—2% of the amount representing fair market value for the transfer.\n- (a) a financier, as defined under section 123 of the Act , is exercising a power of sale under the financier’s charge over the engagement or authorisation; or\n- (b) the transferor is transferring the transferor’s rights only because of a genuine hardship that was not reasonably foreseeable by the transferor on the initial contract date.","sortOrder":176},{"sectionNumber":"sec.148","sectionType":"section","heading":"Transferor who claims transfer fee is not payable under s 147 (3) must advise body corporate","content":"### sec.148 Transferor who claims transfer fee is not payable under s 147 (3) must advise body corporate\n\nThis section applies if a transferor claims that a transfer fee that is otherwise payable under section 147 is not payable for a reason mentioned in section 147 (3) (a) or (b) .\nThe transferor must, when seeking the approval of the body corporate to a transfer of the transferor’s rights under an engagement or authorisation to another entity within the prescribed period—\nadvise the body corporate of any claim in writing when seeking the approval for the transfer; and\ngive the body corporate the information or documents that the transferor relies on to support the claim.\n(sec.148-ssec.1) This section applies if a transferor claims that a transfer fee that is otherwise payable under section 147 is not payable for a reason mentioned in section 147 (3) (a) or (b) .\n(sec.148-ssec.2) The transferor must, when seeking the approval of the body corporate to a transfer of the transferor’s rights under an engagement or authorisation to another entity within the prescribed period— advise the body corporate of any claim in writing when seeking the approval for the transfer; and give the body corporate the information or documents that the transferor relies on to support the claim.\n- (a) advise the body corporate of any claim in writing when seeking the approval for the transfer; and\n- (b) give the body corporate the information or documents that the transferor relies on to support the claim.","sortOrder":177},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Termination of engagements and authorisations","content":"# Termination of engagements and authorisations","sortOrder":178},{"sectionNumber":"sec.149","sectionType":"section","heading":"Purpose of part","content":"### sec.149 Purpose of part\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, or authorisation as a letting agent; and\nthe steps the body corporate must follow to terminate the engagement or authorisation.\n- (a) the grounds on which the body corporate may terminate a person’s engagement as a body corporate manager or service contractor, or authorisation as a letting agent; and\n- (b) the steps the body corporate must follow to terminate the engagement or authorisation.","sortOrder":179},{"sectionNumber":"sec.150","sectionType":"section","heading":"Termination under the Act , by agreement etc.","content":"### sec.150 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, or authorisation as a letting agent—\nunder the Act ; or\nby agreement; or\nunder the engagement or authorisation.\nThe body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n(sec.150-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor, or authorisation as a letting agent— under the Act ; or by agreement; or under the engagement or authorisation.\n(sec.150-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.\n- (a) under the Act ; or\n- (b) by agreement; or\n- (c) under the engagement or authorisation.","sortOrder":180},{"sectionNumber":"sec.151","sectionType":"section","heading":"Termination for conviction of particular offences etc.","content":"### sec.151 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, or authorisation as a letting agent, 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 or authorisation without the body corporate’s approval.\nThe body corporate may act under subsection (1) only if—\nthe termination is approved by ordinary resolution of the body corporate; and\nfor the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\n(sec.151-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor, or authorisation as a letting agent, 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 or authorisation without the body corporate’s approval.\n(sec.151-ssec.2) The body corporate may act under subsection (1) only if— the termination is approved by ordinary resolution of the body corporate; and for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\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 or authorisation without the body corporate’s approval.\n- (a) the termination is approved by ordinary resolution of the body corporate; and\n- (b) for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.","sortOrder":181},{"sectionNumber":"sec.152","sectionType":"section","heading":"Termination for failure to comply with remedial action notice","content":"### sec.152 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\ncontravenes—\nfor the body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\nfor a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents; or\nfails to comply with section 154 (2) , 155 (2) or 156 (2) ; or\nfor a body corporate manager—\ncommits an offence under section 168 (2) ; or\nif the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 78 .\nAlso, the body corporate may terminate a person’s authorisation as a letting agent 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 obligations, if any, under the authorisation; or\nfails to carry out duties under the authorisation; or\ncontravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\nfor a caretaking service contractor—fails to comply with section 154 (2) , 155 (2) or 156 (2) .\nThe body corporate may act under subsection (1) or (2) only if—\nthe body corporate has given the person a remedial action notice under subsection (4) ; and\nthe person fails to comply with the remedial action notice within the period stated in the notice; and\nthe termination is approved by ordinary resolution of the body corporate; and\nfor the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\nFor subsection (3) , a remedial action notice is a written notice stating each of the following—\nthat the body corporate believes the person has acted—\nfor a body corporate manager or a service contractor—in a way mentioned in subsection (1) (a) to (e) ; or\nfor a letting agent—in a way mentioned in subsection (2) (a) to (d) ;\ndetails of the action sufficient to identify—\nthe misconduct or gross negligence the body corporate believes has happened; or\nthe duties the body corporate believes have not been carried out; or\nthe provision of the code of conduct or this regulation the body corporate believes has been contravened;\nthat the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person—\nremedy the misconduct or gross negligence; or\ncarry out the duties; or\nremedy the contravention;\nthat if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement or authorisation.\nDespite subsection (3) (a) , if the person is a body corporate manager acting under a chapter 3 , part 5 engagement, the owners of at least one-half of the lots included in the community titles scheme may, on behalf of the body corporate, give the person a remedial action notice.\n(sec.152-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 contravenes— for the body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents; or fails to comply with section 154 (2) , 155 (2) or 156 (2) ; or for a body corporate manager— commits an offence under section 168 (2) ; or if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 78 .\n(sec.152-ssec.2) Also, the body corporate may terminate a person’s authorisation as a letting agent 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 obligations, if any, under the authorisation; or fails to carry out duties under the authorisation; or contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or for a caretaking service contractor—fails to comply with section 154 (2) , 155 (2) or 156 (2) .\n(sec.152-ssec.3) The body corporate may act under subsection (1) or (2) only if— the body corporate has given the person a remedial action notice under subsection (4) ; and the person fails to comply with the remedial action notice within the period stated in the notice; and the termination is approved by ordinary resolution of the body corporate; and for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\n(sec.152-ssec.4) For subsection (3) , a remedial action notice is a written notice stating each of the following— that the body corporate believes the person has acted— for a body corporate manager or a service contractor—in a way mentioned in subsection (1) (a) to (e) ; or for a letting agent—in a way mentioned in subsection (2) (a) to (d) ; details of the action sufficient to identify— the misconduct or gross negligence the body corporate believes has happened; or the duties the body corporate believes have not been carried out; or the provision of the code of conduct or this regulation the body corporate believes has been contravened; that the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person— remedy the misconduct or gross negligence; or carry out the duties; or remedy the contravention; that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement or authorisation.\n(sec.152-ssec.5) Despite subsection (3) (a) , if the person is a body corporate manager acting under a chapter 3 , part 5 engagement, the owners of at least one-half of the lots included in the community titles scheme may, on behalf of the body corporate, give the person a remedial action notice.\n- (a) engages in misconduct, or is grossly negligent, in carrying out functions required under the engagement; or\n- (b) fails to carry out duties under the engagement; or\n- (c) contravenes— (i) for the body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents; or\n- (i) for the body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\n- (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents; or\n- (d) fails to comply with section 154 (2) , 155 (2) or 156 (2) ; or\n- (e) for a body corporate manager— (i) commits an offence under section 168 (2) ; or (ii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 78 .\n- (i) commits an offence under section 168 (2) ; or\n- (ii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 78 .\n- (i) for the body corporate manager—the code of conduct for body corporate managers and caretaking service contractors; or\n- (ii) for a service contractor who is a caretaking service contractor—the code of conduct for body corporate managers and caretaking service contractors or the code of conduct for letting agents; or\n- (i) commits an offence under section 168 (2) ; or\n- (ii) if the body corporate manager is acting under a chapter 3 , part 5 engagement—fails to give a report under section 78 .\n- (a) engages in misconduct, or is grossly negligent, in carrying out obligations, if any, under the authorisation; or\n- (b) fails to carry out duties under the authorisation; or\n- (c) contravenes the code of conduct for letting agents or, for a caretaking service contractor, the code of conduct for body corporate managers and caretaking service contractors; or\n- (d) for a caretaking service contractor—fails to comply with section 154 (2) , 155 (2) or 156 (2) .\n- (a) the body corporate has given the person a remedial action notice under subsection (4) ; and\n- (b) the person fails to comply with the remedial action notice within the period stated in the notice; and\n- (c) the termination is approved by ordinary resolution of the body corporate; and\n- (d) for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.\n- (a) that the body corporate believes the person has acted— (i) for a body corporate manager or a service contractor—in a way mentioned in subsection (1) (a) to (e) ; or (ii) for a letting agent—in a way mentioned in subsection (2) (a) to (d) ;\n- (i) for a body corporate manager or a service contractor—in a way mentioned in subsection (1) (a) to (e) ; or\n- (ii) for a letting agent—in a way mentioned in subsection (2) (a) to (d) ;\n- (b) details of the action sufficient to identify— (i) the misconduct or gross negligence the body corporate believes has happened; or (ii) the duties the body corporate believes have not been carried out; or (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (c) that the person must, within the period stated in the notice but not less than 14 days after the notice is given to the person— (i) remedy the misconduct or gross negligence; or (ii) carry out the duties; or (iii) remedy the contravention;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;\n- (d) that if the person does not comply with the notice in the period stated, the body corporate may terminate the engagement or authorisation.\n- (i) for a body corporate manager or a service contractor—in a way mentioned in subsection (1) (a) to (e) ; or\n- (ii) for a letting agent—in a way mentioned in subsection (2) (a) to (d) ;\n- (i) the misconduct or gross negligence the body corporate believes has happened; or\n- (ii) the duties the body corporate believes have not been carried out; or\n- (iii) the provision of the code of conduct or this regulation the body corporate believes has been contravened;\n- (i) remedy the misconduct or gross negligence; or\n- (ii) carry out the duties; or\n- (iii) remedy the contravention;","sortOrder":182},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Disclosure requirements","content":"# Disclosure requirements","sortOrder":183},{"sectionNumber":"sec.153","sectionType":"section","heading":"Definition for part","content":"### sec.153 Definition for part\n\nIn this part—\nrelevant person means—\na body corporate manager, including a body corporate manager acting under a chapter 3 , part 5 engagement; or\na caretaking service contractor.\n- (a) a body corporate manager, including a body corporate manager acting under a chapter 3 , part 5 engagement; or\n- (b) a caretaking service contractor.","sortOrder":184},{"sectionNumber":"sec.154","sectionType":"section","heading":"Associate supplying goods or services","content":"### sec.154 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 a relevant person; and\nthe relevant person is aware of the matters mentioned in paragraphs (a) to (c) .\nBefore the body corporate makes its decision to enter into the contract, the relevant person must give written notice to the body corporate disclosing the relationship between the relevant person and the provider.\nMaximum penalty—20 penalty units.\nUnder section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n(sec.154-ssec.1) This section applies if— the body corporate is considering entering into, or proposes to enter into, a contract; and the contract is for the supply of goods or services from a person (the provider ); and the provider is an associate of a relevant person; and the relevant person is aware of the matters mentioned in paragraphs (a) to (c) .\n(sec.154-ssec.2) Before the body corporate makes its decision to enter into the contract, the relevant person must give written notice to the body corporate disclosing the relationship between the relevant person and the provider. Maximum penalty—20 penalty units. Under section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n- (a) the body corporate is considering entering into, or proposes to enter into, a contract; and\n- (b) the contract is for the supply of goods or services from a person (the provider ); and\n- (c) the provider is an associate of a relevant person; and\n- (d) the relevant person is aware of the matters mentioned in paragraphs (a) to (c) .","sortOrder":185},{"sectionNumber":"sec.155","sectionType":"section","heading":"Disclosure of associate contract","content":"### sec.155 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 a relevant person; and\nthe relevant person is aware of the matters mentioned in paragraphs (a) to (c) ; and\nto the knowledge of the relevant person, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the relevant person.\nThe relevant person must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate—\nidentifying the contract; and\ndisclosing the relationship between the relevant person and the provider.\nMaximum penalty—20 penalty units.\n(sec.155-ssec.1) This section applies if— the body corporate is a party to a contract; and the contract is for the supply of goods or services from a person (the provider ); and the provider is an associate of a relevant person; and the relevant person is aware of the matters mentioned in paragraphs (a) to (c) ; and to the knowledge of the relevant person, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the relevant person.\n(sec.155-ssec.2) The relevant person must, in the shortest practicable time after this section commences to apply, give written notice to the body corporate— identifying the contract; and disclosing the relationship between the relevant person and the provider. Maximum penalty—20 penalty units.\n- (a) the body corporate is a party to a contract; and\n- (b) the contract is for the supply of goods or services from a person (the provider ); and\n- (c) the provider is an associate of a relevant person; and\n- (d) the relevant person is aware of the matters mentioned in paragraphs (a) to (c) ; and\n- (e) to the knowledge of the relevant person, the body corporate has never been informed, or otherwise become aware, that the provider is an associate of the relevant person.\n- (a) identifying the contract; and\n- (b) disclosing the relationship between the relevant person and the provider.","sortOrder":186},{"sectionNumber":"sec.156","sectionType":"section","heading":"Disclosure of commission, payment or other benefit","content":"### sec.156 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, a relevant person 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 relevant person from an insurance company\na commission received by a relevant person from a financial institution for banking or other business\nBefore the body corporate makes its decision to enter into the main contract, the relevant person 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 relevant person is entitled to receive.\nMaximum penalty—20 penalty units.\nUnder section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n(sec.156-ssec.1) This section applies if— the body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and the main contract is for the supply of goods or services from a person; and under the main contract, or under another contract or arrangement, a relevant person 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 relevant person from an insurance company a commission received by a relevant person from a financial institution for banking or other business\n(sec.156-ssec.2) Before the body corporate makes its decision to enter into the main contract, the relevant person 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 relevant person is entitled to receive. Maximum penalty—20 penalty units. Under section 100 (1) of the Act , a decision of the committee is a decision of the body corporate.\n- (a) the body corporate is considering entering into, or proposes to enter into, a contract (the main contract ); and\n- (b) the main contract is for the supply of goods or services from a person; and\n- (c) under the main contract, or under another contract or arrangement, a relevant person is entitled to receive, other than from the body corporate, a commission, payment or other benefit that is associated with the main contract, including with entering into the main contract. Examples of commission for paragraph (c) — 1 a commission received by a relevant person from an insurance company 2 a commission received by a relevant person from a financial institution for banking or other business\n- 1 a commission received by a relevant person from an insurance company\n- 2 a commission received by a relevant person from a financial institution for banking or other business\n- 1 a commission received by a relevant person from an insurance company\n- 2 a commission received by a relevant person from a financial institution for banking or other business\n- (a) the commission, payment or other benefit; and\n- (b) to the extent the commission, payment or other benefit is monetary—the monetary amount the relevant person is entitled to receive.","sortOrder":187},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Occupation of common property","content":"# Occupation of common property","sortOrder":188},{"sectionNumber":"sec.157","sectionType":"section","heading":"Occupation of common property by service contractor or letting agent","content":"### sec.157 Occupation of common property by service contractor or letting agent\n\nThe body corporate may, by ordinary resolution, give a person (a property occupier ) who is a service contractor or letting agent an authority (an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable—\nif the property occupier is a service contractor—the property occupier to perform obligations under the property occupier’s engagement as a service contractor; or\nif the property occupier is a letting agent—the property occupier to operate as a letting agent.\nThe body corporate might authorise a letting agent to occupy a particular part of the common property as a reception area, or a caretaker to occupy a shed on the common property for storage of tools and garden implements.\nThe body corporate may include in the terms of the engagement of a person (also a property occupier ) as a service contractor, authority (also an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to perform obligations under the property occupier’s engagement as a service contractor.\nThe body corporate may include in the terms of the authorisation of a person (also a property occupier ) as a letting agent, authority (also an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to operate as a letting agent.\nThe body corporate may give an occupation authority only if the occupation of the part of the common property under the occupation authority would not interfere to an unreasonable extent with the use and enjoyment of a lot or the common property by an occupier of a lot.\nAn occupation authority—\nmay include conditions with which the property occupier must comply; and\nif given under subsection (1) , is taken to be a term of—\nfor a property occupier who is a service contractor—the property occupier’s engagement as a service contractor; or\nfor a property occupier who is a letting agent—the property occupier’s authorisation as a letting agent; and\nmay give the property occupier a right to exclusive occupation of the part of the common property the occupation authority relates to; and\nmust not be amended or terminated without the agreement of the property occupier during the term of the engagement or authorisation; and\nterminates immediately on the property occupier’s engagement as a service contractor or authorisation as a letting agent coming to an end or being terminated.\nDespite subsection (5) (c) , a right a property occupier may have to exclusive occupation of a part of the common property is subject to the body corporate’s right to authorise access to the part by others if the extent of the access does not unreasonably interfere with the occupation of the part by the property occupier.\nA service contractor or letting agent may acquire rights to occupy part of the common property for the purpose of the service contractor’s engagement or letting agent’s authorisation, only under this section.\n(sec.157-ssec.1) The body corporate may, by ordinary resolution, give a person (a property occupier ) who is a service contractor or letting agent an authority (an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable— if the property occupier is a service contractor—the property occupier to perform obligations under the property occupier’s engagement as a service contractor; or if the property occupier is a letting agent—the property occupier to operate as a letting agent. The body corporate might authorise a letting agent to occupy a particular part of the common property as a reception area, or a caretaker to occupy a shed on the common property for storage of tools and garden implements.\n(sec.157-ssec.2) The body corporate may include in the terms of the engagement of a person (also a property occupier ) as a service contractor, authority (also an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to perform obligations under the property occupier’s engagement as a service contractor.\n(sec.157-ssec.3) The body corporate may include in the terms of the authorisation of a person (also a property occupier ) as a letting agent, authority (also an occupation authority ) to occupy a particular part of the common property for particular purposes necessary to enable the property occupier to operate as a letting agent.\n(sec.157-ssec.4) The body corporate may give an occupation authority only if the occupation of the part of the common property under the occupation authority would not interfere to an unreasonable extent with the use and enjoyment of a lot or the common property by an occupier of a lot.\n(sec.157-ssec.5) An occupation authority— may include conditions with which the property occupier must comply; and if given under subsection (1) , is taken to be a term of— for a property occupier who is a service contractor—the property occupier’s engagement as a service contractor; or for a property occupier who is a letting agent—the property occupier’s authorisation as a letting agent; and may give the property occupier a right to exclusive occupation of the part of the common property the occupation authority relates to; and must not be amended or terminated without the agreement of the property occupier during the term of the engagement or authorisation; and terminates immediately on the property occupier’s engagement as a service contractor or authorisation as a letting agent coming to an end or being terminated.\n(sec.157-ssec.6) Despite subsection (5) (c) , a right a property occupier may have to exclusive occupation of a part of the common property is subject to the body corporate’s right to authorise access to the part by others if the extent of the access does not unreasonably interfere with the occupation of the part by the property occupier.\n(sec.157-ssec.7) A service contractor or letting agent may acquire rights to occupy part of the common property for the purpose of the service contractor’s engagement or letting agent’s authorisation, only under this section.\n- (a) if the property occupier is a service contractor—the property occupier to perform obligations under the property occupier’s engagement as a service contractor; or\n- (b) if the property occupier is a letting agent—the property occupier to operate as a letting agent.\n- (a) may include conditions with which the property occupier must comply; and\n- (b) if given under subsection (1) , is taken to be a term of— (i) for a property occupier who is a service contractor—the property occupier’s engagement as a service contractor; or (ii) for a property occupier who is a letting agent—the property occupier’s authorisation as a letting agent; and\n- (i) for a property occupier who is a service contractor—the property occupier’s engagement as a service contractor; or\n- (ii) for a property occupier who is a letting agent—the property occupier’s authorisation as a letting agent; and\n- (c) may give the property occupier a right to exclusive occupation of the part of the common property the occupation authority relates to; and\n- (d) must not be amended or terminated without the agreement of the property occupier during the term of the engagement or authorisation; and\n- (e) terminates immediately on the property occupier’s engagement as a service contractor or authorisation as a letting agent coming to an end or being terminated.\n- (i) for a property occupier who is a service contractor—the property occupier’s engagement as a service contractor; or\n- (ii) for a property occupier who is a letting agent—the property occupier’s authorisation as a letting agent; and","sortOrder":189},{"sectionNumber":"sec.158","sectionType":"section","heading":"Occupation of common property by service contractor may include right of access","content":"### sec.158 Occupation of common property by service contractor may include right of access\n\nThis section applies to an ordinary resolution passed by a body corporate under section 157 (1) for a property occupier who is a service contractor.\nThe resolution may give the property occupier a right of access over other parts of the common property to enable the property occupier to perform obligations, other than an obligation to supply utility services, under the property occupier’s engagement as a service contractor.\nThe body corporate might give a service contractor a right of access over common property to provide room service in a tourist scheme.\nA right of access mentioned in subsection (2) does not, of itself, give the property occupier an exclusive right to perform the obligations.\n(sec.158-ssec.1) This section applies to an ordinary resolution passed by a body corporate under section 157 (1) for a property occupier who is a service contractor.\n(sec.158-ssec.2) The resolution may give the property occupier a right of access over other parts of the common property to enable the property occupier to perform obligations, other than an obligation to supply utility services, under the property occupier’s engagement as a service contractor. The body corporate might give a service contractor a right of access over common property to provide room service in a tourist scheme.\n(sec.158-ssec.3) A right of access mentioned in subsection (2) does not, of itself, give the property occupier an exclusive right to perform the obligations.","sortOrder":190},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":191},{"sectionNumber":"sec.159","sectionType":"section","heading":"Purpose of chapter","content":"### sec.159 Purpose of chapter\n\nThe purpose of this chapter is to prescribe the financial management arrangements that apply to the body corporate for a community titles scheme.","sortOrder":192},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Budgets","content":"# Budgets","sortOrder":193},{"sectionNumber":"sec.160","sectionType":"section","heading":"Budgets","content":"### sec.160 Budgets\n\nThe body corporate must, by ordinary resolution, adopt the following 2 budgets for each financial year—\nthe administrative fund budget;\nthe sinking fund budget.\nSee section 167 .\nThe administrative fund budget must—\ncontain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover—\nthe cost of maintaining common property and body corporate assets; and\nthe cost of insurance; and\nother expenditure of a recurrent nature; and\nfix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\nThe sinking fund budget must—\nallow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to—\nanticipated expenditure of a capital or non-recurrent nature; and\nthe periodic replacement of items of a major capital nature; and\nother expenditure that should reasonably be met from capital; and\nfix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) .\nPainting of the common property is anticipated to be necessary in 3 years time at a cost currently estimated at $12,000. The contribution amount for the sinking fund in the budget for the financial year must therefore include the annual proportional share for painting of $4,000. Next year, the estimated cost has increased to $12,400 and so the second year levy will be $4,200. The estimated cost in the third year is $12,800, so with the $8,200 accumulated, a levy of $4,600 is necessary to meet the cost. In larger community titles schemes, the sinking fund will have several projects being funded for various future times.\nIf the scheme is a lot included in another community titles scheme, the administrative fund budget must also include an estimate of the total amount the body corporate may reasonably be expected to contribute to the administrative and sinking funds for the other scheme, and any other fund provided for in the regulation module applying to the other scheme.\nThe original owner must prepare proposed budgets for adoption by the body corporate at its first annual general meeting, and the committee must prepare proposed budgets for adoption by the body corporate at each later annual general meeting.\nCopies of the proposed budgets must accompany the notice of an annual general meeting.\nTo remove any doubt, it is declared that the inclusion of an item of expenditure in a budget adopted by the body corporate is not, of itself, authority for the expenditure.\n(sec.160-ssec.1) The body corporate must, by ordinary resolution, adopt the following 2 budgets for each financial year— the administrative fund budget; the sinking fund budget. See section 167 .\n(sec.160-ssec.2) The administrative fund budget must— contain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover— the cost of maintaining common property and body corporate assets; and the cost of insurance; and other expenditure of a recurrent nature; and fix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\n(sec.160-ssec.3) The sinking fund budget must— allow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to— anticipated expenditure of a capital or non-recurrent nature; and the periodic replacement of items of a major capital nature; and other expenditure that should reasonably be met from capital; and fix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) . Painting of the common property is anticipated to be necessary in 3 years time at a cost currently estimated at $12,000. The contribution amount for the sinking fund in the budget for the financial year must therefore include the annual proportional share for painting of $4,000. Next year, the estimated cost has increased to $12,400 and so the second year levy will be $4,200. The estimated cost in the third year is $12,800, so with the $8,200 accumulated, a levy of $4,600 is necessary to meet the cost. In larger community titles schemes, the sinking fund will have several projects being funded for various future times.\n(sec.160-ssec.4) If the scheme is a lot included in another community titles scheme, the administrative fund budget must also include an estimate of the total amount the body corporate may reasonably be expected to contribute to the administrative and sinking funds for the other scheme, and any other fund provided for in the regulation module applying to the other scheme.\n(sec.160-ssec.5) The original owner must prepare proposed budgets for adoption by the body corporate at its first annual general meeting, and the committee must prepare proposed budgets for adoption by the body corporate at each later annual general meeting.\n(sec.160-ssec.6) Copies of the proposed budgets must accompany the notice of an annual general meeting.\n(sec.160-ssec.7) To remove any doubt, it is declared that the inclusion of an item of expenditure in a budget adopted by the body corporate is not, of itself, authority for the expenditure.\n- (a) the administrative fund budget;\n- (b) the sinking fund budget.\n- (a) contain estimates for the financial year of necessary and reasonable spending from the administrative fund to cover— (i) the cost of maintaining common property and body corporate assets; and (ii) the cost of insurance; and (iii) other expenditure of a recurrent nature; and\n- (i) the cost of maintaining common property and body corporate assets; and\n- (ii) the cost of insurance; and\n- (iii) other expenditure of a recurrent nature; and\n- (b) fix the amount to be raised by way of contribution to cover the estimated recurrent expenditure mentioned in paragraph (a) .\n- (i) the cost of maintaining common property and body corporate assets; and\n- (ii) the cost of insurance; and\n- (iii) other expenditure of a recurrent nature; and\n- (a) allow for raising a reasonable capital amount both to provide for necessary and reasonable spending from the sinking fund for the financial year, and also to reserve an appropriate proportional share of amounts necessary to be accumulated to meet anticipated major expenditure over at least the next 9 years after the financial year, having regard to— (i) anticipated expenditure of a capital or non-recurrent nature; and (ii) the periodic replacement of items of a major capital nature; and (iii) other expenditure that should reasonably be met from capital; and\n- (i) anticipated expenditure of a capital or non-recurrent nature; and\n- (ii) the periodic replacement of items of a major capital nature; and\n- (iii) other expenditure that should reasonably be met from capital; and\n- (b) fix the amount to be raised by way of contribution to cover the capital amount mentioned in paragraph (a) .\n- (i) anticipated expenditure of a capital or non-recurrent nature; and\n- (ii) the periodic replacement of items of a major capital nature; and\n- (iii) other expenditure that should reasonably be met from capital; and","sortOrder":194},{"sectionNumber":"sec.161","sectionType":"section","heading":"Adjusting proposed budgets at annual general meeting","content":"### sec.161 Adjusting proposed budgets at annual general meeting\n\nThe amount of an administrative or sinking fund budget adopted by a body corporate at an annual general meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount.\nA proposed administrative fund budget is $5,000. The administrative fund budget adopted by the body corporate at the annual general meeting may be between $4,500 and $5,500.\nHowever, the amount of a proposed budget may be adjusted only to provide for spending, or remove amounts included in the proposed budget for spending, from the fund for the financial year if—\nthe motion to approve the spending is stated in the agenda for the meeting; and\neither—\nthe spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\nthe spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\nThe adjustment must be approved by a majority of voters present and entitled to vote on the adjustment.\nIf the amount of a proposed budget is adjusted under this section—\nthe proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and\nit is not necessary to amend the motion stated in a voting paper for the fixing of contributions to incorporate the adjustment; and\na copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 117 (2) .\n(sec.161-ssec.1) The amount of an administrative or sinking fund budget adopted by a body corporate at an annual general meeting may be more or less than the proposed budget amount by an amount equivalent to not more than 10% of the proposed budget amount. A proposed administrative fund budget is $5,000. The administrative fund budget adopted by the body corporate at the annual general meeting may be between $4,500 and $5,500.\n(sec.161-ssec.2) However, the amount of a proposed budget may be adjusted only to provide for spending, or remove amounts included in the proposed budget for spending, from the fund for the financial year if— the motion to approve the spending is stated in the agenda for the meeting; and either— the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n(sec.161-ssec.3) The adjustment must be approved by a majority of voters present and entitled to vote on the adjustment.\n(sec.161-ssec.4) If the amount of a proposed budget is adjusted under this section— the proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and it is not necessary to amend the motion stated in a voting paper for the fixing of contributions to incorporate the adjustment; and a copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 117 (2) .\n- (a) the motion to approve the spending is stated in the agenda for the meeting; and\n- (b) either— (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\n- (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (i) the spending is approved by the body corporate but is not adequately provided for in the proposed budget; or\n- (ii) the spending is provided for in the proposed budget but the body corporate does not approve the spending at the meeting.\n- (a) the proposed contributions to be paid by owners of lots for the financial year are proportionately adjusted; and\n- (b) it is not necessary to amend the motion stated in a voting paper for the fixing of contributions to incorporate the adjustment; and\n- (c) a copy of the adopted budget must be given to each owner of a lot with the copy of the minutes of the meeting given to the owner under section 117 (2) .","sortOrder":195},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Contributions levied by body corporate","content":"# Contributions levied by body corporate","sortOrder":196},{"sectionNumber":"sec.162","sectionType":"section","heading":"Contributions to be levied on owners","content":"### sec.162 Contributions to be levied on owners\n\nThe body corporate must, by ordinary resolution—\nfix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and\ndecide the number of instalments in which the contributions are to be paid; and\nfix the date on or before which payment of each instalment is required.\nIf a liability arises for which no provision, or inadequate provision, has been made in the budget, the body corporate must, by ordinary resolution—\nfix a special contribution to be levied on the owner of each lot towards the liability; and\ndecide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and\nfix the date on or before which payment of the single amount or each instalment is required.\nAlso, the committee may fix an interim contribution to be levied on the owner of each lot before the owner is levied contributions fixed on the basis of the body corporate’s budgets for a financial year.\nThe amount of a contribution mentioned in subsection (3) —\nmust subsequently be set off against the liability to pay contributions mentioned in subsection (1) ; and\nmust be calculated on the basis of the level of contributions applying for the community titles scheme for the previous financial year; and\nmust relate, as closely as practicable, to the period from the end of the previous financial year to 2 months after the proposed date of the annual general meeting.\nThe contributions levied on the owner of each lot, other than contributions payable for insurance and any other matter for which, under the Act or this regulation, the liability attaching to each lot is calculated other than on the basis of the lot’s contribution schedule lot entitlement, must be proportionate to the contribution schedule lot entitlement of the lot.\nFor examples of other matters for subsection (5) , see sections 197 , 200 , 201 and 202 .\n(sec.162-ssec.1) The body corporate must, by ordinary resolution— fix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and decide the number of instalments in which the contributions are to be paid; and fix the date on or before which payment of each instalment is required.\n(sec.162-ssec.2) If a liability arises for which no provision, or inadequate provision, has been made in the budget, the body corporate must, by ordinary resolution— fix a special contribution to be levied on the owner of each lot towards the liability; and decide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and fix the date on or before which payment of the single amount or each instalment is required.\n(sec.162-ssec.3) Also, the committee may fix an interim contribution to be levied on the owner of each lot before the owner is levied contributions fixed on the basis of the body corporate’s budgets for a financial year.\n(sec.162-ssec.4) The amount of a contribution mentioned in subsection (3) — must subsequently be set off against the liability to pay contributions mentioned in subsection (1) ; and must be calculated on the basis of the level of contributions applying for the community titles scheme for the previous financial year; and must relate, as closely as practicable, to the period from the end of the previous financial year to 2 months after the proposed date of the annual general meeting.\n(sec.162-ssec.5) The contributions levied on the owner of each lot, other than contributions payable for insurance and any other matter for which, under the Act or this regulation, the liability attaching to each lot is calculated other than on the basis of the lot’s contribution schedule lot entitlement, must be proportionate to the contribution schedule lot entitlement of the lot. For examples of other matters for subsection (5) , see sections 197 , 200 , 201 and 202 .\n- (a) fix, on the basis of its budgets for a financial year, the contributions to be levied on the owner of each lot for the financial year; and\n- (b) decide the number of instalments in which the contributions are to be paid; and\n- (c) fix the date on or before which payment of each instalment is required.\n- (a) fix a special contribution to be levied on the owner of each lot towards the liability; and\n- (b) decide whether the contribution is to be paid in a single amount or in instalments and, if in instalments, the number of instalments; and\n- (c) fix the date on or before which payment of the single amount or each instalment is required.\n- (a) must subsequently be set off against the liability to pay contributions mentioned in subsection (1) ; and\n- (b) must be calculated on the basis of the level of contributions applying for the community titles scheme for the previous financial year; and\n- (c) must relate, as closely as practicable, to the period from the end of the previous financial year to 2 months after the proposed date of the annual general meeting.","sortOrder":197},{"sectionNumber":"sec.163","sectionType":"section","heading":"Notice of contribution payable","content":"### sec.163 Notice of contribution payable\n\nAt least 30 days before the payment of a contribution, or an instalment of a contribution, is required, the body corporate must give the owner of each lot written notice of—\nthe total amount of the contribution levied on the owner; and\nthe amount of the contribution, or the instalment of a contribution, for which payment is currently required; and\nthe date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and\nany discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and\nany penalty to which the owner is liable for each month payment is in arrears; and\nif the owner is in arrears in payment of a contribution or penalty—the arrears.\nThe written notice under subsection (1) may also include notice about an amount payable by an owner of a lot to the body corporate for—\na specially contracted service enjoyed by the owner; or\nan exclusive use or special right over common property enjoyed by the owner.\nAlso, a written notice under this section must be given to an owner of a lot—\nif the owner has directed the body corporate as to how the notice is to be given—in the way directed by the owner; or\notherwise—under section 218 .\n(sec.163-ssec.1) At least 30 days before the payment of a contribution, or an instalment of a contribution, is required, the body corporate must give the owner of each lot written notice of— the total amount of the contribution levied on the owner; and the amount of the contribution, or the instalment of a contribution, for which payment is currently required; and the date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and any discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and any penalty to which the owner is liable for each month payment is in arrears; and if the owner is in arrears in payment of a contribution or penalty—the arrears.\n(sec.163-ssec.2) The written notice under subsection (1) may also include notice about an amount payable by an owner of a lot to the body corporate for— a specially contracted service enjoyed by the owner; or an exclusive use or special right over common property enjoyed by the owner.\n(sec.163-ssec.3) Also, a written notice under this section must be given to an owner of a lot— if the owner has directed the body corporate as to how the notice is to be given—in the way directed by the owner; or otherwise—under section 218 .\n- (a) the total amount of the contribution levied on the owner; and\n- (b) the amount of the contribution, or the instalment of a contribution, for which payment is currently required; and\n- (c) the date (the date for payment ) on or before which the contribution, or the instalment of a contribution, must be paid; and\n- (d) any discount to which the owner is entitled for payment of the contribution, or the instalment of a contribution, by the date for payment; and\n- (e) any penalty to which the owner is liable for each month payment is in arrears; and\n- (f) if the owner is in arrears in payment of a contribution or penalty—the arrears.\n- (a) a specially contracted service enjoyed by the owner; or\n- (b) an exclusive use or special right over common property enjoyed by the owner.\n- (a) if the owner has directed the body corporate as to how the notice is to be given—in the way directed by the owner; or\n- (b) otherwise—under section 218 .","sortOrder":198},{"sectionNumber":"sec.164","sectionType":"section","heading":"Discounts for timely payment","content":"### sec.164 Discounts for timely payment\n\nThe body corporate may, by ordinary resolution, fix a discount to be given to owners of lots if a contribution, or an instalment of a contribution, is received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\nThe discount can not be more than 20% of the amount to be paid.\nSuppose that—\na contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and\nan account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and\nthe instalment is paid on 25 March.\nIn this case, the owner is entitled to a discount of $2.50 on the instalment.\n(sec.164-ssec.1) The body corporate may, by ordinary resolution, fix a discount to be given to owners of lots if a contribution, or an instalment of a contribution, is received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\n(sec.164-ssec.2) The discount can not be more than 20% of the amount to be paid. Suppose that— a contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and an account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and the instalment is paid on 25 March. In this case, the owner is entitled to a discount of $2.50 on the instalment.\n- 1 a contribution of $100 is payable in 4 instalments of $25 and the body corporate has fixed a discount of 10% for payment by the date for payment in the notices of contribution given to the owners; and\n- 2 an account requiring payment of an instalment of $25 by 31 March is given to an owner of a lot; and\n- 3 the instalment is paid on 25 March.","sortOrder":199},{"sectionNumber":"sec.165","sectionType":"section","heading":"Penalties for late payment","content":"### sec.165 Penalties for late payment\n\nThe body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\nThe penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears.\nSuppose that—\na contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and\nan account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and\nthe instalment is not paid until 27 June.\nIn this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.\n(sec.165-ssec.1) The body corporate may, by ordinary resolution, fix a penalty to be paid by owners of lots if a contribution, or an instalment of a contribution, is not received by the body corporate by the date for payment fixed in notices of contribution given to the owners.\n(sec.165-ssec.2) The penalty must consist of simple interest at a stated rate, of not more than 2.5%, for each month the contribution or instalment is in arrears. Suppose that— a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and an account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and the instalment is not paid until 27 June. In this case, the instalment has been in arrears for 2 months and a penalty of $4 is payable.\n- 1 a contribution of $400 is payable in 4 instalments of $100 and the body corporate has fixed a penalty interest rate of 2% per month; and\n- 2 an account requiring payment of an instalment of $100 by 31 March is given to an owner of a lot; and\n- 3 the instalment is not paid until 27 June.","sortOrder":200},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Payment and enforcement of body corporate debts","content":"# Payment and enforcement of body corporate debts","sortOrder":201},{"sectionNumber":"sec.166","sectionType":"section","heading":"Payment and recovery of body corporate debts","content":"### sec.166 Payment and recovery of body corporate debts\n\nIf a contribution or an instalment of a contribution is not paid by the date for payment, the body corporate may recover each of the following amounts as a debt—\nthe amount of the contribution or instalment;\nany penalty for not paying the contribution or instalment;\nany costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\nIf the amount of a contribution or an instalment of a contribution has been outstanding for 2 years, the body corporate must, within 2 months after the end of the 2-year period, start proceedings to recover the amount.\nA liability to pay a body corporate debt in relation to a lot is enforceable jointly and severally against each of the following persons—\na person who was the owner of the lot when the debt became payable;\na person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\nIf there are 2 or more co-owners of a lot, the co-owners are jointly and severally liable to pay a body corporate debt in relation to the lot.\nIf an owner is liable for a contribution or an instalment of a contribution, and a penalty, an amount paid by the owner must be paid—\nfirst, towards the penalty; and\nsecond, in reduction of the outstanding contribution or instalment; and\nthird, towards any recovery costs for the debt.\nIf the body corporate is satisfied there are special reasons for allowing a discount of a contribution, or waiving a penalty or liability for recovery costs, the body corporate may allow the discount, or waive the penalty or costs in whole or part.\n(sec.166-ssec.1) If a contribution or an instalment of a contribution is not paid by the date for payment, the body corporate may recover each of the following amounts as a debt— the amount of the contribution or instalment; any penalty for not paying the contribution or instalment; any costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\n(sec.166-ssec.2) If the amount of a contribution or an instalment of a contribution has been outstanding for 2 years, the body corporate must, within 2 months after the end of the 2-year period, start proceedings to recover the amount.\n(sec.166-ssec.3) A liability to pay a body corporate debt in relation to a lot is enforceable jointly and severally against each of the following persons— a person who was the owner of the lot when the debt became payable; a person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\n(sec.166-ssec.4) If there are 2 or more co-owners of a lot, the co-owners are jointly and severally liable to pay a body corporate debt in relation to the lot.\n(sec.166-ssec.5) If an owner is liable for a contribution or an instalment of a contribution, and a penalty, an amount paid by the owner must be paid— first, towards the penalty; and second, in reduction of the outstanding contribution or instalment; and third, towards any recovery costs for the debt.\n(sec.166-ssec.6) If the body corporate is satisfied there are special reasons for allowing a discount of a contribution, or waiving a penalty or liability for recovery costs, the body corporate may allow the discount, or waive the penalty or costs in whole or part.\n- (a) the amount of the contribution or instalment;\n- (b) any penalty for not paying the contribution or instalment;\n- (c) any costs ( recovery costs ) reasonably incurred by the body corporate in recovering the amount.\n- (a) a person who was the owner of the lot when the debt became payable;\n- (b) a person, including a mortgagee in possession, who becomes an owner of the lot before the debt is paid.\n- (a) first, towards the penalty; and\n- (b) second, in reduction of the outstanding contribution or instalment; and\n- (c) third, towards any recovery costs for the debt.","sortOrder":202},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Administrative and sinking funds","content":"# Administrative and sinking funds","sortOrder":203},{"sectionNumber":"sec.167","sectionType":"section","heading":"Administrative and sinking funds","content":"### sec.167 Administrative and sinking funds\n\nThe body corporate must establish and keep an administrative fund and a sinking fund.\nThe body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.\nThe body corporate must pay into its sinking fund—\nthe amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and\namounts received under policies of insurance for destruction of items of a major capital nature; and\ninterest from investment of the sinking fund.\nThe administrative and sinking funds may be invested in the way a trustee may invest trust funds.\nAll amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.\nAll payments from the administrative or sinking fund must be made from the account or accounts.\nFunds must not be transferred between the administrative fund and the sinking fund.\nAll payments from the administrative or sinking fund may be made only on receipt of—\na written request for payment; or\nwritten evidence of payment, including, for example, a receipt.\n(sec.167-ssec.1) The body corporate must establish and keep an administrative fund and a sinking fund.\n(sec.167-ssec.2) The body corporate must pay into its administrative fund any amount received by the body corporate that is not required under subsection (3) to be paid into its sinking fund.\n(sec.167-ssec.3) The body corporate must pay into its sinking fund— the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and amounts received under policies of insurance for destruction of items of a major capital nature; and interest from investment of the sinking fund.\n(sec.167-ssec.4) The administrative and sinking funds may be invested in the way a trustee may invest trust funds.\n(sec.167-ssec.5) All amounts received by the body corporate for the credit of the administrative or sinking fund must be paid into 1 or more accounts kept solely in the name of the body corporate at a financial institution.\n(sec.167-ssec.6) All payments from the administrative or sinking fund must be made from the account or accounts.\n(sec.167-ssec.7) Funds must not be transferred between the administrative fund and the sinking fund.\n(sec.167-ssec.8) All payments from the administrative or sinking fund may be made only on receipt of— a written request for payment; or written evidence of payment, including, for example, a receipt.\n- (a) the amount raised by way of contribution to cover anticipated spending of a capital or non-recurrent nature, including the periodic renewal or replacement of major items of a capital nature and other spending that should be reasonably met from capital; and\n- (b) amounts received under policies of insurance for destruction of items of a major capital nature; and\n- (c) interest from investment of the sinking fund.\n- (a) a written request for payment; or\n- (b) written evidence of payment, including, for example, a receipt.","sortOrder":204},{"sectionNumber":"sec.168","sectionType":"section","heading":"Administration of administrative or sinking fund by body corporate manager","content":"### sec.168 Administration of administrative or sinking fund by body corporate manager\n\nThis section applies if a body corporate manager administers the body corporate’s administrative or sinking fund under—\nan authorisation given by the body corporate under section 119 (2) of the Act ; or\na chapter 3 , part 5 engagement.\nA body corporate manager who does not comply with section 167 in administering the fund commits an offence.\nMaximum penalty—20 penalty units.\nAn invoice of the body corporate manager for services provided to the body corporate by the body corporate manager in administering the fund must not include services provided by another person.\nservices provided by an insurance broker or service contractor\nThe body corporate manager must, not later than 30 days after the following day (the termination day ), give to the body corporate the financial records stated in subsection (5) —\nthe day the authorisation under section 119(2) of the Act is revoked;\nthe day the chapter 3 , part 5 engagement ends.\nMaximum penalty—20 penalty units.\nFor subsection (4) , the financial records are each of the following—\nif required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager;\nan income and expenditure statement for the fund for the financial year in which the termination day falls;\na list of all amounts owing to, and payable from, the fund as at the termination day;\na reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day;\ndetails of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution;\na record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls;\nany other financial record for the fund held by the body corporate manager on the termination day.\nfinancial institution deposit books\nHowever, subsection (4) does not apply to a financial record if, before the 30-day period ends, the body corporate manager is served with a notice under section 235 for the record.\n(sec.168-ssec.1) This section applies if a body corporate manager administers the body corporate’s administrative or sinking fund under— an authorisation given by the body corporate under section 119 (2) of the Act ; or a chapter 3 , part 5 engagement.\n(sec.168-ssec.2) A body corporate manager who does not comply with section 167 in administering the fund commits an offence. Maximum penalty—20 penalty units.\n(sec.168-ssec.3) An invoice of the body corporate manager for services provided to the body corporate by the body corporate manager in administering the fund must not include services provided by another person. services provided by an insurance broker or service contractor\n(sec.168-ssec.4) The body corporate manager must, not later than 30 days after the following day (the termination day ), give to the body corporate the financial records stated in subsection (5) — the day the authorisation under section 119(2) of the Act is revoked; the day the chapter 3 , part 5 engagement ends. Maximum penalty—20 penalty units.\n(sec.168-ssec.5) For subsection (4) , the financial records are each of the following— if required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager; an income and expenditure statement for the fund for the financial year in which the termination day falls; a list of all amounts owing to, and payable from, the fund as at the termination day; a reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day; details of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution; a record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls; any other financial record for the fund held by the body corporate manager on the termination day. financial institution deposit books\n(sec.168-ssec.6) However, subsection (4) does not apply to a financial record if, before the 30-day period ends, the body corporate manager is served with a notice under section 235 for the record.\n- (a) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (b) a chapter 3 , part 5 engagement.\n- (a) the day the authorisation under section 119(2) of the Act is revoked;\n- (b) the day the chapter 3 , part 5 engagement ends.\n- (a) if required by the body corporate—a balance sheet, as at the termination day, for the fund administered by the body corporate manager;\n- (b) an income and expenditure statement for the fund for the financial year in which the termination day falls;\n- (c) a list of all amounts owing to, and payable from, the fund as at the termination day;\n- (d) a reconciliation statement for the account or accounts kept for the fund for the month most recently completed before the termination day;\n- (e) details of the most recent notice given to each owner of a lot requiring payment of a contribution, or an instalment of a contribution;\n- (f) a record of all contributions, or instalments of contributions, paid by owners of lots during the financial year in which the termination day falls;\n- (g) any other financial record for the fund held by the body corporate manager on the termination day. Example of other financial records— financial institution deposit books","sortOrder":205},{"sectionNumber":"sec.169","sectionType":"section","heading":"Application of administrative and sinking funds","content":"### sec.169 Application of administrative and sinking funds\n\nThe sinking fund may be applied towards—\nspending of a capital or non-recurrent nature; and\nthe periodic replacement of major items of a capital nature; and\nother spending that should reasonably be met from capital.\nAll other spending of the body corporate must be met from the administrative fund.\nThe cost of repainting the common property or replacing air-conditioning plant would be paid from the sinking fund.\nThe cost of insurance would be paid from the administrative fund.\n(sec.169-ssec.1) The sinking fund may be applied towards— spending of a capital or non-recurrent nature; and the periodic replacement of major items of a capital nature; and other spending that should reasonably be met from capital.\n(sec.169-ssec.2) All other spending of the body corporate must be met from the administrative fund. The cost of repainting the common property or replacing air-conditioning plant would be paid from the sinking fund. The cost of insurance would be paid from the administrative fund.\n- (a) spending of a capital or non-recurrent nature; and\n- (b) the periodic replacement of major items of a capital nature; and\n- (c) other spending that should reasonably be met from capital.\n- 1 The cost of repainting the common property or replacing air-conditioning plant would be paid from the sinking fund.\n- 2 The cost of insurance would be paid from the administrative fund.","sortOrder":206},{"sectionNumber":"sec.170","sectionType":"section","heading":"Reconciliation statements","content":"### sec.170 Reconciliation statements\n\nThis section applies if—\na body corporate manager administers the body corporate’s administrative or sinking fund under—\nan authorisation given by the body corporate under section 119 (2) of the Act ; or\na chapter 3 , part 5 engagement; or\nthe body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\nA statement (the reconciliation statement ) must be prepared, within 21 days after the last day of each month, for each account kept for the fund showing the reconciliation of—\na statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and\ninvoices and other documents showing payments into and from the account during the month.\nThe reconciliation statement must be prepared by—\nif the fund is administered by a body corporate manager—the body corporate manager; or\notherwise—the treasurer.\n(sec.170-ssec.1) This section applies if— a body corporate manager administers the body corporate’s administrative or sinking fund under— an authorisation given by the body corporate under section 119 (2) of the Act ; or a chapter 3 , part 5 engagement; or the body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\n(sec.170-ssec.2) A statement (the reconciliation statement ) must be prepared, within 21 days after the last day of each month, for each account kept for the fund showing the reconciliation of— a statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and invoices and other documents showing payments into and from the account during the month.\n(sec.170-ssec.3) The reconciliation statement must be prepared by— if the fund is administered by a body corporate manager—the body corporate manager; or otherwise—the treasurer.\n- (a) a body corporate manager administers the body corporate’s administrative or sinking fund under— (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or (ii) a chapter 3 , part 5 engagement; or\n- (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (ii) a chapter 3 , part 5 engagement; or\n- (b) the body corporate decides by ordinary resolution that reconciliation statements must be prepared under this section.\n- (i) an authorisation given by the body corporate under section 119 (2) of the Act ; or\n- (ii) a chapter 3 , part 5 engagement; or\n- (a) a statement, produced by the financial institution where the account is kept, showing the amounts paid into and from the account during the month; and\n- (b) invoices and other documents showing payments into and from the account during the month.\n- (a) if the fund is administered by a body corporate manager—the body corporate manager; or\n- (b) otherwise—the treasurer.","sortOrder":207},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Borrowing","content":"# Borrowing","sortOrder":208},{"sectionNumber":"sec.171","sectionType":"section","heading":"Power to borrow","content":"### sec.171 Power to borrow\n\nThe body corporate may, by ordinary resolution, borrow amounts on security agreed between the body corporate and the person from whom the amounts are borrowed.\nThe body corporate must not at any time, without the authority of a resolution without dissent, be in debt for a borrowed amount greater than an amount worked out by multiplying the number of lots included in the community titles scheme by $250.\n(sec.171-ssec.1) The body corporate may, by ordinary resolution, borrow amounts on security agreed between the body corporate and the person from whom the amounts are borrowed.\n(sec.171-ssec.2) The body corporate must not at any time, without the authority of a resolution without dissent, be in debt for a borrowed amount greater than an amount worked out by multiplying the number of lots included in the community titles scheme by $250.","sortOrder":209},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Control of spending","content":"# Control of spending","sortOrder":210},{"sectionNumber":"sec.172","sectionType":"section","heading":"Spending by committee","content":"### sec.172 Spending by committee\n\nThe committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if—\nthe spending is specifically authorised by ordinary resolution of the body corporate; or\nthe owners of all lots included in the scheme have given written consent; or\nan adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or\nthe spending is necessary to comply with—\na statutory order or notice given to the body corporate; or\nan order of an adjudicator; or\na judgment or order of a court; or\nan order of QCAT; or\nboth of the following apply—\nthe committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\nthe decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee.\nSee section 52 (1) (c) .\nFor this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit.\nSection 173 applies to the proposal in addition to this section if—\nsubsection (1) (a) or (b) applies in relation to the proposal; and\nthe proposal involves spending above the relevant limit for major spending; and\nthe proposal does not involve spending mentioned in subsection (1) (c) or (d) .\nIn this section—\nrelevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .\n(sec.172-ssec.1) The committee may only give effect to a proposal involving spending above the relevant limit for committee spending for the community titles scheme if— the spending is specifically authorised by ordinary resolution of the body corporate; or the owners of all lots included in the scheme have given written consent; or an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or the spending is necessary to comply with— a statutory order or notice given to the body corporate; or an order of an adjudicator; or a judgment or order of a court; or an order of QCAT; or both of the following apply— the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. See section 52 (1) (c) .\n(sec.172-ssec.2) For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for committee spending if the cost of the project, as a whole, is more than the relevant limit.\n(sec.172-ssec.3) Section 173 applies to the proposal in addition to this section if— subsection (1) (a) or (b) applies in relation to the proposal; and the proposal involves spending above the relevant limit for major spending; and the proposal does not involve spending mentioned in subsection (1) (c) or (d) .\n(sec.172-ssec.4) In this section— relevant policy of insurance means a policy of insurance the body corporate puts into place or maintains under chapter 8 , part 6 .\n- (a) the spending is specifically authorised by ordinary resolution of the body corporate; or\n- (b) the owners of all lots included in the scheme have given written consent; or\n- (c) an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions; or\n- (d) the spending is necessary to comply with— (i) a statutory order or notice given to the body corporate; or (ii) an order of an adjudicator; or (iii) a judgment or order of a court; or (iv) an order of QCAT; or\n- (i) a statutory order or notice given to the body corporate; or\n- (ii) an order of an adjudicator; or\n- (iii) a judgment or order of a court; or\n- (iv) an order of QCAT; or\n- (e) both of the following apply— (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. Note— See section 52 (1) (c) .\n- (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\n- (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. Note— See section 52 (1) (c) .\n- (i) a statutory order or notice given to the body corporate; or\n- (ii) an order of an adjudicator; or\n- (iii) a judgment or order of a court; or\n- (iv) an order of QCAT; or\n- (i) the committee decides the spending is necessary to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance;\n- (ii) the decision to put the relevant policy of insurance in place, or renew the existing relevant policy of insurance, is not a decision on a restricted issue for the committee. Note— See section 52 (1) (c) .\n- (a) subsection (1) (a) or (b) applies in relation to the proposal; and\n- (b) the proposal involves spending above the relevant limit for major spending; and\n- (c) the proposal does not involve spending mentioned in subsection (1) (c) or (d) .","sortOrder":211},{"sectionNumber":"sec.173","sectionType":"section","heading":"Quotes for major spending decided at general meeting","content":"### sec.173 Quotes for major spending decided at general meeting\n\nThis section applies if—\na motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor, but not including the engagement of a service contractor who is also, or is to be, a letting agent; and\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\nThe owner of each lot must be given copies of at least 2 quotations for carrying out the work or supplying the personal property or services.\nIf the motion is proposed by the committee, the committee must obtain the quotations.\nIf the motion is not proposed by the committee, the person proposing the motion must obtain the quotations and give them to the secretary.\nCopies of the quotations or, if voluminous, summaries of the quotations and advice about where the complete documents may be inspected, must accompany the notice of the meeting at which the motion is to be considered.\nIf, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and must accompany the notice of the meeting.\nIf goods to be acquired by the body corporate are obtainable from only 1 source, a quotation for supplying the goods must be obtained from the source and circulated with the notice of meeting. The fact that goods with the necessary characteristics are only obtainable from a single source would be an exceptional reason for not obtaining 2 quotations for the supply of the goods.\nUnless subsection (6) applies, the motions for the quotations must be set out as a group of same-issue motions in the agenda and on a voting paper for the meeting.\nEach quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\nFor this section—\nthe cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and\nif a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n(sec.173-ssec.1) This section applies if— a motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor, but not including the engagement of a service contractor who is also, or is to be, a letting agent; and the cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\n(sec.173-ssec.2) The owner of each lot must be given copies of at least 2 quotations for carrying out the work or supplying the personal property or services.\n(sec.173-ssec.3) If the motion is proposed by the committee, the committee must obtain the quotations.\n(sec.173-ssec.4) If the motion is not proposed by the committee, the person proposing the motion must obtain the quotations and give them to the secretary.\n(sec.173-ssec.5) Copies of the quotations or, if voluminous, summaries of the quotations and advice about where the complete documents may be inspected, must accompany the notice of the meeting at which the motion is to be considered.\n(sec.173-ssec.6) If, for exceptional reasons, it is not practicable to obtain 2 quotations, a single quotation must be obtained and must accompany the notice of the meeting. If goods to be acquired by the body corporate are obtainable from only 1 source, a quotation for supplying the goods must be obtained from the source and circulated with the notice of meeting. The fact that goods with the necessary characteristics are only obtainable from a single source would be an exceptional reason for not obtaining 2 quotations for the supply of the goods.\n(sec.173-ssec.7) Unless subsection (6) applies, the motions for the quotations must be set out as a group of same-issue motions in the agenda and on a voting paper for the meeting.\n(sec.173-ssec.8) Each quotation obtained under this section must be retained as an attachment to the minutes of the meeting at which the quotation is considered.\n(sec.173-ssec.9) For this section— the cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n- (a) a motion to be moved at a general meeting of the body corporate proposes the carrying out of work or the acquisition of personal property or services, including the engagement of a body corporate manager or service contractor, but not including the engagement of a service contractor who is also, or is to be, a letting agent; and\n- (b) the cost of giving effect to the proposal is more than the relevant limit for major spending for the community titles scheme.\n- (a) the cost of engaging a body corporate manager or a service contractor includes any payment for the body corporate manager’s or the service contractor’s services, provided for under the engagement, for the term of any right or option of extension or renewal of the engagement; and\n- (b) if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.","sortOrder":212},{"sectionNumber":"sec.174","sectionType":"section","heading":"Quotes for major spending decided by committee","content":"### sec.174 Quotes for major spending decided by committee\n\nThis section applies if—\nthe relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and\na motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes the carrying out of work or the acquisition of personal property or services; and\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\nThis section also applies if—\na motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and\nSee also section 172 (1) (e) .\nthe cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.\nBefore a motion to be moved at a meeting of the committee is decided, the committee must obtain and consider at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing, the relevant policy of insurance.\nIf the motion is to be moved outside a committee meeting, the notice of the motion must be accompanied by copies of at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing the relevant policy of insurance.\nHowever, if, for exceptional reasons, it is not practicable to obtain 2 quotations for subsection (3) or (4) , a single quotation must be obtained and considered.\nThe proposal is for the acquisition of goods of a particular characteristic. Goods of that characteristic are only obtainable from 1 source.\nEach quotation obtained under this section must be retained as an attachment to—\nthe minutes of the meeting at which the quotation is considered; or\nthe record of the motion voted on other than at a meeting.\nFor this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n(sec.174-ssec.1) This section applies if— the relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and a motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes the carrying out of work or the acquisition of personal property or services; and the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\n(sec.174-ssec.2) This section also applies if— a motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and See also section 172 (1) (e) . the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.\n(sec.174-ssec.3) Before a motion to be moved at a meeting of the committee is decided, the committee must obtain and consider at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing, the relevant policy of insurance.\n(sec.174-ssec.4) If the motion is to be moved outside a committee meeting, the notice of the motion must be accompanied by copies of at least 2 quotations for carrying out the work, supplying the personal property or services or putting in place, or renewing the relevant policy of insurance.\n(sec.174-ssec.5) However, if, for exceptional reasons, it is not practicable to obtain 2 quotations for subsection (3) or (4) , a single quotation must be obtained and considered. The proposal is for the acquisition of goods of a particular characteristic. Goods of that characteristic are only obtainable from 1 source.\n(sec.174-ssec.6) Each quotation obtained under this section must be retained as an attachment to— the minutes of the meeting at which the quotation is considered; or the record of the motion voted on other than at a meeting.\n(sec.174-ssec.7) For this section, if a series of proposals forms a single project, the cost of carrying out any 1 of the proposals is taken to be more than the relevant limit for major spending for the scheme if the cost of the project, as a whole, is more than the relevant limit.\n- (a) the relevant limit for committee spending for a community titles scheme is more than the relevant limit for major spending for the scheme; and\n- (b) a motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes the carrying out of work or the acquisition of personal property or services; and\n- (c) the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme but less than the relevant limit for committee spending for the scheme.\n- (a) a motion to be moved at a meeting of the committee or, under section 69 , outside a committee meeting, proposes spending above the relevant limit for committee spending for the community titles scheme to put in place a relevant policy of insurance, or to renew an existing relevant policy of insurance; and Note— See also section 172 (1) (e) .\n- (b) the cost of giving effect to the proposal is more than the relevant limit for major spending for the scheme.\n- (a) the minutes of the meeting at which the quotation is considered; or\n- (b) the record of the motion voted on other than at a meeting.","sortOrder":213},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Accounts and audit","content":"# Accounts and audit","sortOrder":214},{"sectionNumber":"sec.175","sectionType":"section","heading":"Accounts","content":"### sec.175 Accounts\n\nThe body corporate must—\nkeep proper accounting records; and\nprepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\nThe statement of accounts may be prepared on a cash or accrual basis.\nIf the accounts are prepared on a cash basis, they must include disclosure of the following—\ntotal contributions paid in advance to the administrative and sinking funds;\ntotal contributions in arrears, and total outstanding penalties;\nbalances for all financial institution accounts and investments;\nall outstanding receipts and payments.\nIf the accounts are prepared on an accrual basis, they must show the assets and liabilities of the body corporate at the end of the financial year.\nThe statement of accounts must include—\nthe corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and\ndisclosure of all remuneration, allowances or expenses paid to members of the committee, identifying the total amounts paid to each member during the financial year under the following categories—\nremuneration or allowances;\nexpenses, split up into travelling, accommodation, meal and other expenses.\nA copy of the statement of accounts must accompany the notice of the next annual general meeting held after the end of the financial year for which the accounts are prepared.\n(sec.175-ssec.1) The body corporate must— keep proper accounting records; and prepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\n(sec.175-ssec.2) The statement of accounts may be prepared on a cash or accrual basis.\n(sec.175-ssec.3) If the accounts are prepared on a cash basis, they must include disclosure of the following— total contributions paid in advance to the administrative and sinking funds; total contributions in arrears, and total outstanding penalties; balances for all financial institution accounts and investments; all outstanding receipts and payments.\n(sec.175-ssec.4) If the accounts are prepared on an accrual basis, they must show the assets and liabilities of the body corporate at the end of the financial year.\n(sec.175-ssec.5) The statement of accounts must include— the corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and disclosure of all remuneration, allowances or expenses paid to members of the committee, identifying the total amounts paid to each member during the financial year under the following categories— remuneration or allowances; expenses, split up into travelling, accommodation, meal and other expenses.\n(sec.175-ssec.6) A copy of the statement of accounts must accompany the notice of the next annual general meeting held after the end of the financial year for which the accounts are prepared.\n- (a) keep proper accounting records; and\n- (b) prepare for each financial year a statement of accounts showing the income and spending, or receipts and payments, of the body corporate for the financial year.\n- (a) total contributions paid in advance to the administrative and sinking funds;\n- (b) total contributions in arrears, and total outstanding penalties;\n- (c) balances for all financial institution accounts and investments;\n- (d) all outstanding receipts and payments.\n- (a) the corresponding figures for the previous financial year, unless the statement is for the body corporate’s first financial year; and\n- (b) disclosure of all remuneration, allowances or expenses paid to members of the committee, identifying the total amounts paid to each member during the financial year under the following categories— (i) remuneration or allowances; (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.\n- (i) remuneration or allowances;\n- (ii) expenses, split up into travelling, accommodation, meal and other expenses.","sortOrder":215},{"sectionNumber":"sec.176","sectionType":"section","heading":"Audit","content":"### sec.176 Audit\n\nThe body corporate must have its statement of accounts for each financial year audited by an auditor unless—\nthe community titles scheme is a basic scheme; and\nthe body corporate resolves by special resolution not to have the statement audited.\nIf the body corporate is required under subsection (1) to have its statement of accounts audited, the auditor to be appointed must be agreed to by ordinary resolution of the body corporate.\nThe motion for agreeing to the auditor to be appointed—\nmust be included in the agenda for the general meeting at which the motion is to be considered; and\nmust include the name of the auditor proposed to be appointed; and\nis not voted on if, under subsection (1) , it is resolved not to have the statement of accounts audited.\nEven if the body corporate resolves not to have its statement of accounts for a particular financial year audited, the body corporate may, by ordinary resolution, resolve to have its accounting records for a particular period, or for a particular project, audited and appoint an auditor for the purpose.\nThe following persons can not be appointed to audit the accounting records or the statement of accounts of the body corporate—\na member of the committee;\na body corporate manager;\nan associate of a member of the committee or a body corporate manager.\nOn finishing an audit of the body corporate’s statement of accounts for a financial year, the auditor must give a certificate—\nstating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and\nif the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.\nA copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\nThe motion for a special resolution under subsection (1) must be—\nin the form ‘that the body corporate’s statement of accounts for the financial year ( state the financial year concerned ) not be audited’; and\naccompanied by a note ‘NOTE: If you want the accounts to be audited, vote ‘no’; if you do not want the accounts to be audited, vote ‘yes’.’.\n(sec.176-ssec.1) The body corporate must have its statement of accounts for each financial year audited by an auditor unless— the community titles scheme is a basic scheme; and the body corporate resolves by special resolution not to have the statement audited.\n(sec.176-ssec.2) If the body corporate is required under subsection (1) to have its statement of accounts audited, the auditor to be appointed must be agreed to by ordinary resolution of the body corporate.\n(sec.176-ssec.3) The motion for agreeing to the auditor to be appointed— must be included in the agenda for the general meeting at which the motion is to be considered; and must include the name of the auditor proposed to be appointed; and is not voted on if, under subsection (1) , it is resolved not to have the statement of accounts audited.\n(sec.176-ssec.4) Even if the body corporate resolves not to have its statement of accounts for a particular financial year audited, the body corporate may, by ordinary resolution, resolve to have its accounting records for a particular period, or for a particular project, audited and appoint an auditor for the purpose.\n(sec.176-ssec.5) The following persons can not be appointed to audit the accounting records or the statement of accounts of the body corporate— a member of the committee; a body corporate manager; an associate of a member of the committee or a body corporate manager.\n(sec.176-ssec.6) On finishing an audit of the body corporate’s statement of accounts for a financial year, the auditor must give a certificate— stating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and if the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.\n(sec.176-ssec.7) A copy of the auditor’s certificate must accompany the notice of the next annual general meeting held after the certificate is given.\n(sec.176-ssec.8) The motion for a special resolution under subsection (1) must be— in the form ‘that the body corporate’s statement of accounts for the financial year ( state the financial year concerned ) not be audited’; and accompanied by a note ‘NOTE: If you want the accounts to be audited, vote ‘no’; if you do not want the accounts to be audited, vote ‘yes’.’.\n- (a) the community titles scheme is a basic scheme; and\n- (b) the body corporate resolves by special resolution not to have the statement audited.\n- (a) must be included in the agenda for the general meeting at which the motion is to be considered; and\n- (b) must include the name of the auditor proposed to be appointed; and\n- (c) is not voted on if, under subsection (1) , it is resolved not to have the statement of accounts audited.\n- (a) a member of the committee;\n- (b) a body corporate manager;\n- (c) an associate of a member of the committee or a body corporate manager.\n- (a) stating whether the statement of accounts gives a true and fair view of the body corporate’s financial affairs; and\n- (b) if the statement of accounts does not give a true and fair view of the body corporate’s financial affairs—identifying the deficiencies in the statement.\n- (a) in the form ‘that the body corporate’s statement of accounts for the financial year ( state the financial year concerned ) not be audited’; and\n- (b) accompanied by a note ‘NOTE: If you want the accounts to be audited, vote ‘no’; if you do not want the accounts to be audited, vote ‘yes’.’.","sortOrder":216},{"sectionNumber":"sec.177","sectionType":"section","heading":"Auditing qualifications and experience— Act , sch 6 , def auditor","content":"### sec.177 Auditing qualifications and experience— Act , sch 6 , def auditor\n\nFor schedule 6 of the Act , definition auditor , paragraph (a) (ii) , the qualifications and experience in accountancy that are approved for a person are stated in subsection (2) .\nThe person must—\nbe a member of—\nCPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\nthe Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or\nthe Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\nhave a total of at least 2 years auditing experience, whether or not continuous.\n(sec.177-ssec.1) For schedule 6 of the Act , definition auditor , paragraph (a) (ii) , the qualifications and experience in accountancy that are approved for a person are stated in subsection (2) .\n(sec.177-ssec.2) The person must— be a member of— CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and have a total of at least 2 years auditing experience, whether or not continuous.\n- (a) be a member of— (i) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or (ii) the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or (iii) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (i) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (ii) the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (iii) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and\n- (b) have a total of at least 2 years auditing experience, whether or not continuous.\n- (i) CPA Australia and entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (ii) the Chartered Accountants Australia and New Zealand and entitled to use the letters ‘CA’ or ‘FCA’; or\n- (iii) the Institute of Public Accountants and entitled to use the letters ‘MIPA’ or ‘FIPA’; and","sortOrder":217},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":218},{"sectionNumber":"sec.178","sectionType":"section","heading":"Reporting particular payments to committee","content":"### sec.178 Reporting particular payments to committee\n\nA body corporate manager who pays an account on the basis of an authorisation given by the committee, or by the body corporate in a general meeting, must, if required by the committee or body corporate, give the committee a written report on the payment.\nA committee member who acts under a resolution mentioned in section 73 (1) (d) must, if required by the committee, give the committee a written report on the costs incurred in acting under the resolution.\nA report given under subsection (1) or (2) must contain the details about the payment or costs reasonably required by the committee or body corporate.\nThis section does not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.\n(sec.178-ssec.1) A body corporate manager who pays an account on the basis of an authorisation given by the committee, or by the body corporate in a general meeting, must, if required by the committee or body corporate, give the committee a written report on the payment.\n(sec.178-ssec.2) A committee member who acts under a resolution mentioned in section 73 (1) (d) must, if required by the committee, give the committee a written report on the costs incurred in acting under the resolution.\n(sec.178-ssec.3) A report given under subsection (1) or (2) must contain the details about the payment or costs reasonably required by the committee or body corporate.\n(sec.178-ssec.4) This section does not apply to a body corporate manager acting under a chapter 3 , part 5 engagement.","sortOrder":219},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":220},{"sectionNumber":"sec.179","sectionType":"section","heading":"Purpose of chapter","content":"### sec.179 Purpose of chapter\n\nThis chapter prescribes matters about property management for a community titles scheme, including matters about the rights and obligations of the body corporate.","sortOrder":221},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Common property","content":"# Common property","sortOrder":222},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Obligations about common property— Act , section 152","content":"## Obligations about common property— Act , section 152","sortOrder":223},{"sectionNumber":"sec.180","sectionType":"section","heading":"Duties of body corporate about common property— Act , s 152","content":"### sec.180 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 the community titles scheme are created under a building format plan of subdivision, the body corporate must—\nmaintain in good condition—\nrailings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and\ndoors, windows and associated fittings situated in a boundary wall separating a lot from common property; and\nroofing membranes that are not common property but that provide protection for lots or common property; and\nmaintain in a structurally sound condition the following elements of scheme land that are not common property—\nfoundation structures;\nroofing structures providing protection;\nessential supporting framework, including load-bearing walls.\nDespite anything in subsections (1) and (2) , the body corporate is not responsible for maintaining fixtures or fittings installed by the occupier of a lot if they were installed for the occupier’s own benefit.\nAlso, despite anything in subsections (1) and (2) —\nthe owner of the lot is responsible for maintaining, in good order and condition, utility infrastructure, including utility infrastructure situated on common property to the extent the utility infrastructure—\nrelates only to supplying utility services to the owner’s lot; and\nis 1 of the following types—\nhot-water systems;\nwashing machines;\nclothes dryers;\nsolar panels;\nair-conditioning systems;\ntelevision antennae;\nanother device providing a utility service to a lot; and\nAn air-conditioning plant is installed on the common property, but relates only to supplying utility services to a particular lot. The owner of the lot is responsible for maintaining the air-conditioning equipment.\nA hot-water system is installed on the common property, but supplies water only to a particular lot. The owner of the lot is responsible for maintaining the hot-water system and the associated pipes and wiring.\nthe owner of the lot is responsible for maintaining the tray of a shower that services the lot, whether or not the tray forms part of the lot.\nTo avoid any doubt, it is declared that, despite an obligation the body corporate may have under subsection (2) , the body corporate may recover the prescribed costs, as a debt, from a person, whether or not the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.\nIn this section—\nprescribed costs , recoverable from a person, means the proportion of the reasonable cost to the body corporate of carrying out the maintenance that the body corporate reasonably considers can be fairly attributed to the person’s actions.\nutility infrastructure does not include utility infrastructure that—\nis a device for measuring the reticulation or supply of water for a community titles scheme established after 1 January 2008; and\nis installed after 1 January 2008—\nunder a permit issued under the Plumbing and Drainage Act 2018 ; or\nin relation to a compliance request made after 31 December 2007 under the repealed Plumbing and Drainage Act 2002 .\n(sec.180-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.180-ssec.2) To the extent that lots included in the community titles scheme are created under a building format plan of subdivision, the body corporate must— maintain in good condition— railings, parapets and balustrades on, whether precisely, or for all practical purposes, the boundary of a lot and common property; and doors, windows and associated fittings situated in a boundary wall separating a lot from common property; and roofing membranes that are not common property but that provide protection for lots or common property; and maintain in a structurally sound condition the following elements of scheme land that are not common property— foundation structures; roofing structures providing protection; essential supporting framework, including load-bearing walls.\n(sec.180-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.180-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.180-ssec.5) To avoid any doubt, it is declared that, despite an obligation the body corporate may have under subsection (2) , the body corporate may recover the prescribed costs, as a debt, from a person, whether or not the owner of the lot, whose actions cause or contribute to the damage or deterioration of the part of the lot.\n(sec.180-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":224},{"sectionNumber":"sec.181","sectionType":"section","heading":"Duty to consider defect assessment motion","content":"### sec.181 Duty to consider defect assessment motion\n\nA body corporate must include a defect assessment motion on the agenda for the next annual general meeting of the body corporate that is called after the first annual general meeting.\nUnder section 173 , each owner of a lot must be given copies of at least 2 quotations for proposals to carry out work or supply personal property services if the cost of the proposal is more than the relevant limit for major spending for the community titles scheme.\nFor a body corporate for a scheme that is intended to be developed progressively, the body corporate must include a defect assessment motion on the agenda for the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; and\nproperty, other than body corporate assets the body corporate must insure under section 197 (1) , 198 (2) or 199 (2) , is included on scheme land.\n(sec.181-ssec.1) A body corporate must include a defect assessment motion on the agenda for the next annual general meeting of the body corporate that is called after the first annual general meeting. Under section 173 , each owner of a lot must be given copies of at least 2 quotations for proposals to carry out work or supply personal property services if the cost of the proposal is more than the relevant limit for major spending for the community titles scheme.\n(sec.181-ssec.2) For a body corporate for a scheme that is intended to be developed progressively, the body corporate must include a defect assessment motion on the agenda for the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; and property, other than body corporate assets the body corporate must insure under section 197 (1) , 198 (2) or 199 (2) , is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; and\n- (b) property, other than body corporate assets the body corporate must insure under section 197 (1) , 198 (2) or 199 (2) , is included on scheme land.","sortOrder":225},{"sectionNumber":"sec.182","sectionType":"section","heading":"Body corporate may establish voluntary defect assessment plan","content":"### sec.182 Body corporate may establish voluntary defect assessment plan\n\nThis section applies if—\na general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and\nthe scheme is a basic scheme; and\n1 or more lots included in the scheme were created under a standard format plan of subdivision; and\non 1 or more of the lots mentioned in paragraph (c) , there is a stand-alone building.\nThe body corporate may establish a plan (a voluntary defect assessment plan ) under which it arranges for a defect assessment report to be prepared for stand-alone buildings for the owners of the lots on which they are located.\nParticipation in the voluntary defect assessment plan is optional, and the owner of a lot who wants to take part in the plan must comply with all reasonable requirements made by the body corporate establishing the plan.\nThe owner of a lot who takes part in the voluntary defect assessment plan is liable to pay a contribution levied by the body corporate that is a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner’s lot.\n(sec.182-ssec.1) This section applies if— a general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and the scheme is a basic scheme; and 1 or more lots included in the scheme were created under a standard format plan of subdivision; and on 1 or more of the lots mentioned in paragraph (c) , there is a stand-alone building.\n(sec.182-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.182-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.182-ssec.4) The owner of a lot who takes part in the voluntary defect assessment plan is liable to pay a contribution levied by the body corporate that is a proportionate amount of the total cost of the plan relative to the defect assessment report undertaken on the owner’s lot.\n- (a) a general meeting of the body corporate for a community titles scheme considers a defect assessment motion; and\n- (b) the scheme is a basic scheme; and\n- (c) 1 or more lots included in the scheme were created under a standard format plan of subdivision; and\n- (d) on 1 or more of the lots mentioned in paragraph (c) , there is a stand-alone building.","sortOrder":226},{"sectionNumber":"sec.183","sectionType":"section","heading":"Mailbox and noticeboard— Act , s 153","content":"### sec.183 Mailbox and noticeboard— 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.\nThe body corporate may maintain in a suitable position on the common property a noticeboard for the display of notices and other material of interest to the owners or occupiers of lots.\n(sec.183-ssec.1) The body corporate must— maintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or make suitable alternative arrangements for the receipt of mail.\n(sec.183-ssec.2) The body corporate may maintain in a suitable position on the common property a noticeboard for the display of notices and other material of interest to the owners or occupiers of lots.\n- (a) maintain a mailbox clearly showing the body corporate’s name in a suitable position at or near the street alignment of the scheme land; or\n- (b) make suitable alternative arrangements for the receipt of mail.","sortOrder":227},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Dealing with common property","content":"## Dealing with common property","sortOrder":228},{"sectionNumber":"sec.184","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property— Act , s 154","content":"### sec.184 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—\nif authorised by resolution without dissent—\nsell or otherwise dispose of part of the common property; or\ngrant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\nif authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\nDespite subsection (2) , the body corporate may grant or amend a lease or licence over the whole or part of the common property, without the authority of a resolution without dissent or special resolution, if the community management statement provides for the lease or licence.\nThe body corporate must not lease or license common property if—\nthe 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; or\nthe common property leased or licensed is land a person has the right to occupy for the person’s engagement as a service contractor or authorisation as a letting agent.\nAn instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by—\na relevant certificate certifying the transaction has been authorised under this section; and\na certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and\nif the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\nThe body corporate may not grant a lease or licence over utility infrastructure that is common property.\nIf a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate.\nIn this section—\nrelevant certificate means a certificate signed by—\nif the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or\notherwise—\nat least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\nif all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\nif the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement—\nthe body corporate manager; and\n1 other person who is an owner of a lot included in the scheme or the representative of the owner.\nrelevant Planning Act means—\nif the relevant planning body for the community titles scheme is the local government—the Planning Act ; or\nif the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 .\nrelevant planning body , for the community titles scheme, means—\nto the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and\nto the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area.\nrepresentative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\ns 184 amd 2024 SL No. 40 s 70\n(sec.184-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.184-ssec.2) The body corporate may— if authorised by resolution without dissent— sell or otherwise dispose of part of the common property; or grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and if authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\n(sec.184-ssec.3) Despite subsection (2) , the body corporate may grant or amend a lease or licence over the whole or part of the common property, without the authority of a resolution without dissent or special resolution, if the community management statement provides for the lease or licence.\n(sec.184-ssec.4) The body corporate must not lease or license common property if— the lease or licence would interfere with access to a lot, or to a part of the common property over which exclusive rights have been given under a by-law; or the common property leased or licensed is land a person has the right to occupy for the person’s engagement as a service contractor or authorisation as a letting agent.\n(sec.184-ssec.5) An instrument lodged for registration under the Land Title Act 1994 to give effect to a transaction under this section must be accompanied by— a relevant certificate certifying the transaction has been authorised under this section; and a certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\n(sec.184-ssec.6) The body corporate may not grant a lease or licence over utility infrastructure that is common property.\n(sec.184-ssec.6A) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a relevant certificate is complied with if only 1 owner signs the relevant certificate.\n(sec.184-ssec.7) In this section— relevant certificate means a certificate signed by— if the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or otherwise— at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— the body corporate manager; and 1 other person who is an owner of a lot included in the scheme or the representative of the owner. relevant Planning Act means— if the relevant planning body for the community titles scheme is the local government—the Planning Act ; or if the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 . relevant planning body , for the community titles scheme, means— to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area. representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\n- (a) to sell or otherwise dispose of common property; and\n- (b) to grant or amend a lease or licence over common property.\n- (a) if authorised by resolution without dissent— (i) sell or otherwise dispose of part of the common property; or (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (i) sell or otherwise dispose of part of the common property; or\n- (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (b) if authorised by special resolution—grant or amend a lease or licence for 3 years or less over the whole or part of the common property.\n- (i) sell or otherwise dispose of part of the common property; or\n- (ii) grant or amend a lease or licence for more than 3 years over the whole or part of the common property; and\n- (a) 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; or\n- (b) the common property leased or licensed is land a person has the right to occupy for the person’s engagement as a service contractor or authorisation as a letting agent.\n- (a) a relevant certificate certifying the transaction has been authorised under this section; and\n- (b) a certificate of the relevant planning body certifying the transaction has been approved or noted under the relevant Planning Act; and\n- (c) if the transaction is associated with a reduction in the common property—a request to record a new community management statement for the community titles scheme in place of the existing statement for the scheme.\n- (a) if the resolution authorising the transaction under subsection (2) specifies a person who must sign the certificate—the person; or\n- (b) otherwise— (i) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or (ii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or (iii) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (i) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\n- (ii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (iii) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (i) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\n- (ii) if all the lots in the community titles scheme are in identical ownership—an owner or the representative of the owner; or\n- (iii) if the body corporate has engaged a body corporate manager under a chapter 3 , part 5 engagement— (A) the body corporate manager; and (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (A) the body corporate manager; and\n- (B) 1 other person who is an owner of a lot included in the scheme or the representative of the owner.\n- (a) if the relevant planning body for the community titles scheme is the local government—the Planning Act ; or\n- (b) if the relevant planning body for the community titles scheme is MEDQ—the Economic Development Act 2012 .\n- (a) to the extent the common property for the scheme the subject of the transaction is located in a priority development area—MEDQ; and\n- (b) to the extent the common property for the scheme the subject of the transaction is located in a local government area but not in a priority development area—the local government for the local government area.","sortOrder":229},{"sectionNumber":"sec.185","sectionType":"section","heading":"Easements over common property— Act , s 155","content":"### sec.185 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 resolution without dissent—\ngrant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or\nsurrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\nAn instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by—\na copy of the resolution, or resolutions, signed by—\nif the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\notherwise—\nat least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\nif all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or\nif the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\nother documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\nIf a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions.\nIn this section—\nrepresentative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\ns 185 amd 2024 SL No. 40 s 71\n(sec.185-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.185-ssec.2) The body corporate may, if authorised by a resolution without dissent— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\n(sec.185-ssec.3) An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the resolution, or resolutions, signed by— if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or otherwise— at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\n(sec.185-ssec.4) If a lot is owned by 2 or more people, a requirement under this section for a lot owner to sign a copy of a resolution, or resolutions, is complied with if only 1 owner signs the resolution, or resolutions.\n(sec.185-ssec.5) In this section— representative , of an owner of a lot, means a person whose name is recorded on the body corporate’s roll as the representative of the owner.\n- (a) grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or\n- (b) surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.\n- (a) a copy of the resolution, or resolutions, signed by— (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or (ii) otherwise— (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\n- (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\n- (ii) otherwise— (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\n- (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\n- (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or\n- (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\n- (b) other documents required by the registrar, including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme.\n- (i) if the resolution, or resolutions, specify a person who must sign the copy of the resolution, or resolutions—the person; or\n- (ii) otherwise— (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\n- (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\n- (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or\n- (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and\n- (A) at least 2 members of the committee, 1 of whom must be the chairperson or secretary of the committee; or\n- (B) if all the lots in the community titles scheme have identical ownership—an owner or the representative of the owner; or\n- (C) if the body corporate for a community titles scheme has engaged a body corporate manager under a chapter 3 , part 5 engagement—the body corporate manager and 1 other person who is an owner of a lot in the scheme or the representative of the owner; and","sortOrder":230},{"sectionNumber":"sec.186","sectionType":"section","heading":"Improvements to common property by body corporate— Act , s 159","content":"### sec.186 Improvements to common property by body corporate— Act , s 159\n\nThe body corporate may make improvements to the common property if—\nthe cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or\nthe improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or\nthe improvements are authorised by special resolution; or\nan adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\nHowever, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate.\nFor subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount.\nThis section has effect subject to chapter 7 , part 7 .\nIn this section—\nbasic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by—\nfor a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or\nfor another scheme—the number of lots included in the scheme.\nordinary resolution improvement range , for a community titles scheme, means an amount that is—\nmore than the basic improvements limit for the scheme; and\nnot more than the amount worked out by multiplying $2,000 by—\nfor a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or\nfor another scheme—the number of lots included in the scheme.\n(sec.186-ssec.1) The body corporate may make improvements to the common property if— the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or the improvements are authorised by special resolution; or an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\n(sec.186-ssec.2) However, a body corporate may not pass more than 1 ordinary resolution mentioned in subsection (1) (b) in a financial year for the body corporate.\n(sec.186-ssec.3) For subsection (1) , if a series of associated improvements forms a single project, the cost of any 1 of the improvements is taken to be more than the amount worked out under subsection (1) if the cost of the project, as a whole, is more than the amount.\n(sec.186-ssec.4) This section has effect subject to chapter 7 , part 7 .\n(sec.186-ssec.5) In this section— basic improvements limit , for a community titles scheme, means an amount worked out by multiplying $300 by— for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or for another scheme—the number of lots included in the scheme. ordinary resolution improvement range , for a community titles scheme, means an amount that is— more than the basic improvements limit for the scheme; and not more than the amount worked out by multiplying $2,000 by— for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or for another scheme—the number of lots included in the scheme.\n- (a) the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is not more than the basic improvements limit for the community titles scheme; or\n- (b) the improvements are authorised by ordinary resolution and the cost of the improvements, or, if the improvements together with associated improvements form a single project for improvement of the common property, the cost of the entire project, is within the ordinary resolution improvement range for the scheme; or\n- (c) the improvements are authorised by special resolution; or\n- (d) an adjudicator, under an order made under the dispute resolution provisions, decides the improvements are reasonably necessary for the health, safety or security of persons who use the common property and authorises the improvements.\n- (a) for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or\n- (b) for another scheme—the number of lots included in the scheme.\n- (a) more than the basic improvements limit for the scheme; and\n- (b) not more than the amount worked out by multiplying $2,000 by— (i) for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or (ii) for another scheme—the number of lots included in the scheme.\n- (i) for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or\n- (ii) for another scheme—the number of lots included in the scheme.\n- (i) for a principal scheme in a layered arrangement of community titles schemes—the number of layered lots for the scheme; or\n- (ii) for another scheme—the number of lots included in the scheme.","sortOrder":231},{"sectionNumber":"sec.187","sectionType":"section","heading":"Improvements to common property by owner of a lot— Act , s 159","content":"### sec.187 Improvements to common property by owner of a lot— Act , s 159\n\nThe body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot.\nThe improvement must be authorised by ordinary resolution of the body corporate unless—\nthe improvement is a minor improvement; and\nthe improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and\nthe body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\nAn authorisation may be given under this section on conditions the body corporate considers appropriate.\nAn owner who is given an authority under this section—\nmust comply with conditions of the authority; and\nmust maintain the improvement made under the authority in good condition, unless excused by the body corporate.\nIn this section—\nminor improvement means an improvement with an installed value of $3,000 or less.\n(sec.187-ssec.1) The body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner’s lot.\n(sec.187-ssec.2) The improvement must be authorised by ordinary resolution of the body corporate unless— the improvement is a minor improvement; and the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\n(sec.187-ssec.3) An authorisation may be given under this section on conditions the body corporate considers appropriate.\n(sec.187-ssec.4) An owner who is given an authority under this section— must comply with conditions of the authority; and must maintain the improvement made under the authority in good condition, unless excused by the body corporate.\n(sec.187-ssec.5) In this section— minor improvement means an improvement with an installed value of $3,000 or less.\n- (a) the improvement is a minor improvement; and\n- (b) the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and\n- (c) the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner’s duties as an occupier.\n- (a) must comply with conditions of the authority; and\n- (b) must maintain the improvement made under the authority in good condition, unless excused by the body corporate.","sortOrder":232},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Body corporate assets","content":"# Body corporate assets","sortOrder":233},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Obligation about body corporate assets","content":"## Obligation about body corporate assets","sortOrder":234},{"sectionNumber":"sec.188","sectionType":"section","heading":"Duties of body corporate about body corporate assets— Act , s 152","content":"### sec.188 Duties of body corporate about body corporate assets— Act , s 152\n\nThe body corporate must maintain body corporate assets in good condition.","sortOrder":235},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Dealing with body corporate assets","content":"## Dealing with body corporate assets","sortOrder":236},{"sectionNumber":"sec.189","sectionType":"section","heading":"Acquisition of amenities for benefit of lot owners— Act , s 156","content":"### sec.189 Acquisition of amenities for benefit of lot owners— 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, do any of the following—\nacquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme;\nacquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme;\nacquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset;\nacquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme.\nThe body corporate may under subsection (2) (c) acquire rights to establish or use moorings for vessels.\nThe body corporate may exercise its powers under this section only if authorised by a resolution without dissent if the proposal is—\nto acquire freehold land; or\nto enter into a lease of more than 3 years.\nThe body corporate may exercise its powers under this section only if authorised by a special resolution if the proposal is—\nto enter into a lease of 3 years or less, or a licence, concession or agreement; or\nto acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts—\n$1,000;\nan amount worked out by multiplying the number of lots included in the scheme by $200.\nIn this section—\nnon-freehold land see the Land Act 1994 , schedule 6 .\n(sec.189-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.189-ssec.2) The body corporate may, in the name of the body corporate, do any of the following— acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme; acquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme; acquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset; acquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme. The body corporate may under subsection (2) (c) acquire rights to establish or use moorings for vessels.\n(sec.189-ssec.3) The body corporate may exercise its powers under this section only if authorised by a resolution without dissent if the proposal is— to acquire freehold land; or to enter into a lease of more than 3 years.\n(sec.189-ssec.4) The body corporate may exercise its powers under this section only if authorised by a special resolution if the proposal is— to enter into a lease of 3 years or less, or a licence, concession or agreement; or to acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts— $1,000; an amount worked out by multiplying the number of lots included in the scheme by $200.\n(sec.189-ssec.5) In this section— non-freehold land see the Land Act 1994 , schedule 6 .\n- (a) acquire freehold land for the use and enjoyment of the owners or occupiers of lots included in the community titles scheme;\n- (b) acquire a leasehold interest in freehold or non-freehold land for the use and enjoyment of the owners or occupiers of lots included in the scheme;\n- (c) acquire a licence or concession related to land for the use and enjoyment of the owners or occupiers of lots included in the scheme, or surrender a licence or concession related to land previously acquired by the body corporate as a body corporate asset;\n- (d) acquire personal property, other than personal property mentioned in paragraph (b) or (c) , for the use and enjoyment of the owners and occupiers of lots included in the scheme.\n- (a) to acquire freehold land; or\n- (b) to enter into a lease of more than 3 years.\n- (a) to enter into a lease of 3 years or less, or a licence, concession or agreement; or\n- (b) to acquire personal property under subsection (2) (d) , and the value of the property to be acquired is more than the greater of the following amounts— (i) $1,000; (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the scheme by $200.","sortOrder":237},{"sectionNumber":"sec.190","sectionType":"section","heading":"Other dealings with, and disposal of, body corporate assets— Act , s 157","content":"### sec.190 Other dealings with, and disposal of, body corporate assets— Act , s 157\n\nThe body corporate may do any of the following—\nsell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land, only if authorised by resolution without dissent;\ngrant or amend a lease over a body corporate asset that is freehold land, or another body corporate asset capable of being leased, only if authorised by—\nif the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\nif subparagraph (i) does not apply—special resolution;\nsell or otherwise dispose of a body corporate asset that is personal property, not including personal property mentioned in paragraph (a) or (b) , but including a licence or concession related to freehold land, only if authorised by special resolution, if the market value of the asset is more than the greater of the following amounts—\n$1,000;\nan amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (a) sell or otherwise dispose of a body corporate asset that is freehold land, or a leasehold interest in freehold land, only if authorised by resolution without dissent;\n- (b) grant or amend a lease over a body corporate asset that is freehold land, or another body corporate asset capable of being leased, only if authorised by— (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or (ii) if subparagraph (i) does not apply—special resolution;\n- (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\n- (ii) if subparagraph (i) does not apply—special resolution;\n- (c) sell or otherwise dispose of a body corporate asset that is personal property, not including personal property mentioned in paragraph (a) or (b) , but including a licence or concession related to freehold land, only if authorised by special resolution, if the market value of the asset is more than the greater of the following amounts— (i) $1,000; (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.\n- (i) if the term of the lease, as granted or as amended, is more than 3 years—resolution without dissent; or\n- (ii) if subparagraph (i) does not apply—special resolution;\n- (i) $1,000;\n- (ii) an amount worked out by multiplying the number of lots included in the community titles scheme by $200.","sortOrder":238},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Agreement with another body corporate","content":"# Agreement with another body corporate","sortOrder":239},{"sectionNumber":"sec.191","sectionType":"section","heading":"Sharing facilities— Act , s 95","content":"### sec.191 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, and if authorised by a special resolution of the body corporate, enter into an agreement with the body corporate of another community titles scheme under which the owners or occupiers of lots included in the scheme and lots included in the other scheme may share the use and enjoyment of—\nfacilities forming part of the common property of either scheme; or\nbody corporate assets for either scheme.\nThe body corporate may enter into an agreement under subsection (2) with the body corporate for another community titles scheme under which the owners or occupiers of lots included in the scheme may use a tennis court forming part of the common property for the other scheme.\n(sec.191-ssec.1) This section has effect despite anything else in this chapter.\n(sec.191-ssec.2) The body corporate may, in the name of the body corporate, and if authorised by a special resolution of the body corporate, enter into an agreement with the body corporate of another community titles scheme under which the owners or occupiers of lots included in the scheme and lots included in the other scheme may share the use and enjoyment of— facilities forming part of the common property of either scheme; or body corporate assets for either scheme. The body corporate may enter into an agreement under subsection (2) with the body corporate for another community titles scheme under which the owners or occupiers of lots included in the scheme may use a tennis court forming part of the common property for the other scheme.\n- (a) facilities forming part of the common property of either scheme; or\n- (b) body corporate assets for either scheme.","sortOrder":240},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Exclusive use by-laws— Act , section 173","content":"# Exclusive use by-laws— Act , section 173","sortOrder":241},{"sectionNumber":"sec.192","sectionType":"section","heading":"Conditions and obligations under exclusive use by-law","content":"### sec.192 Conditions and obligations under exclusive use by-law\n\nIf the owner of a lot included in the community titles scheme, to whom rights are in the first instance given under an exclusive use by-law, agrees in writing, the by-law may impose conditions, including, for example, conditions that require the owner to do 1 or both of the following things—\nmake a payment to the scheme’s body corporate or the owners of lots included in the scheme;\nmake periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\nAn exclusive use by-law is taken, in the absence of other specific provision in the by-law for maintenance and operating costs, to make the owner of the lot to whom exclusive use or other rights are given responsible for the maintenance of and operating costs for the part of the common property to which the exclusive use by-law applies.\ncost of providing lighting to the part of common property\nHowever, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for—\nmaintaining in good condition roofing membranes that—\nare on the part of the common property to which the by-law applies; and\nprovide protection for lots or common property; or\nmaintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner—\nfoundation structures;\nroofing structures providing protection;\nessential supporting framework, including load-bearing walls.\n(sec.192-ssec.1) If the owner of a lot included in the community titles scheme, to whom rights are in the first instance given under an exclusive use by-law, agrees in writing, the by-law may impose conditions, including, for example, conditions that require the owner to do 1 or both of the following things— make a payment to the scheme’s body corporate or the owners of lots included in the scheme; make periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\n(sec.192-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.192-ssec.3) However, if the lot was created under a building format plan of subdivision, in the absence of other specific provision in the by-law, the owner of the lot is not responsible for— maintaining in good condition roofing membranes that— are on the part of the common property to which the by-law applies; and provide protection for lots or common property; or maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner— foundation structures; roofing structures providing protection; essential supporting framework, including load-bearing walls.\n- (a) make a payment to the scheme’s body corporate or the owners of lots included in the scheme;\n- (b) make periodic payments to the scheme’s body corporate or the owners of lots included in the scheme.\n- (a) maintaining in good condition roofing membranes that— (i) are on the part of the common property to which the by-law applies; and (ii) provide protection for lots or common property; or\n- (i) are on the part of the common property to which the by-law applies; and\n- (ii) provide protection for lots or common property; or\n- (b) maintaining in a structurally sound condition any of the following elements of scheme land that are part of a structure that is on the part of the common property to which the by-law applies and is not constructed by or for the owner— (i) foundation structures; (ii) roofing structures providing protection; (iii) essential supporting framework, including load-bearing walls.\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.\n- (i) are on the part of the common property to which the by-law applies; and\n- (ii) provide protection for lots or common property; or\n- (i) foundation structures;\n- (ii) roofing structures providing protection;\n- (iii) essential supporting framework, including load-bearing walls.","sortOrder":242},{"sectionNumber":"sec.193","sectionType":"section","heading":"Improvements","content":"### sec.193 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 authorises it to be made.\nIf the value of the improvement mentioned in subsection (3) is more than $3,000, the body corporate’s authorisation must be by ordinary resolution.\n(sec.193-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.193-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.193-ssec.3) If the exclusive use by-law does not authorise the owner of a lot to make an improvement, the owner may make the improvement only if the body corporate authorises it to be made.\n(sec.193-ssec.4) If the value of the improvement mentioned in subsection (3) is more than $3,000, the body corporate’s authorisation must be by ordinary resolution.","sortOrder":243},{"sectionNumber":"sec.194","sectionType":"section","heading":"Recovery of amount owed","content":"### sec.194 Recovery of amount owed\n\nA monetary liability imposed under an exclusive use by-law on the owner of a lot included in the community titles scheme may be recovered as a debt.\nIf the lot is itself another community titles scheme, the liability is enforceable against the body corporate for the other scheme.\nIf subsection (2) does not apply, the 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.194-ssec.1) A monetary liability imposed under an exclusive use by-law on the owner of a lot included in the community titles scheme may be recovered as a debt.\n(sec.194-ssec.2) If the lot is itself another community titles scheme, the liability is enforceable against the body corporate for the other scheme.\n(sec.194-ssec.3) If subsection (2) does not apply, 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":244},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Insurance— Act , section 189","content":"# Insurance— Act , section 189","sortOrder":245},{"sectionNumber":"sec.195","sectionType":"section","heading":"Definitions for part","content":"### sec.195 Definitions for part\n\nIn this part—\nbuilding includes improvements and fixtures forming part of the building, but does not include—\ntemporary wall, floor and ceiling coverings; or\nfixtures removable by a lessee or tenant at the end of a lease or tenancy; or\nmobile or fixed air-conditioning units servicing a particular lot; or\ncurtains, blinds or other internal window coverings; or\ncarpet; or\nmobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.\ndamage , for coverage under insurance required to be put in place under this part, means—\ndamage from earthquake, explosion, fire, lightning, storm and water; and\nglass breakage; and\ndamage from impact, malicious act, and riot.\n- (a) temporary wall, floor and ceiling coverings; or\n- (b) fixtures removable by a lessee or tenant at the end of a lease or tenancy; or\n- (c) mobile or fixed air-conditioning units servicing a particular lot; or\n- (d) curtains, blinds or other internal window coverings; or\n- (e) carpet; or\n- (f) mobile dishwashers, clothes dryers or other electrical or gas appliances not wired or plumbed in.\n- (a) damage from earthquake, explosion, fire, lightning, storm and water; and\n- (b) glass breakage; and\n- (c) damage from impact, malicious act, and riot.","sortOrder":246},{"sectionNumber":"sec.196","sectionType":"section","heading":"Disclosure of insurance details at annual general meeting","content":"### sec.196 Disclosure of insurance details at annual general meeting\n\nThis section applies to each policy of insurance held by the body corporate under this part and in force when notice of an annual general meeting is given.\nThe notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about the policy—\nthe name of the insurer;\nif any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary;\nthe amount of cover under the policy;\na summary of the type of cover under the policy;\npublic risk insurance, building insurance, common property insurance\nthe amount of the premium;\nthe amount of any excess payable on the happening of an event for which the insurance gives cover;\nthe date the cover expires;\nthe amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following—\nthe body corporate;\na member of the body corporate;\na member of the committee for the body corporate;\na person engaged as a body corporate manager or service contractor for the community titles scheme;\nan associate of a person mentioned in subparagraph (iv) .\npayments of commission or the provision of discounts\nAlso, the notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about buildings the body corporate must insure under this part—\nthe full replacement value for the buildings as stated in the most recent valuation under section 200 ;\nthe date of the valuation.\n(sec.196-ssec.1) This section applies to each policy of insurance held by the body corporate under this part and in force when notice of an annual general meeting is given.\n(sec.196-ssec.2) The notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about the policy— the name of the insurer; if any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary; the amount of cover under the policy; a summary of the type of cover under the policy; public risk insurance, building insurance, common property insurance the amount of the premium; the amount of any excess payable on the happening of an event for which the insurance gives cover; the date the cover expires; the amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following— the body corporate; a member of the body corporate; a member of the committee for the body corporate; a person engaged as a body corporate manager or service contractor for the community titles scheme; an associate of a person mentioned in subparagraph (iv) . payments of commission or the provision of discounts\n(sec.196-ssec.3) Also, the notice of the annual general meeting, or a note attached to the administrative fund budget proposed for adoption at the annual general meeting, must include the following details about buildings the body corporate must insure under this part— the full replacement value for the buildings as stated in the most recent valuation under section 200 ; the date of the valuation.\n- (a) the name of the insurer;\n- (b) if any insurance broker or intermediary was involved with the taking out of the policy—the name of the insurance broker or intermediary;\n- (c) the amount of cover under the policy;\n- (d) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (e) the amount of the premium;\n- (f) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (g) the date the cover expires;\n- (h) the amount, type and provider of any financial or other benefit given, or to be given, by the insurer, or any insurance broker or intermediary, for the insurance being taken out, to any of the following— (i) the body corporate; (ii) a member of the body corporate; (iii) a member of the committee for the body corporate; (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme; (v) an associate of a person mentioned in subparagraph (iv) . Examples of financial or other benefit— payments of commission or the provision of discounts\n- (i) the body corporate;\n- (ii) a member of the body corporate;\n- (iii) a member of the committee for the body corporate;\n- (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme;\n- (v) an associate of a person mentioned in subparagraph (iv) .\n- (i) the body corporate;\n- (ii) a member of the body corporate;\n- (iii) a member of the committee for the body corporate;\n- (iv) a person engaged as a body corporate manager or service contractor for the community titles scheme;\n- (v) an associate of a person mentioned in subparagraph (iv) .\n- (a) the full replacement value for the buildings as stated in the most recent valuation under section 200 ;\n- (b) the date of the valuation.","sortOrder":247},{"sectionNumber":"sec.197","sectionType":"section","heading":"Insurance of common property and body corporate assets","content":"### sec.197 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, to the greatest practicable extent—\ndamage; and\ncosts incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of property to its condition when new.\nThe owner of each lot that is included in the community titles scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for a policy of insurance taken out under this section that reflects the interest schedule lot entitlement of the lot.\n(sec.197-ssec.1) The body corporate must insure, for full replacement value— the common property; and the body corporate assets.\n(sec.197-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.197-ssec.3) A policy of insurance taken out under this section— must cover, to the greatest practicable extent— damage; and costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of property to its condition when new.\n(sec.197-ssec.4) The owner of each lot that is included in the community titles scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for a policy of insurance taken out under this section that reflects the interest schedule lot entitlement of the lot.\n- (a) the common property; and\n- (b) the body corporate assets.\n- (a) must cover, to the greatest practicable extent— (i) damage; and (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of property to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and","sortOrder":248},{"sectionNumber":"sec.198","sectionType":"section","heading":"Insurance of building including lots","content":"### sec.198 Insurance of building including lots\n\nThis section applies if 1 or more of the lots included in the community titles scheme are created under a building format plan of subdivision or a volumetric format plan of subdivision.\nThe body corporate must insure, for full replacement value, each building in which is located a lot included in the scheme, to the extent that the building is scheme land.\nA policy of insurance taken out under this section—\nmust cover—\ndamage; and\ncosts incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of property to its condition when new.\nThe body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\nThe body corporate need not insure a building or a part of a building under subsection (2) if—\nthe scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\nunder subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\nAlso, the body corporate need not insure a building or a part of a building under subsection (2) if—\nthe building or the part of the building is scheme land; and\nthe whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and\nthe building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and\nthe insurance is in place.\nThis section applies subject to provisions of this part about insurance of buildings mutually dependent for support on a common wall.\ns 198 amd 2024 SL No. 40 s 72\n(sec.198-ssec.1) This section applies if 1 or more of the lots included in the community titles scheme are created under a building format plan of subdivision or a volumetric format plan of subdivision.\n(sec.198-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.198-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.198-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.198-ssec.5) The body corporate need not insure a building or a part of a building under subsection (2) if— the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n(sec.198-ssec.6) Also, the body corporate need not insure a building or a part of a building under subsection (2) if— the building or the part of the building is scheme land; and the whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and the building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and the insurance is in place.\n(sec.198-ssec.7) This section applies subject to provisions of this part about insurance of buildings mutually dependent for support on a common wall.\n- (a) must cover— (i) damage; and (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of property to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of insured buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (a) the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\n- (b) under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n- (a) the building or the part of the building is scheme land; and\n- (b) the whole of the building is the subject of a building management statement registered under the Land Title Act 1994 ; and\n- (c) the building management statement provides for insurance for the building to a level comparable with insurance otherwise required under this part; and\n- (d) the insurance is in place.","sortOrder":249},{"sectionNumber":"sec.199","sectionType":"section","heading":"Insurance for buildings with common walls","content":"### sec.199 Insurance for buildings with common walls\n\nThis section applies if—\n1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and\nin 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\nThe body corporate must insure, for full replacement value, each building mentioned in subsection (1) (b) .\nA policy of insurance taken out under this section—\nmust cover—\ndamage; and\ncosts incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of the buildings to their condition when new; and\nmay give effect, in whole or part, to a voluntary insurance scheme.\nThe body corporate is liable to pay any contribution that has to be made to the cost of reinstatement or repair because the reinstatement insurance is not for the full replacement value of the insured property.\nThe body corporate need not insure a building or a part of a building under subsection (2) if—\nthe scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\nunder subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n(sec.199-ssec.1) This section applies if— 1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and in 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\n(sec.199-ssec.2) The body corporate must insure, for full replacement value, each building mentioned in subsection (1) (b) .\n(sec.199-ssec.3) A policy of insurance taken out under this section— must cover— damage; and costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of the buildings to their condition when new; and may give effect, in whole or part, to a voluntary insurance scheme.\n(sec.199-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.199-ssec.5) The body corporate need not insure a building or a part of a building under subsection (2) if— the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.\n- (a) 1 or more of the lots included in the community titles scheme are created under a standard format plan of subdivision; and\n- (b) in 1 or more cases, a building on 1 lot has a common wall with a building on an adjoining lot.\n- (a) must cover— (i) damage; and (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of the buildings to their condition when new; and\n- (c) may give effect, in whole or part, to a voluntary insurance scheme.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the buildings, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (a) the scheme is a subsidiary scheme for another community titles scheme (the other scheme ); and\n- (b) under subsection (2) , or an equivalent provision of another regulation module, the body corporate for the other scheme is required to insure the building or the part of the building.","sortOrder":250},{"sectionNumber":"sec.200","sectionType":"section","heading":"Valuation for insurance purposes","content":"### sec.200 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 community titles scheme is liable to pay a contribution levied by the body corporate for the cost of the valuation of the building or buildings that is proportionate to the amount of the premium for reinstatement insurance for the building or buildings for which the owner is liable under this part.\nThe contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.200-ssec.1) This section applies if, under this part, a body corporate must insure 1 or more buildings for full replacement value.\n(sec.200-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.200-ssec.3) The owner of each lot included in the community titles scheme is liable to pay a contribution levied by the body corporate for the cost of the valuation of the building or buildings that is proportionate to the amount of the premium for reinstatement insurance for the building or buildings for which the owner is liable under this part.\n(sec.200-ssec.4) The contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.","sortOrder":251},{"sectionNumber":"sec.201","sectionType":"section","heading":"Premium","content":"### sec.201 Premium\n\nThe owner of each lot that is included in the community titles scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for reinstatement insurance that reflects—\nfor a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and\nfor a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\nThe body corporate may adjust the contribution payable by an owner of a lot under subsection (1) in a way that fairly reflects—\nthe extent to which the premium relates to fixtures and fittings that—\nform part of the lot; and\nare of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\nthe extent to which the premium relates to improvements made to the common property that benefit the lot; or\nthe proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\nIn a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\nThe contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.201-ssec.1) The owner of each lot that is included in the community titles scheme and is covered by reinstatement insurance required to be taken out by the body corporate is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium for reinstatement insurance that reflects— for a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and for a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\n(sec.201-ssec.2) The body corporate may adjust the contribution payable by an owner of a lot under subsection (1) in a way that fairly reflects— the extent to which the premium relates to fixtures and fittings that— form part of the lot; and are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or the extent to which the premium relates to improvements made to the common property that benefit the lot; or the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot. In a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\n(sec.201-ssec.3) The contribution that the owner of a lot is liable for may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n- (a) for a lot created under a building or volumetric format plan of subdivision—the interest schedule lot entitlement of the lot; and\n- (b) for a lot created under a standard format plan of subdivision—the cost of reinstating the buildings on the lot.\n- (a) the extent to which the premium relates to fixtures and fittings that— (i) form part of the lot; and (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\n- (i) form part of the lot; and\n- (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or\n- (b) the extent to which the premium relates to improvements made to the common property that benefit the lot; or\n- (c) the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot. Example for paragraph (c) — In a community titles scheme, the owner of a lot starts a small manufacturing business requiring the use and storage of flammable chemicals. The insurance premium for the body corporate policy is increased by the insurer because of the increased risk of damage through fire. The contribution payable by the owner for the insurance premium will include the amount of the increase.\n- (i) form part of the lot; and\n- (ii) are of a higher standard than the fixtures and fittings of lots included in the scheme generally; or","sortOrder":252},{"sectionNumber":"sec.202","sectionType":"section","heading":"Improvements affecting premium","content":"### sec.202 Improvements affecting premium\n\nThis section applies if—\nimprovements are made to a lot included in the community titles scheme and, because of the improvements—\nthe fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\nthe premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\nimprovements are made to the common property, including improvements made under a right of exclusive use, licence or occupation authority, and—\nthe improvements are made for the benefit of a lot included in the scheme; and\nbecause of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\nThe owner of the lot must give the body corporate details of the nature and value of the improvements.\nThe notification must be given as soon as practicable after the improvements are substantially completed.\nIf the owner of the lot does not comply with subsections (2) and (3) , the owner must reimburse the body corporate for any payment that has to be made for the cost of reinstatement or repair of the lot, or any other lot or common property, but only to the extent that the necessity to make the payment can reasonably be attributed to the owner’s failure to comply with subsections (2) and (3) .\n(sec.202-ssec.1) This section applies if— improvements are made to a lot included in the community titles scheme and, because of the improvements— the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or improvements are made to the common property, including improvements made under a right of exclusive use, licence or occupation authority, 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.202-ssec.2) The owner of the lot must give the body corporate details of the nature and value of the improvements.\n(sec.202-ssec.3) The notification must be given as soon as practicable after the improvements are substantially completed.\n(sec.202-ssec.4) If the owner of the lot does not comply with subsections (2) and (3) , the owner must reimburse the body corporate for any payment that has to be made for the cost of reinstatement or repair of the lot, or any other lot or common property, but only to the extent that the necessity to make the payment can reasonably be attributed to the owner’s failure to comply with subsections (2) and (3) .\n- (a) improvements are made to a lot included in the community titles scheme and, because of the improvements— (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\n- (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (b) improvements are made to the common property, including improvements made under a right of exclusive use, licence or occupation authority, and— (i) the improvements are made for the benefit of a lot included in the scheme; and (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\n- (i) the improvements are made for the benefit of a lot included in the scheme; and\n- (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.\n- (i) the fixtures and fittings forming part of the lot are of a higher standard than the fixtures and fittings of lots included in the scheme generally; and\n- (ii) the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase; or\n- (i) the improvements are made for the benefit of a lot included in the scheme; and\n- (ii) because of the improvements, the premium for reinstatement insurance required to be taken out by the body corporate is likely to increase.","sortOrder":253},{"sectionNumber":"sec.203","sectionType":"section","heading":"Excess","content":"### sec.203 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 individual lots, having regard to subsections (3) and (4) .\nFor an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability.\nIf a shower screen is damaged in a lot and an insurance claim is made under the body corporate’s reinstatement insurance, the owner of the lot would be liable under subsection (3) to pay the excess unless the body corporate decides it is unreasonable for the owner to be required to pay it. However, if there is a fire within a lot caused by a short circuit in electrical wiring located in an internal partition, the body corporate might decide it would be unreasonable for the owner to be required to pay the excess.\nFor an event affecting 2 or more lots, or 1 or more lots and common property, the body corporate is liable to pay the excess unless the body corporate decides it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot, or to be shared between owners of particular lots, or between the owner of a lot and the body corporate, or between owners of particular lots and the body corporate.\n(sec.203-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.203-ssec.2) However, in putting the insurance in place, the body corporate must ensure the arrangements for the liability for an excess under the insurance would not impose an unreasonable burden on the owners of individual lots, having regard to subsections (3) and (4) .\n(sec.203-ssec.3) For an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability. If a shower screen is damaged in a lot and an insurance claim is made under the body corporate’s reinstatement insurance, the owner of the lot would be liable under subsection (3) to pay the excess unless the body corporate decides it is unreasonable for the owner to be required to pay it. However, if there is a fire within a lot caused by a short circuit in electrical wiring located in an internal partition, the body corporate might decide it would be unreasonable for the owner to be required to pay the excess.\n(sec.203-ssec.4) For an event affecting 2 or more lots, or 1 or more lots and common property, the body corporate is liable to pay the excess unless the body corporate decides it is reasonable in all the circumstances for the excess to be paid for by the owner of a particular lot, or to be shared between owners of particular lots, or between the owner of a lot and the body corporate, or between owners of particular lots and the body corporate.","sortOrder":254},{"sectionNumber":"sec.204","sectionType":"section","heading":"Insurance for buildings with no common walls","content":"### sec.204 Insurance for buildings with no common walls\n\nThis section applies if—\nthe community titles scheme is a basic scheme; 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 stand-alone building.\nThe body corporate may establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over stand-alone buildings for the owners of the lots on which they are located.\nTaking part in the voluntary insurance scheme is optional, and the owner of a lot who wants to take part in the insurance scheme must—\nnotify the body corporate of the replacement value of the stand-alone buildings to be insured; and\ncomply with other requirements under—\nthe decision of the body corporate establishing the voluntary insurance scheme; or\nthe policy of insurance.\nThe owner of a lot who takes part in the voluntary insurance scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium fairly reflecting—\nthe proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and\nthe proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\nThe contribution for which the owner of a lot is liable may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\nIf the body corporate does not establish a voluntary insurance scheme and the owner of a lot on which there is a stand-alone building makes an improvement to the common property, the owner must—\ninsure the improvement for full replacement value; and\ngive the body corporate each of the following details—\nthe nature and value of the improvement;\nthe name of the insurer of the improvement;\nthe amount of cover under the insurance policy;\na summary of the type of cover under the policy;\npublic risk insurance, building insurance, common property insurance\nthe amount of the premium;\nthe amount of any excess payable on the happening of an event for which the insurance gives cover;\nthe date the cover expires.\nA policy of insurance taken out under subsection (6) —\nmust cover, to the greatest practicable extent—\ndamage; and\ncosts incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\nmust provide for the reinstatement of the improvement to its condition when new.\n(sec.204-ssec.1) This section applies if— the community titles scheme is a basic scheme; 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 stand-alone building.\n(sec.204-ssec.2) The body corporate may establish an insurance scheme (a voluntary insurance scheme ) under which it puts in place insurance over stand-alone buildings for the owners of the lots on which they are located.\n(sec.204-ssec.3) Taking part in the voluntary insurance scheme is optional, and the owner of a lot who wants to take part in the insurance scheme must— notify the body corporate of the replacement value of the stand-alone buildings to be insured; and comply with other requirements under— the decision of the body corporate establishing the voluntary insurance scheme; or the policy of insurance.\n(sec.204-ssec.4) The owner of a lot who takes part in the voluntary insurance scheme is liable to pay a contribution levied by the body corporate that is a proportionate amount of the premium fairly reflecting— the proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\n(sec.204-ssec.5) The contribution for which the owner of a lot is liable may be recovered by the body corporate as part of the owner’s annual contribution to the administrative fund.\n(sec.204-ssec.6) If the body corporate does not establish a voluntary insurance scheme and the owner of a lot on which there is a stand-alone building makes an improvement to the common property, the owner must— insure the improvement for full replacement value; and give the body corporate each of the following details— the nature and value of the improvement; the name of the insurer of the improvement; the amount of cover under the insurance policy; a summary of the type of cover under the policy; public risk insurance, building insurance, common property insurance the amount of the premium; the amount of any excess payable on the happening of an event for which the insurance gives cover; the date the cover expires.\n(sec.204-ssec.7) A policy of insurance taken out under subsection (6) — must cover, to the greatest practicable extent— damage; and costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and must provide for the reinstatement of the improvement to its condition when new.\n- (a) the community titles scheme is a basic scheme; 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 stand-alone building.\n- (a) notify the body corporate of the replacement value of the stand-alone buildings to be insured; and\n- (b) comply with other requirements under— (i) the decision of the body corporate establishing the voluntary insurance scheme; or (ii) the policy of insurance.\n- (i) the decision of the body corporate establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (i) the decision of the body corporate establishing the voluntary insurance scheme; or\n- (ii) the policy of insurance.\n- (a) the proportion of the total replacement value of the buildings insured under the voluntary insurance scheme represented by the stand-alone buildings on the owner’s lot; and\n- (b) the proportion of the total risks covered by the policy attributable to activities carried on, or proposed to be carried on, on the owner’s lot.\n- (a) insure the improvement for full replacement value; and\n- (b) give the body corporate each of the following details— (i) the nature and value of the improvement; (ii) the name of the insurer of the improvement; (iii) the amount of cover under the insurance policy; (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance (v) the amount of the premium; (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover; (vii) the date the cover expires.\n- (i) the nature and value of the improvement;\n- (ii) the name of the insurer of the improvement;\n- (iii) the amount of cover under the insurance policy;\n- (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (v) the amount of the premium;\n- (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (vii) the date the cover expires.\n- (i) the nature and value of the improvement;\n- (ii) the name of the insurer of the improvement;\n- (iii) the amount of cover under the insurance policy;\n- (iv) a summary of the type of cover under the policy; Examples of type of cover— public risk insurance, building insurance, common property insurance\n- (v) the amount of the premium;\n- (vi) the amount of any excess payable on the happening of an event for which the insurance gives cover;\n- (vii) the date the cover expires.\n- (a) must cover, to the greatest practicable extent— (i) damage; and (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and\n- (b) must provide for the reinstatement of the improvement to its condition when new.\n- (i) damage; and\n- (ii) costs incidental to the reinstatement or replacement of the improvement, including the cost of taking away debris and the fees of architects and other professional advisers; and","sortOrder":255},{"sectionNumber":"sec.205","sectionType":"section","heading":"Combined policy of insurance","content":"### sec.205 Combined policy of insurance\n\nThis section applies if the body corporate—\nis required to put in place reinstatement insurance covering lots included in the community titles scheme; and\nelects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.\nThe body corporate may arrange with an insurer a single policy of insurance for all insurance mentioned in subsection (1) .\n(sec.205-ssec.1) This section applies if the body corporate— is required to put in place reinstatement insurance covering lots included in the community titles scheme; and elects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.\n(sec.205-ssec.2) The body corporate may arrange with an insurer a single policy of insurance for all insurance mentioned in subsection (1) .\n- (a) is required to put in place reinstatement insurance covering lots included in the community titles scheme; and\n- (b) elects under this part to put in place insurance under a voluntary insurance scheme covering other lots included in the scheme.","sortOrder":256},{"sectionNumber":"sec.206","sectionType":"section","heading":"Public risk insurance","content":"### sec.206 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 owned by a person other than the body corporate\nThe insurance must provide coverage—\nfor amounts the body corporate becomes liable to pay for—\ncompensation for death, illness and bodily injury; and\ndamage to property; and\nto the extent of—\nat least $10m for a single event; and\nat least $10m in a single period of insurance.\nIn this section—\nrelevant assets means body corporate assets for which it is practicable to maintain public risk insurance.\n(sec.206-ssec.1) The body corporate must maintain public risk insurance of the common property and relevant assets.\n(sec.206-ssec.2) The body corporate is not required to maintain public risk insurance of any other property. a lot owned by a person other than the body corporate\n(sec.206-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.206-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":257},{"sectionNumber":"sec.207","sectionType":"section","heading":"Use affecting premium","content":"### sec.207 Use affecting premium\n\nThis section applies if, because of the way that a lot is used, the premium for reinstatement insurance or the premium for public risk insurance required to be taken out by the body corporate is likely to increase.\nThe owner of the lot must give the body corporate details of the use.\n(sec.207-ssec.1) This section applies if, because of the way that a lot is used, the premium for reinstatement insurance or the premium for public risk insurance required to be taken out by the body corporate is likely to increase.\n(sec.207-ssec.2) The owner of the lot must give the body corporate details of the use.","sortOrder":258},{"sectionNumber":"sec.208","sectionType":"section","heading":"Use of insurance money not paid under voluntary insurance scheme","content":"### sec.208 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—\nif authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or\nif paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\nHowever, the amount must not be applied to the repair, reinstatement or replacement of the property if the work would, apart from this section, be unlawful.\nIf, because of the damage, the community titles scheme is to be terminated, and an order of a court under the Act , or a resolution without dissent of the body corporate, requires the application of the amount for a purpose other than the repair, reinstatement or replacement of the damaged property, the amount must be applied as follows—\nfirst, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot;\nthe balance of the amount must be applied as required by the order or resolution.\n(sec.208-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.208-ssec.2) The body corporate— if authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or if paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\n(sec.208-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.208-ssec.4) If, because of the damage, the community titles scheme is to be terminated, and an order of a court under the Act , or a resolution without dissent of the body corporate, requires the application of the amount for a purpose other than the repair, reinstatement or replacement of the damaged property, the amount must be applied as follows— first, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot; the balance of the amount must be applied as required by the order or resolution.\n- (a) if authorised by a resolution without dissent of the body corporate—may apply the amount for a purpose other than the repair, reinstatement or replacement of the damaged property; or\n- (b) if paragraph (a) does not apply—must apply the amount as soon as practicable to the repair, reinstatement or replacement of the damaged property.\n- (a) first, the amount must be applied towards the discharge of registered mortgages, but the amount applied towards a mortgage over a particular lot can not be more than the proportion of the total insurance money attributable to the lot;\n- (b) the balance of the amount must be applied as required by the order or resolution.","sortOrder":259},{"sectionNumber":"sec.209","sectionType":"section","heading":"Use of insurance money paid under voluntary insurance scheme","content":"### sec.209 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":260},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":261},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Services for and obligations of owners and occupiers","content":"## Services for and obligations of owners and occupiers","sortOrder":262},{"sectionNumber":"sec.210","sectionType":"section","heading":"Supply of services by body corporate— Act , s 158","content":"### sec.210 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 types of services—\nmaintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing;\ncommunication services including, for example, the installation and supply of telephone, intercom, computer data and television;\ndomestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating.\nThe body corporate might engage a corporation to supply PABX services for the benefit of the owners and occupiers of lots.\nThe body corporate may, by agreement with a person for whom services are supplied, charge for the services, including for the installation of, and the maintenance and other operating costs associated with, utility infrastructure for the services, but only to the extent necessary for reimbursing the body corporate for supplying the services.\nSee also section 96 of the Act .\nIn acting under subsections (1) and (2) , the body corporate must, to the greatest practicable extent, ensure the total cost to the body corporate, other than body corporate administrative costs for supplying a service, including the cost of a commercial service, and the cost of purchasing, operating, maintaining and replacing any equipment, is recovered from the users of the service.\n(sec.210-ssec.1) The body corporate may supply, or engage another person to supply, utility services and other services for the benefit of owners and occupiers of lots, if the services consist of 1 or more of the following types of services— maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing; communication services including, for example, the installation and supply of telephone, intercom, computer data and television; domestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating. The body corporate might engage a corporation to supply PABX services for the benefit of the owners and occupiers of lots.\n(sec.210-ssec.2) The body corporate may, by agreement with a person for whom services are supplied, charge for the services, including for the installation of, and the maintenance and other operating costs associated with, utility infrastructure for the services, but only to the extent necessary for reimbursing the body corporate for supplying the services. See also section 96 of the Act .\n(sec.210-ssec.3) In acting under subsections (1) and (2) , the body corporate must, to the greatest practicable extent, ensure the total cost to the body corporate, other than body corporate administrative costs for supplying a service, including the cost of a commercial service, and the cost of purchasing, operating, maintaining and replacing any equipment, is recovered from the users of the service.\n- (a) maintenance services including, for example, cleaning, repairing, painting, pest prevention or extermination and mowing;\n- (b) communication services including, for example, the installation and supply of telephone, intercom, computer data and television;\n- (c) domestic services including, for example, electricity, gas, water, garbage removal, air conditioning and heating.","sortOrder":263},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Condition of lot","content":"## Condition of lot","sortOrder":264},{"sectionNumber":"sec.211","sectionType":"section","heading":"Obligations of owners and occupiers— Act , s 160","content":"### sec.211 Obligations of owners and occupiers— Act , s 160\n\nThis section applies only to a lot that is not a community titles scheme.\nAn occupier of a lot included in the scheme must keep in a clean and tidy condition the parts of the lot readily observable from another lot or common property.\nThe owner of a lot included in the scheme must maintain the lot in good condition.\nThe owner’s obligation under subsection (3) does not apply to a part of the lot the body corporate is required under this regulation to maintain in good condition.\nThe owner of a lot included in the scheme must maintain in good condition the utility infrastructure within the boundaries of the lot, and not part of common property and, if the utility infrastructure is in need of replacement, must replace it.\n(sec.211-ssec.1) This section applies only to a lot that is not a community titles scheme.\n(sec.211-ssec.2) An occupier of a lot included in the scheme must keep in a clean and tidy condition the parts of the lot readily observable from another lot or common property.\n(sec.211-ssec.3) The owner of a lot included in the scheme must maintain the lot in good condition.\n(sec.211-ssec.4) The owner’s obligation under subsection (3) does not apply to a part of the lot the body corporate is required under this regulation to maintain in good condition.\n(sec.211-ssec.5) The owner of a lot included in the scheme must maintain in good condition the utility infrastructure within the boundaries of the lot, and not part of common property and, if the utility infrastructure is in need of replacement, must replace it.","sortOrder":265},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Power to act for owners and occupiers","content":"## Power to act for owners and occupiers","sortOrder":266},{"sectionNumber":"sec.212","sectionType":"section","heading":"Body corporate may carry out work required of owners and occupiers— Act , s 161","content":"### sec.212 Body corporate may carry out work required of owners and occupiers— Act , s 161\n\nThis section applies if the owner or occupier of a lot included in the community titles scheme does not carry out work that the owner or occupier has an obligation to carry out under—\na provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or\na notice given under another Act or a Commonwealth Act; or\nthe community management statement, including the by-laws; or\nan adjudicator’s order; or\nthe order of a court or QCAT.\nThe body corporate may carry out the work, and may recover the reasonable cost of carrying out the work from the owner of the lot as a debt.\n(sec.212-ssec.1) This section applies if the owner or occupier of a lot included in the community titles scheme does not carry out work that the owner or occupier has an obligation to carry out under— a provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or a notice given under another Act or a Commonwealth Act; or the community management statement, including the by-laws; or an adjudicator’s order; or the order of a court or QCAT.\n(sec.212-ssec.2) The body corporate may carry out the work, and may recover the reasonable cost of carrying out the work from the owner of the lot as a debt.\n- (a) a provision of the Act or this regulation, including a provision requiring an owner or occupier to maintain a lot included in the scheme; or\n- (b) a notice given under another Act or a Commonwealth Act; or\n- (c) the community management statement, including the by-laws; or\n- (d) an adjudicator’s order; or\n- (e) the order of a court or QCAT.","sortOrder":267},{"sectionNumber":"sec.213","sectionType":"section","heading":"Body corporate’s power to take action to remedy defective building work— Act , s 162","content":"### sec.213 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 the community titles scheme is defective, the body corporate may bring a proceeding under the Queensland Building and Construction Commission Act 1991 or another law to have the defect remedied.\nIf a body corporate brings a proceeding under this section, the body corporate is subrogated to the contractual and other rights of the person for whom the building work was carried out.\n(sec.213-ssec.1) If building work carried out for the owner of a lot included in the community titles scheme is defective, the body corporate may bring a proceeding under the Queensland Building and Construction Commission Act 1991 or another law to have the defect remedied.\n(sec.213-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":268},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Purpose of chapter","content":"# Purpose of chapter","sortOrder":269},{"sectionNumber":"sec.214","sectionType":"section","heading":"Purpose of chapter","content":"### sec.214 Purpose of chapter\n\nThe purpose of this chapter is to prescribe matters about the rights and obligations of the body corporate for a community titles scheme for administrative arrangements and other general matters relating to the scheme.","sortOrder":270},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Address for service and related matters","content":"# Address for service and related matters","sortOrder":271},{"sectionNumber":"sec.215","sectionType":"section","heading":"Definitions for part","content":"### sec.215 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 .","sortOrder":272},{"sectionNumber":"sec.216","sectionType":"section","heading":"Address for service","content":"### sec.216 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 .\n(sec.216-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.216-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.216-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.216-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":273},{"sectionNumber":"sec.217","sectionType":"section","heading":"Change of address","content":"### sec.217 Change of address\n\nA person may change the person’s residential or business address or address for service by notice given to the body corporate.","sortOrder":274},{"sectionNumber":"sec.218","sectionType":"section","heading":"Giving documents or information to lot owners or relevant persons— Act , s 315A","content":"### sec.218 Giving documents or information to lot owners or relevant persons— Act , s 315A\n\nFor section 315A of the Act —\nif the document or information is given under sections 163 (3) (a) , 219 to 222 , 233A or 233C —the way stated in the section is prescribed; or\notherwise—the following ways are prescribed—\ndelivering it to the owner, or relevant person, personally;\nsending it to the owner’s, or relevant person’s, address for service;\nif an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement.\nA lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\ns 218 sub 2024 SL No. 40 s 73\n- (a) if the document or information is given under sections 163 (3) (a) , 219 to 222 , 233A or 233C —the way stated in the section is prescribed; or\n- (b) otherwise—the following ways are prescribed— (i) delivering it to the owner, or relevant person, personally; (ii) sending it to the owner’s, or relevant person’s, address for service; (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\n- (i) delivering it to the owner, or relevant person, personally;\n- (ii) sending it to the owner’s, or relevant person’s, address for service;\n- (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.\n- (i) delivering it to the owner, or relevant person, personally;\n- (ii) sending it to the owner’s, or relevant person’s, address for service;\n- (iii) if an agreement exists between the owner, or relevant person, and the body corporate that provides for the owner, or relevant person, to nominate another way for the document or information to be given—in accordance with the agreement. Example of a nominated way of receiving documents for subparagraph (iii) — A lot owner nominates that a body corporate may give the owner a document by sending the owner written instructions on how the owner may access and download a document from an online file-sharing website.","sortOrder":275},{"sectionNumber":"sec.219","sectionType":"section","heading":"Giving documents or information to lot owners for casting votes on motion by secret ballot","content":"### sec.219 Giving documents or information to lot owners for casting votes on motion by secret ballot\n\nThis section applies if a motion at a meeting is to be decided by secret ballot.\nIf written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 87 (3) (d) (i) are given to the owner—\nby delivering them to the owner personally; or\nby posting them to the owner’s address for service.\nHowever, subsection (2) does not apply in relation to an owner of a lot if—\nthe body corporate has passed a resolution under section 111 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and\nthe owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 87 (3) (d) (i) ; and\nthe owner’s address for service includes an email address.\nThe owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings.\n(sec.219-ssec.1) This section applies if a motion at a meeting is to be decided by secret ballot.\n(sec.219-ssec.2) If written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 87 (3) (d) (i) are given to the owner— by delivering them to the owner personally; or by posting them to the owner’s address for service.\n(sec.219-ssec.3) However, subsection (2) does not apply in relation to an owner of a lot if— the body corporate has passed a resolution under section 111 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and the owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 87 (3) (d) (i) ; and the owner’s address for service includes an email address.\n(sec.219-ssec.4) The owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings.\n- (a) by delivering them to the owner personally; or\n- (b) by posting them to the owner’s address for service.\n- (a) the body corporate has passed a resolution under section 111 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and\n- (b) the owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 87 (3) (d) (i) ; and\n- (c) the owner’s address for service includes an email address.","sortOrder":276},{"sectionNumber":"sec.220","sectionType":"section","heading":"Giving documents or information to lot owners for casting votes for committee by secret ballot","content":"### sec.220 Giving documents or information to lot owners for casting votes for committee by secret ballot\n\nThis section applies if an election for a committee is to be decided by secret ballot.\nIf written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 22 (6) are given to the owner—\nby delivering them to the owner personally; or\nby posting them to the owner’s address for service.\nHowever, subsection (2) does not apply in relation to an owner of a lot if—\nthe body corporate has passed a motion under section 24 that provides that voters may cast votes electronically for an election for a committee held by secret ballot; and\nthe owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 22 (6) ; and\nthe owner’s address for service includes an email address.\nThe owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings.\n(sec.220-ssec.1) This section applies if an election for a committee is to be decided by secret ballot.\n(sec.220-ssec.2) If written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 22 (6) are given to the owner— by delivering them to the owner personally; or by posting them to the owner’s address for service.\n(sec.220-ssec.3) However, subsection (2) does not apply in relation to an owner of a lot if— the body corporate has passed a motion under section 24 that provides that voters may cast votes electronically for an election for a committee held by secret ballot; and the owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 22 (6) ; and the owner’s address for service includes an email address.\n(sec.220-ssec.4) The owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings.\n- (a) by delivering them to the owner personally; or\n- (b) by posting them to the owner’s address for service.\n- (a) the body corporate has passed a motion under section 24 that provides that voters may cast votes electronically for an election for a committee held by secret ballot; and\n- (b) the owner has given notice to the body corporate in a way mentioned in section 221 (2) that the owner does not want to be given a hard copy of the items mentioned in section 22 (6) ; and\n- (c) the owner’s address for service includes an email address.","sortOrder":277},{"sectionNumber":"sec.221","sectionType":"section","heading":"Giving documents or information to persons in a way mentioned in this section","content":"### sec.221 Giving documents or information to persons in a way mentioned in this section\n\nThis section applies if, under a provision of this regulation, a document or information, may be given to a person in a way mentioned in subsection (2) .\nThe document or information may be given—\npersonally; or\nby post; or\nby facsimile; or\nby electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.\nscanning a voting paper and emailing it to the secretary\n(sec.221-ssec.1) This section applies if, under a provision of this regulation, a document or information, may be given to a person in a way mentioned in subsection (2) .\n(sec.221-ssec.2) The document or information may be given— personally; or by post; or by facsimile; or by electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. scanning a voting paper and emailing it to the secretary\n- (a) personally; or\n- (b) by post; or\n- (c) by facsimile; or\n- (d) by electronic communication in accordance with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. Example of giving a document under paragraph (d) — scanning a voting paper and emailing it to the secretary","sortOrder":278},{"sectionNumber":"sec.222","sectionType":"section","heading":"Service of documents or information on secretary generally","content":"### sec.222 Service of documents or information on secretary generally\n\nThis section applies if this regulation requires or permits a lot owner to give a document or information to, or serve a document on, the secretary of a body corporate for a scheme.\nThe requirement or permission is taken to be satisfied if the lot owner gives the document or information to, or serves the document on, a body corporate manager who has been authorised by the body corporate under section 119 (2) of the Act to exercise some or all of the powers of the secretary of the body corporate.\n(sec.222-ssec.1) This section applies if this regulation requires or permits a lot owner to give a document or information to, or serve a document on, the secretary of a body corporate for a scheme.\n(sec.222-ssec.2) The requirement or permission is taken to be satisfied if the lot owner gives the document or information to, or serves the document on, a body corporate manager who has been authorised by the body corporate under section 119 (2) of the Act to exercise some or all of the powers of the secretary of the body corporate.","sortOrder":279},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Notices, roll and registers","content":"# Notices, roll and registers","sortOrder":280},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Notices","content":"## Notices","sortOrder":281},{"sectionNumber":"sec.223","sectionType":"section","heading":"Notices of transfer and other matters— Act , s 201","content":"### sec.223 Notices of transfer and other matters— Act , s 201\n\nThis section applies to a lot included in the community titles scheme if 1 or more of the following events happens—\na person becomes the owner of the lot by transfer, transmission, or in another way;\na leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;\nthe owner of the lot engages a person to act for the owner in the letting or leasing of the lot;\nthe engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;\nthe lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;\nan interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\nThe person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event.\nMaximum penalty—20 penalty units.\nThe notice must—\nfor an event mentioned in subsection (1) (a) —\nbe given by the person who becomes the owner of the lot; and\nstate the person’s name and residential or business address; and\nunless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\ngive brief details about the way the person became the owner of the lot; and\nfor an event mentioned in subsection (1) (b) —\nbe given by the owner of the lot; and\nfor a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\nfor the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\nfor the termination of a leasehold interest—state when the interest was terminated; and\nfor an event mentioned in subsection (1) (c) —\nbe given by the owner of the lot; and\nstate the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\nfor an event mentioned in subsection (1) (d) —\nbe given by the owner of the lot; and\nstate when the engagement of the person was terminated; and\nfor an event mentioned in subsection (1) (e) or (f) —\nbe given by the registered mortgagee; and\nstate the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n(sec.223-ssec.1) This section applies to a lot included in the community titles scheme if 1 or more of the following events happens— a person becomes the owner of the lot by transfer, transmission, or in another way; a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated; the owner of the lot engages a person to act for the owner in the letting or leasing of the lot; the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated; the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot; an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\n(sec.223-ssec.2) The person identified in subsection (3) as the person who must give a notice to the body corporate must give a written notice, containing the information mentioned in the subsection, to the body corporate within 1 month after the event concerned happens or the person becomes aware of the happening of the event. Maximum penalty—20 penalty units.\n(sec.223-ssec.3) The notice must— for an event mentioned in subsection (1) (a) — be given by the person who becomes the owner of the lot; and state the person’s name and residential or business address; and unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and give brief details about the way the person became the owner of the lot; and for an event mentioned in subsection (1) (b) — be given by the owner of the lot; and for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and for the termination of a leasehold interest—state when the interest was terminated; and for an event mentioned in subsection (1) (c) — be given by the owner of the lot; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and for an event mentioned in subsection (1) (d) — be given by the owner of the lot; and state when the engagement of the person was terminated; and for an event mentioned in subsection (1) (e) or (f) — be given by the registered mortgagee; and state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (a) a person becomes the owner of the lot by transfer, transmission, or in another way;\n- (b) a leasehold interest in the lot is created by lease or sublease for a term of 6 months or more, or a leasehold interest in the lot with 6 months or more to run is transferred or terminated;\n- (c) the owner of the lot engages a person to act for the owner in the letting or leasing of the lot;\n- (d) the engagement of a person to act for the owner of the lot in the letting or leasing of the lot is terminated;\n- (e) the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot;\n- (f) an interest in the lot is the subject of a registered mortgage, and the mortgagee enters into possession of the lot.\n- (a) for an event mentioned in subsection (1) (a) — (i) be given by the person who becomes the owner of the lot; and (ii) state the person’s name and residential or business address; and (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and (iv) give brief details about the way the person became the owner of the lot; and\n- (i) be given by the person who becomes the owner of the lot; and\n- (ii) state the person’s name and residential or business address; and\n- (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\n- (iv) give brief details about the way the person became the owner of the lot; and\n- (b) for an event mentioned in subsection (1) (b) — (i) be given by the owner of the lot; and (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\n- (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\n- (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (c) for an event mentioned in subsection (1) (c) — (i) be given by the owner of the lot; and (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (i) be given by the owner of the lot; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (d) for an event mentioned in subsection (1) (d) — (i) be given by the owner of the lot; and (ii) state when the engagement of the person was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) state when the engagement of the person was terminated; and\n- (e) for an event mentioned in subsection (1) (e) or (f) — (i) be given by the registered mortgagee; and (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (i) be given by the registered mortgagee; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.\n- (i) be given by the person who becomes the owner of the lot; and\n- (ii) state the person’s name and residential or business address; and\n- (iii) unless the person’s address for service is the residential or business address given under subparagraph (ii) , and the address given is an Australian address—state the person’s address for service; and\n- (iv) give brief details about the way the person became the owner of the lot; and\n- (i) be given by the owner of the lot; and\n- (ii) for a lease or sublease—state the name, residential or business address, and address for service, if different from the residential or business address given, of the lessee or sublessee, and must state the term of the lease or sublease; and\n- (iii) for the transfer of a leasehold interest—state the name, residential or business address, and address for service, if different from the residential or business address given, of the transferee; and\n- (iv) for the termination of a leasehold interest—state when the interest was terminated; and\n- (i) be given by the owner of the lot; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the person engaged; and\n- (i) be given by the owner of the lot; and\n- (ii) state when the engagement of the person was terminated; and\n- (i) be given by the registered mortgagee; and\n- (ii) state the name, residential or business address, and address for service, if different from the residential or business address given, of the registered mortgagee.","sortOrder":282},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Roll and registers— Act , s 204","content":"## Roll and registers— Act , s 204","sortOrder":283},{"sectionNumber":"sec.224","sectionType":"section","heading":"Roll of lots and entitlements","content":"### sec.224 Roll of lots and entitlements\n\nThe body corporate must prepare and keep a roll containing the information required by this section.\nThe roll must contain—\nthe name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and\nthe contribution schedule lot entitlement of each lot included in the community titles scheme; and\nthe interest schedule lot entitlement of each lot included in the scheme; and\nthe name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and\nif the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and\nif there is a mortgagee in possession of a lot—\nthe name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\nwhen the body corporate received notice of the mortgagee’s entering into possession; and\nif the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\nthe information contained in any notice or instrument required to be given to the body corporate under sections 101 , 102 , 103 , 217 and 223 , including when the information was given; and\nbrief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n(sec.224-ssec.1) The body corporate must prepare and keep a roll containing the information required by this section.\n(sec.224-ssec.2) The roll must contain— the name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and the contribution schedule lot entitlement of each lot included in the community titles scheme; and the interest schedule lot entitlement of each lot included in the scheme; and the name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and if the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and if there is a mortgagee in possession of a lot— the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and when the body corporate received notice of the mortgagee’s entering into possession; and if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and the information contained in any notice or instrument required to be given to the body corporate under sections 101 , 102 , 103 , 217 and 223 , including when the information was given; and brief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n- (a) the name, residential or business address, and address for service, if different from the residential or business address, of the original owner; and\n- (b) the contribution schedule lot entitlement of each lot included in the community titles scheme; and\n- (c) the interest schedule lot entitlement of each lot included in the scheme; and\n- (d) the name, residential or business address, and address for service, if different from the residential or business address, of the current owner, or the current co-owners, of each lot included in the scheme; and\n- (e) if the original owner, or the owner of a lot, is a corporation registered under the Corporations Law—the corporation’s Australian Company Number or Australian Registered Body Number; and\n- (f) if there is a mortgagee in possession of a lot— (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and (ii) when the body corporate received notice of the mortgagee’s entering into possession; and (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\n- (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\n- (ii) when the body corporate received notice of the mortgagee’s entering into possession; and\n- (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and\n- (g) the information contained in any notice or instrument required to be given to the body corporate under sections 101 , 102 , 103 , 217 and 223 , including when the information was given; and\n- (h) brief details of the information contained in any notice required, or permitted, to be given to the body corporate under the Act , including when the information was given.\n- (i) the name, residential or business address, and address for service, if different from the residential or business address, of the mortgagee in possession; and\n- (ii) when the body corporate received notice of the mortgagee’s entering into possession; and\n- (iii) if the mortgagee in possession gives notice of an intention not to enforce the mortgage—when the body corporate received notice of the mortgagee’s intention not to enforce the mortgage, together with brief details of the notice; and","sortOrder":284},{"sectionNumber":"sec.225","sectionType":"section","heading":"When body corporate must record information on roll","content":"### sec.225 When body corporate must record information on roll\n\nThe body corporate must record information required to be contained on the roll within 14 days after the body corporate receives the information.","sortOrder":285},{"sectionNumber":"sec.226","sectionType":"section","heading":"Register of assets","content":"### sec.226 Register of assets\n\nThe body corporate must keep a register of body corporate assets and record in it all body corporate assets of more than $1,000 in value.\nThe register must show the following details for each asset recorded—\na brief description of the asset;\nwhether the asset was purchased or was a gift;\nwhen the asset became a body corporate asset;\nif the asset was purchased—\nthe cost of the asset; and\nthe name and address of the person from whom the asset was purchased;\nif the asset was a gift—\nits estimated value; and\nthe name and address of the donor.\n(sec.226-ssec.1) The body corporate must keep a register of body corporate assets and record in it all body corporate assets of more than $1,000 in value.\n(sec.226-ssec.2) The register must show the following details for each asset recorded— a brief description of the asset; whether the asset was purchased or was a gift; when the asset became a body corporate asset; if the asset was purchased— the cost of the asset; and the name and address of the person from whom the asset was purchased; if the asset was a gift— its estimated value; and the name and address of the donor.\n- (a) a brief description of the asset;\n- (b) whether the asset was purchased or was a gift;\n- (c) when the asset became a body corporate asset;\n- (d) if the asset was purchased— (i) the cost of the asset; and (ii) the name and address of the person from whom the asset was purchased;\n- (i) the cost of the asset; and\n- (ii) the name and address of the person from whom the asset was purchased;\n- (e) if the asset was a gift— (i) its estimated value; and (ii) the name and address of the donor.\n- (i) its estimated value; and\n- (ii) the name and address of the donor.\n- (i) the cost of the asset; and\n- (ii) the name and address of the person from whom the asset was purchased;\n- (i) its estimated value; and\n- (ii) the name and address of the donor.","sortOrder":286},{"sectionNumber":"sec.227","sectionType":"section","heading":"Register of engagements and authorisations","content":"### sec.227 Register of engagements and authorisations\n\nThe body corporate must keep a register of each engagement by the body corporate of a person as a body corporate manager or service contractor, and each authorisation of a person as a letting agent.\nThe register must show the following details for each engagement or authorisation—\nthe name and address of the body corporate manager, service contractor or letting agent (the contractor );\nfor an engagement—\na statement of the duties the contractor is required to perform; and\na statement of the basis on which the contractor is remunerated;\nwhen the engagement or authorisation takes effect, and the term of the engagement or authorisation;\nfor an engagement of a person as a body corporate manager, other than a chapter 3 , part 5 engagement—the powers of an executive member of the committee the contractor is authorised to exercise.\nAlso, an original, executed copy of the contract or other arrangement under which the person is engaged as a body corporate manager or service contractor, or authorised as a letting agent, must be kept as part of the register.\nThe body corporate must note in the register—\nthe giving to the body corporate of a written notice that a person is a financier of the contract or other arrangement under which a person is engaged as a service contractor, or authorised as a letting agent; and\nthe giving to the body corporate of a written notice withdrawing a written notice mentioned in paragraph (a) .\n(sec.227-ssec.1) The body corporate must keep a register of each engagement by the body corporate of a person as a body corporate manager or service contractor, and each authorisation of a person as a letting agent.\n(sec.227-ssec.2) The register must show the following details for each engagement or authorisation— the name and address of the body corporate manager, service contractor or letting agent (the contractor ); for an engagement— a statement of the duties the contractor is required to perform; and a statement of the basis on which the contractor is remunerated; when the engagement or authorisation takes effect, and the term of the engagement or authorisation; for an engagement of a person as a body corporate manager, other than a chapter 3 , part 5 engagement—the powers of an executive member of the committee the contractor is authorised to exercise.\n(sec.227-ssec.3) Also, an original, executed copy of the contract or other arrangement under which the person is engaged as a body corporate manager or service contractor, or authorised as a letting agent, must be kept as part of the register.\n(sec.227-ssec.4) The body corporate must note in the register— the giving to the body corporate of a written notice that a person is a financier of the contract or other arrangement under which a person is engaged as a service contractor, or authorised as a letting agent; and the giving to the body corporate of a written notice withdrawing a written notice mentioned in paragraph (a) .\n- (a) the name and address of the body corporate manager, service contractor or letting agent (the contractor );\n- (b) for an engagement— (i) a statement of the duties the contractor is required to perform; and (ii) a statement of the basis on which the contractor is remunerated;\n- (i) a statement of the duties the contractor is required to perform; and\n- (ii) a statement of the basis on which the contractor is remunerated;\n- (c) when the engagement or authorisation takes effect, and the term of the engagement or authorisation;\n- (d) for an engagement of a person as a body corporate manager, other than a chapter 3 , part 5 engagement—the powers of an executive member of the committee the contractor is authorised to exercise.\n- (i) a statement of the duties the contractor is required to perform; and\n- (ii) a statement of the basis on which the contractor is remunerated;\n- (a) the giving to the body corporate of a written notice that a person is a financier of the contract or other arrangement under which a person is engaged as a service contractor, or authorised as a letting agent; and\n- (b) the giving to the body corporate of a written notice withdrawing a written notice mentioned in paragraph (a) .","sortOrder":287},{"sectionNumber":"sec.228","sectionType":"section","heading":"Register of authorisations affecting the common property","content":"### sec.228 Register of authorisations affecting the common property\n\nThe body corporate must keep a register for recording each authorisation for a service contractor or letting agent to occupy a particular part of common property.\nSee section 157 .\nThe register mentioned in subsection (1) must include the following details about the authorisation—\nwhen the resolution approving the authorisation was passed;\na description of the area of common property authorised for occupation;\nany conditions, including conditions as to use of the common property by other persons, stated in the authorisation.\nThe body corporate must keep a register for recording each authorisation for the owner of a lot included in the community titles scheme to make an improvement to common property for the benefit of the owner’s lot.\nSee section 187 .\nThe register mentioned in subsection (3) must include the following details about the authorisation—\nwhen the authorisation was given;\na description of the area of common property authorised for use for the improvement;\nany conditions, including conditions as to use of the common property by other persons, stated in the authorisation;\nif an adjudicator ordered the body corporate to consent to the improvement—when the order was made.\n(sec.228-ssec.1) The body corporate must keep a register for recording each authorisation for a service contractor or letting agent to occupy a particular part of common property. See section 157 .\n(sec.228-ssec.2) The register mentioned in subsection (1) must include the following details about the authorisation— when the resolution approving the authorisation was passed; a description of the area of common property authorised for occupation; any conditions, including conditions as to use of the common property by other persons, stated in the authorisation.\n(sec.228-ssec.3) The body corporate must keep a register for recording each authorisation for the owner of a lot included in the community titles scheme to make an improvement to common property for the benefit of the owner’s lot. See section 187 .\n(sec.228-ssec.4) The register mentioned in subsection (3) must include the following details about the authorisation— when the authorisation was given; a description of the area of common property authorised for use for the improvement; any conditions, including conditions as to use of the common property by other persons, stated in the authorisation; if an adjudicator ordered the body corporate to consent to the improvement—when the order was made.\n- (a) when the resolution approving the authorisation was passed;\n- (b) a description of the area of common property authorised for occupation;\n- (c) any conditions, including conditions as to use of the common property by other persons, stated in the authorisation.\n- (a) when the authorisation was given;\n- (b) a description of the area of common property authorised for use for the improvement;\n- (c) any conditions, including conditions as to use of the common property by other persons, stated in the authorisation;\n- (d) if an adjudicator ordered the body corporate to consent to the improvement—when the order was made.","sortOrder":288},{"sectionNumber":"sec.229","sectionType":"section","heading":"Register of allocations under exclusive use by-law","content":"### sec.229 Register of allocations under exclusive use by-law\n\nThis section applies if there is an exclusive use by-law, and, under the by-law, a person is authorised to allocate parts of the common property or body corporate assets for the purpose of the by-law.\nThe body corporate must keep a register of allocations, including an allocation under a reallocation agreement mentioned in chapter 3 , part 5 , division 2 of the Act , made under the exclusive use by-law.\nThe register must identify the following about each allocation—\nthe exclusive use by-law under which the allocation was made;\nthe common property or body corporate asset allocated;\nthe lot in whose favour the allocation was made.\n(sec.229-ssec.1) This section applies if there is an exclusive use by-law, and, under the by-law, a person is authorised to allocate parts of the common property or body corporate assets for the purpose of the by-law.\n(sec.229-ssec.2) The body corporate must keep a register of allocations, including an allocation under a reallocation agreement mentioned in chapter 3 , part 5 , division 2 of the Act , made under the exclusive use by-law.\n(sec.229-ssec.3) The register must identify the following about each allocation— the exclusive use by-law under which the allocation was made; the common property or body corporate asset allocated; the lot in whose favour the allocation was made.\n- (a) the exclusive use by-law under which the allocation was made;\n- (b) the common property or body corporate asset allocated;\n- (c) the lot in whose favour the allocation was made.","sortOrder":289},{"sectionNumber":"sec.230","sectionType":"section","heading":"Register of reserved issues","content":"### sec.230 Register of reserved issues\n\nA body corporate must keep a register of reserved issues if the body corporate, by ordinary resolution, reserves an issue for decision by ordinary resolution of the body corporate.\nThe following details about each reserved issue must be included in the register—\na description of the issue;\nthe date of the ordinary resolution of the body corporate reserving the issue.\nWhen notice of an annual general meeting for the body corporate is given, the notice must be accompanied by a copy of the register of reserved issues.\nIn this section—\nreserved issue means an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate.\n(sec.230-ssec.1) A body corporate must keep a register of reserved issues if the body corporate, by ordinary resolution, reserves an issue for decision by ordinary resolution of the body corporate.\n(sec.230-ssec.2) The following details about each reserved issue must be included in the register— a description of the issue; the date of the ordinary resolution of the body corporate reserving the issue.\n(sec.230-ssec.3) When notice of an annual general meeting for the body corporate is given, the notice must be accompanied by a copy of the register of reserved issues.\n(sec.230-ssec.4) In this section— reserved issue means an issue reserved, by ordinary resolution of the body corporate, for decision by ordinary resolution of the body corporate.\n- (a) a description of the issue;\n- (b) the date of the ordinary resolution of the body corporate reserving the issue.","sortOrder":290},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Documents, information and other matters","content":"# Documents, information and other matters","sortOrder":291},{"sectionNumber":"sec.231","sectionType":"section","heading":"Keeping and disposal of records— Act , s 204","content":"### sec.231 Keeping and disposal of records— Act , s 204\n\nThe body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal—\nthe body corporate’s accounting records and statements of account for each financial year;\nnotices given in relation to the community titles scheme by a public authority, local government or other authority;\norders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;\neach policy of insurance the body corporate puts in place;\ndocuments evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent;\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;\ndocuments evidencing each engagement of a service contractor or authorisation of a letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else;\ncorrespondence received by the body corporate, and correspondence sent by the body corporate;\nall minutes of meetings of the committee and all associated committee meeting material;\nall minutes of general meetings of the body corporate, and all associated general meeting material;\nreports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement;\nany reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices;\nnotices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.\nThe following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form—\nminutes of committee meetings and general meetings, including attachments;\nthe body corporate’s roll;\nregisters the body corporate is required to maintain.\nThe following documents may be disposed of 6 years after their creation or receipt—\nstatements of account, including certificates of auditors;\nnotices of meetings, including agendas and attachments;\ndocuments evidencing or detailing major repairs or installations carried out on the common property;\norders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;\nnotices given in relation to the scheme by a public authority, local government or other authority;\nwritten agreements to which the body corporate is a party;\nreports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\nThe following documents may be disposed of 2 years after their creation or receipt—\nassociated committee meeting material and associated general meeting material, other than material mentioned in subsection (3) (b) ;\ncorrespondence of no significance or continuing interest;\nreconciliation statements and associated financial institution statements and invoices.\nDespite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following—\na contract that is in force for longer than 6 years;\na notice required to be given to the body corporate, if the information included in the notice is still current information.\nIn this section—\nassociated committee meeting material means the following material related to meetings of the committee—\nnotices of meetings, including agendas and attachments;\ncommittee member proxy appointment documents;\nnotices for resolutions to be passed other than at a meeting, and the responses of committee members;\nnotices of resolutions either sent to owners or exhibited on the noticeboard, if the notices are given other than in the minutes of the relevant committee meetings;\nnotices of opposition to committee resolutions;\nnotices of resignation by committee members;\nwritten agreements of committee members reducing the notice period for committee meetings.\nassociated general meeting material means the following material related to general meetings of the body corporate—\nnotices calling for nominations for committee positions;\nnotices by owners requesting general meetings;\nnotices of meetings, including agendas, hard copy voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;\nnotices of motion received, including explanatory notes for motions;\nnominations for election as a committee member;\nproxy appointment documents;\ncompleted voting papers, including ballot papers and secret voting documentation, for motions and election ballots;\nvoting tally sheets or other records showing votes for motions and election ballots;\nnotices of objection by owners of lots to meeting locations;\ncopies of instruments, notices and powers of attorney given to the body corporate under section 101 , 102 or 103 .\n(sec.231-ssec.1) The body corporate must keep the following, subject to the operation of subsections (3) and (4) permitting their disposal— the body corporate’s accounting records and statements of account for each financial year; notices given in relation to the community titles scheme by a public authority, local government or other authority; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority; each policy of insurance the body corporate puts in place; documents evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent; 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; documents evidencing each engagement of a service contractor or authorisation of a letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else; correspondence received by the body corporate, and correspondence sent by the body corporate; all minutes of meetings of the committee and all associated committee meeting material; all minutes of general meetings of the body corporate, and all associated general meeting material; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement; any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices; notices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.\n(sec.231-ssec.2) The following documents may be kept by the body corporate in their original paper form or in photographic or electronic image form— minutes of committee meetings and general meetings, including attachments; the body corporate’s roll; registers the body corporate is required to maintain.\n(sec.231-ssec.3) The following documents may be disposed of 6 years after their creation or receipt— statements of account, including certificates of auditors; notices of meetings, including agendas and attachments; documents evidencing or detailing major repairs or installations carried out on the common property; orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders; notices given in relation to the scheme by a public authority, local government or other authority; written agreements to which the body corporate is a party; reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\n(sec.231-ssec.4) The following documents may be disposed of 2 years after their creation or receipt— associated committee meeting material and associated general meeting material, other than material mentioned in subsection (3) (b) ; correspondence of no significance or continuing interest; reconciliation statements and associated financial institution statements and invoices.\n(sec.231-ssec.5) Despite subsections (3) and (4) , a document may not be disposed of if it is a document having current relevance to the scheme, including, for example, the following— a contract that is in force for longer than 6 years; a notice required to be given to the body corporate, if the information included in the notice is still current information.\n(sec.231-ssec.6) In this section— associated committee meeting material means the following material related to meetings of the committee— notices of meetings, including agendas and attachments; committee member proxy appointment documents; notices for resolutions to be passed other than at a meeting, and the responses of committee members; notices of resolutions either sent to owners or exhibited on the noticeboard, if the notices are given other than in the minutes of the relevant committee meetings; notices of opposition to committee resolutions; notices of resignation by committee members; written agreements of committee members reducing the notice period for committee meetings. associated general meeting material means the following material related to general meetings of the body corporate— notices calling for nominations for committee positions; notices by owners requesting general meetings; notices of meetings, including agendas, hard copy voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices; notices of motion received, including explanatory notes for motions; nominations for election as a committee member; proxy appointment documents; completed voting papers, including ballot papers and secret voting documentation, for motions and election ballots; voting tally sheets or other records showing votes for motions and election ballots; notices of objection by owners of lots to meeting locations; copies of instruments, notices and powers of attorney given to the body corporate under section 101 , 102 or 103 .\n- (a) the body corporate’s accounting records and statements of account for each financial year;\n- (b) notices given in relation to the community titles scheme by a public authority, local government or other authority;\n- (c) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority;\n- (d) each policy of insurance the body corporate puts in place;\n- (e) documents evidencing each engagement of a body corporate manager or service contractor, and each authorisation of a letting agent;\n- (f) each agreement between the body corporate and the owner of a lot included in the scheme about the giving of rights, or the imposing of conditions, under an exclusive use by-law;\n- (g) documents evidencing each engagement of a service contractor or authorisation of a letting agent to occupy a part of the common property, and each authorisation of access to, or use of, part of the common property by someone else;\n- (h) correspondence received by the body corporate, and correspondence sent by the body corporate;\n- (i) all minutes of meetings of the committee and all associated committee meeting material;\n- (j) all minutes of general meetings of the body corporate, and all associated general meeting material;\n- (k) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement;\n- (l) any reconciliation statement prepared for an account kept for the sinking or administrative fund and the associated financial institution statement and invoices;\n- (m) notices for resolutions of the committee to be passed other than at a meeting, and the responses of committee members.\n- (a) minutes of committee meetings and general meetings, including attachments;\n- (b) the body corporate’s roll;\n- (c) registers the body corporate is required to maintain.\n- (a) statements of account, including certificates of auditors;\n- (b) notices of meetings, including agendas and attachments;\n- (c) documents evidencing or detailing major repairs or installations carried out on the common property;\n- (d) orders made against the body corporate, or in relation to the scheme, by a judicial or administrative authority, and documents relating to those orders;\n- (e) notices given in relation to the scheme by a public authority, local government or other authority;\n- (f) written agreements to which the body corporate is a party;\n- (g) reports given to members of the body corporate by a body corporate manager acting under a chapter 3 , part 5 engagement.\n- (a) associated committee meeting material and associated general meeting material, other than material mentioned in subsection (3) (b) ;\n- (b) correspondence of no significance or continuing interest;\n- (c) reconciliation statements and associated financial institution statements and invoices.\n- (a) a contract that is in force for longer than 6 years;\n- (b) a notice required to be given to the body corporate, if the information included in the notice is still current information.\n- (a) notices of meetings, including agendas and attachments;\n- (b) committee member proxy appointment documents;\n- (c) notices for resolutions to be passed other than at a meeting, and the responses of committee members;\n- (d) notices of resolutions either sent to owners or exhibited on the noticeboard, if the notices are given other than in the minutes of the relevant committee meetings;\n- (e) notices of opposition to committee resolutions;\n- (f) notices of resignation by committee members;\n- (g) written agreements of committee members reducing the notice period for committee meetings.\n- (a) notices calling for nominations for committee positions;\n- (b) notices by owners requesting general meetings;\n- (c) notices of meetings, including agendas, hard copy voting papers, ballot papers, secret voting documentation, budgets, statements of account, certificates of auditors, tender documents and other attachments accompanying notices;\n- (d) notices of motion received, including explanatory notes for motions;\n- (e) nominations for election as a committee member;\n- (f) proxy appointment documents;\n- (g) completed voting papers, including ballot papers and secret voting documentation, for motions and election ballots;\n- (h) voting tally sheets or other records showing votes for motions and election ballots;\n- (i) notices of objection by owners of lots to meeting locations;\n- (j) copies of instruments, notices and powers of attorney given to the body corporate under section 101 , 102 or 103 .","sortOrder":292},{"sectionNumber":"sec.232","sectionType":"section","heading":"Access to records— Act , s 204","content":"### sec.232 Access to records— Act , s 204\n\nThe body corporate must allow all members of its committee reasonable access, without payment of a fee, to the body corporate’s records.\nHowever, the body corporate is not required to allow a person access to records under this section if a legal proceeding between the body corporate and the person has started or is threatened and the records are privileged from disclosure.\nAlso, the body corporate is not required to allow a person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.\n(sec.232-ssec.1) The body corporate must allow all members of its committee reasonable access, without payment of a fee, to the body corporate’s records.\n(sec.232-ssec.2) However, the body corporate is not required to allow a person access to records under this section if a legal proceeding between the body corporate and the person has started or is threatened and the records are privileged from disclosure.\n(sec.232-ssec.3) Also, the body corporate is not required to allow a person access to a part of a record under this section if the body corporate reasonably believes the part contains defamatory material.","sortOrder":293},{"sectionNumber":"sec.233","sectionType":"section","heading":"Fee for information given to interested persons— Act , s 205","content":"### sec.233 Fee for information given to interested persons— Act , s 205\n\nFor section 205 (2) of the Act —\nthe prescribed fee for inspection of the body corporate’s records is—\nif the person inspecting the records is an owner of a lot—18.25 fee units; or\nif the person inspecting the records is not an owner of a lot—35.10 fee units; and\nthe prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\nFor section 205 (5) of the Act , the fee prescribed is—\nif the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or\notherwise—76.75 fee units.\nA request for a body corporate certificate under section 205 (4) of the Act may include a request for the certificate to be given within 24 hours.\nA request for a body corporate certificate that includes a request made under subsection (3) must be accompanied by a priority fee of 27.35 fee units.\nThe priority fee payable under subsection (4) —\nis in addition to the fee payable under subsection (2) ; and\nmust be refunded if the requested body corporate certificate is not given within 24 hours.\nSubsection (7) applies for working out the amount of a fee under this section.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nSubsection (1) (a) (i) prescribes a fee of 18.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 18.25 would be $27.375. Because $27.375 is halfway between $27.35 and $27.40, it is rounded upwards, so the amount of the fee for subsection (1) (a) (i) would be $27.40.\ns 233 amd 2021 SL No. 84 s 22 ; 2022 SL No. 79 s 27 ; 2025 SL No. 50 s 26\n(sec.233-ssec.1) For section 205 (2) of the Act — the prescribed fee for inspection of the body corporate’s records is— if the person inspecting the records is an owner of a lot—18.25 fee units; or if the person inspecting the records is not an owner of a lot—35.10 fee units; and the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n(sec.233-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.233-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.233-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.233-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.233-ssec.6) Subsection (7) applies for working out the amount of a fee under this section.\n(sec.233-ssec.7) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). Subsection (1) (a) (i) prescribes a fee of 18.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 18.25 would be $27.375. Because $27.375 is halfway between $27.35 and $27.40, it is rounded upwards, so the amount of the fee for subsection (1) (a) (i) would be $27.40.\n- (a) the prescribed fee for inspection of the body corporate’s records is— (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or\n- (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (b) the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n- (i) if the person inspecting the records is an owner of a lot—18.25 fee units; or\n- (ii) if the person inspecting the records is not an owner of a lot—35.10 fee units; and\n- (a) if the person requesting the body corporate certificate for the lot has requested, and been given, a body corporate certificate for the same lot within the previous 3 months—65.24 fee units; or\n- (b) otherwise—76.75 fee units.\n- (a) is in addition to the fee payable under subsection (2) ; and\n- (b) must be refunded if the requested body corporate certificate is not given within 24 hours.","sortOrder":294},{"sectionNumber":"sec.233A","sectionType":"section","heading":"Giving information to interested person— Act , s 205","content":"### sec.233A 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 233A ins 2024 SL No. 40 s 74\n- (a) by post; or\n- (b) by delivering it to the person personally.","sortOrder":295},{"sectionNumber":"sec.233AA","sectionType":"section","heading":"Matters that must be included in approved form for body corporate certificate— Act , s 205AAA","content":"### sec.233AA 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 regulation module applying to the scheme; and\nthe name and contact details of each person who is responsible for keeping body corporate records; and\nthe name and contact details of any body corporate manager for the scheme; and\nthe unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\nannual contributions fixed by the body corporate as payable by the owner of the lot;\nspecial contributions fixed by the body corporate as payable by the owner of the lot;\ndiscounts that apply to the payment of contributions;\npenalties that apply to the payment of contributions;\nother amounts associated with ownership of the lot that are payable to the body corporate;\nthe interest schedule lot entitlement for the lot;\nthe contribution schedule lot entitlement for the lot;\nany of the following amounts owed to the body corporate by the owner of the lot—\na contribution or an instalment of a contribution;\na penalty for not paying a contribution or an instalment of a contribution by the date for payment;\nanother amount associated with ownership of the lot;\nthe body corporate’s sinking fund balance;\nthe insurance held by the body corporate;\nany engagement by the body corporate of a person as a caretaking service contractor for the scheme;\nany authorisation by the body corporate of a person to conduct a letting agent business for the scheme;\nwhether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;\nimprovements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot;\neach body corporate asset that is required to be recorded on a register the body corporate keeps;\nany arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\nwhether the scheme is part of a layered arrangement of community titles schemes;\nthe most recent statement of accounts prepared under section 175 ;\nif the scheme was established for an existing 1980 plan—\nif the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\nif the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\nThe approved form may include provision for the following documents to be given with the form—\na document stating the details of each insurance policy held by the body corporate;\na copy of the statement of accounts mentioned in subsection (1) (t) ;\na document setting out the by-laws mentioned in subsection (1) (u) (i) in consolidated form;\na document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (u) (ii) .\nIn this section—\nstandard statement see section 339 of the Act .\ns 233AA ins 2024 SL No. 210 s 21\n(sec.233AA-ssec.1) For section 205AAA (a) of the Act , the following matters are prescribed— details of the lot and plan of subdivision, including— whether the lot is included in— a standard format plan of subdivision; or a building format plan of subdivision; or a volumetric plan of subdivision; and the lot number and plan number; details of the scheme, including— the name of the scheme; and the regulation module applying to the scheme; and the name and contact details of each person who is responsible for keeping body corporate records; and the name and contact details of any body corporate manager for the scheme; and the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ; annual contributions fixed by the body corporate as payable by the owner of the lot; special contributions fixed by the body corporate as payable by the owner of the lot; discounts that apply to the payment of contributions; penalties that apply to the payment of contributions; other amounts associated with ownership of the lot that are payable to the body corporate; the interest schedule lot entitlement for the lot; the contribution schedule lot entitlement for the lot; any of the following amounts owed to the body corporate by the owner of the lot— a contribution or an instalment of a contribution; a penalty for not paying a contribution or an instalment of a contribution by the date for payment; another amount associated with ownership of the lot; the body corporate’s sinking fund balance; the insurance held by the body corporate; any engagement by the body corporate of a person as a caretaking service contractor for the scheme; any authorisation by the body corporate of a person to conduct a letting agent business for the scheme; whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included; improvements on common property that a person will become responsible for maintaining in good condition if the person becomes the owner of the lot; each body corporate asset that is required to be recorded on a register the body corporate keeps; any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network; whether the scheme is part of a layered arrangement of community titles schemes; the most recent statement of accounts prepared under section 175 ; if the scheme was established for an existing 1980 plan— if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n(sec.233AA-ssec.2) The approved form may include provision for the following documents to be given with the form— a document stating the details of each insurance policy held by the body corporate; a copy of the statement of accounts mentioned in subsection (1) (t) ; a document setting out the by-laws mentioned in subsection (1) (u) (i) in consolidated form; a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (u) (ii) .\n(sec.233AA-ssec.3) In this section— standard statement see section 339 of the Act .\n- (a) details of the lot and plan of subdivision, including— (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and (ii) the lot number and plan number;\n- (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (ii) the lot number and plan number;\n- (b) details of the scheme, including— (i) the name of the scheme; and (ii) the regulation module applying to the scheme; and (iii) the name and contact details of each person who is responsible for keeping body corporate records; and (iv) the name and contact details of any body corporate manager for the scheme; and (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (i) the name of the scheme; and\n- (ii) the regulation module applying to the scheme; and\n- (iii) the name and contact details of each person who is responsible for keeping body corporate records; and\n- (iv) the name and contact details of any body corporate manager for the scheme; and\n- (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (c) annual contributions fixed by the body corporate as payable by the owner of the lot;\n- (d) special contributions fixed by the body corporate as payable by the owner of the lot;\n- (e) discounts that apply to the payment of contributions;\n- (f) penalties that apply to the payment of contributions;\n- (g) other amounts associated with ownership of the lot that are payable to the body corporate;\n- (h) the interest schedule lot entitlement for the lot;\n- (i) the contribution schedule lot entitlement for the lot;\n- (j) any of the following amounts owed to the body corporate by the owner of the lot— (i) a contribution or an instalment of a contribution; (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment; (iii) another amount associated with ownership of the lot;\n- (i) a contribution or an instalment of a contribution;\n- (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment;\n- (iii) another amount associated with ownership of the lot;\n- (k) the body corporate’s sinking fund balance;\n- (l) the insurance held by the body corporate;\n- (m) any engagement by the body corporate of a person as a caretaking service contractor for the scheme;\n- (n) any authorisation by the body corporate of a person to conduct a letting agent business for the scheme;\n- (o) whether a building management statement under the Land Title Act 1994 applies to the scheme in which the lot is included;\n- (p) 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- (q) each body corporate asset that is required to be recorded on a register the body corporate keeps;\n- (r) any arrangement to supply electricity to owners of lots or occupiers of lots in the scheme through an embedded electricity network;\n- (s) whether the scheme is part of a layered arrangement of community titles schemes;\n- (t) the most recent statement of accounts prepared under section 175 ;\n- (u) if the scheme was established for an existing 1980 plan— (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\n- (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (i) whether the lot is included in— (A) a standard format plan of subdivision; or (B) a building format plan of subdivision; or (C) a volumetric plan of subdivision; and\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (ii) the lot number and plan number;\n- (A) a standard format plan of subdivision; or\n- (B) a building format plan of subdivision; or\n- (C) a volumetric plan of subdivision; and\n- (i) the name of the scheme; and\n- (ii) the regulation module applying to the scheme; and\n- (iii) the name and contact details of each person who is responsible for keeping body corporate records; and\n- (iv) the name and contact details of any body corporate manager for the scheme; and\n- (v) the unique identifying number allocated for the scheme under the Land Title Act 1994 , section 115E (2) ;\n- (i) a contribution or an instalment of a contribution;\n- (ii) a penalty for not paying a contribution or an instalment of a contribution by the date for payment;\n- (iii) another amount associated with ownership of the lot;\n- (i) if the most recent community management statement for the scheme as recorded under the Land Title Act 1994 , section 115L or another Act is a standard statement that states that the by-laws as at 13 July 2000 apply—the by-laws in effect for the scheme; and\n- (ii) if the community management statement for the scheme does not include all exclusive use by-laws or other allocations of common property, including, for example, variations or transpositions of common property—the exclusive use by-laws or other allocations of common property in effect for the scheme that are not included in the statement.\n- (a) a document stating the details of each insurance policy held by the body corporate;\n- (b) a copy of the statement of accounts mentioned in subsection (1) (t) ;\n- (c) a document setting out the by-laws mentioned in subsection (1) (u) (i) in consolidated form;\n- (d) a document setting out the exclusive use by-laws, or other allocations of common property, mentioned in subsection (1) (u) (ii) .","sortOrder":296},{"sectionNumber":"sec.233B","sectionType":"section","heading":"Fee for information given to interested person (layered arrangement)— Act , s 205AAB","content":"### sec.233B Fee for information given to interested person (layered arrangement)— Act , s 205AAB\n\nFor section 205AAB (2) of the Act —\nthe prescribed fee for inspecting the records is—\nif the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\nif a body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\nif the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\nthe prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\nSection 233 (7) applies for working out the amount of a fee under this section.\ns 233B ins 2024 SL No. 40 s 74\namd 2025 SL No. 50 s 27\n(sec.233B-ssec.1) For section 205AAB (2) of the Act — the prescribed fee for inspecting the records is— if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or if a body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n(sec.233B-ssec.2) Section 233 (7) applies for working out the amount of a fee under this section.\n- (a) the prescribed fee for inspecting the records is— (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or (ii) if a body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\n- (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\n- (ii) if a body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\n- (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and\n- (b) the prescribed fee for obtaining a copy of a record kept by the body corporate is 0.65 fee units for each page supplied.\n- (i) if the person inspecting the records is the owner of a lot included in another scheme that is included in the layered arrangement—18.25 fee units; or\n- (ii) if a body corporate for another scheme that is included in the layered arrangement is inspecting the records—18.25 fee units; or\n- (iii) if the person inspecting the records is not a person mentioned in subparagraph (i) or (ii) —35.10 fee units; and","sortOrder":297},{"sectionNumber":"sec.233C","sectionType":"section","heading":"Giving information to interested person (layered arrangement)— Act , s 205AAB","content":"### sec.233C Giving information to interested person (layered arrangement)— Act , s 205AAB\n\nFor section 205AAB (2) (b) (ii) of the Act , the prescribed way is—\nby post; or\nby delivering it to the person personally.\ns 233C ins 2024 SL No. 40 s 74\n- (a) by post; or\n- (b) by delivering it to the person personally.","sortOrder":298},{"sectionNumber":"sec.234","sectionType":"section","heading":"Documents in custody of body corporate manager","content":"### sec.234 Documents in custody of body corporate manager\n\nThis section applies if—\na person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and\nthe person holds the document in photographic or electronic image form; and\nthe person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\nThe body corporate may require the person—\nto give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or\nto reproduce, and give to the body corporate, the document in paper form.\nThe person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2) .\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.234-ssec.1) This section applies if— a person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and the person holds the document in photographic or electronic image form; and the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\n(sec.234-ssec.2) The body corporate may require the person— to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or to reproduce, and give to the body corporate, the document in paper form.\n(sec.234-ssec.3) The person must, at the person’s own expense, comply with a requirement of the body corporate under subsection (2) . Maximum penalty for subsection (3) —20 penalty units.\n- (a) a person engaged as a body corporate manager for a community titles scheme has custody of a document of the body corporate; and\n- (b) the person holds the document in photographic or electronic image form; and\n- (c) the person’s engagement as body corporate manager expires and is not renewed, or is otherwise brought to an end.\n- (a) to give to the body corporate the document in the form of a disc, tape or other article or any material from which writings or messages are capable of being produced or reproduced, with or without the aid of another article or device, if the form is immediately accessible by the body corporate; or\n- (b) to reproduce, and give to the body corporate, the document in paper form.","sortOrder":299},{"sectionNumber":"sec.235","sectionType":"section","heading":"Return of body corporate property","content":"### sec.235 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 community titles scheme;\na record or other document of a body corporate; and\nthe person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as—\na member, or an associate of a member, of the body corporate or of the committee; or\na body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\nan original owner; and\nthe person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to—\na member of the committee who is named in the notice; or\nif a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\nThe person must comply with the notice.\nMaximum penalty—20 penalty units.\nThe person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\nIn this section—\nprescribed notice means—\na notice of a resolution of the committee; or\nif a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.\ns 235 amd 2024 SL No. 40 s 75\n(sec.235-ssec.1) This section applies if— a person has possession or control of any of the following property (the specified property )— a body corporate asset for a community titles scheme; a record or other document of a body corporate; and the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— a member, or an associate of a member, of the body corporate or of the committee; or a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or an original owner; and the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— a member of the committee who is named in the notice; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n(sec.235-ssec.2) The person must comply with the notice. Maximum penalty—20 penalty units.\n(sec.235-ssec.3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .\n(sec.235-ssec.4) In this section— prescribed notice means— a notice of a resolution of the committee; or if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.\n- (a) a person has possession or control of any of the following property (the specified property )— (i) a body corporate asset for a community titles scheme; (ii) a record or other document of a body corporate; and\n- (i) a body corporate asset for a community titles scheme;\n- (ii) a record or other document of a body corporate; and\n- (b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as— (i) a member, or an associate of a member, of the body corporate or of the committee; or (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or (iii) an original owner; and\n- (i) a member, or an associate of a member, of the body corporate or of the committee; or\n- (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\n- (iii) an original owner; and\n- (c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to— (i) a member of the committee who is named in the notice; or (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (i) a member of the committee who is named in the notice; or\n- (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (i) a body corporate asset for a community titles scheme;\n- (ii) a record or other document of a body corporate; and\n- (i) a member, or an associate of a member, of the body corporate or of the committee; or\n- (ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or\n- (iii) an original owner; and\n- (i) a member of the committee who is named in the notice; or\n- (ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.\n- (a) a notice of a resolution of the committee; or\n- (b) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.","sortOrder":300},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":301},{"sectionNumber":"sec.236","sectionType":"section","heading":null,"content":"### Section sec.236\n\ns 236 om 2024 SL No. 40 s 76","sortOrder":302},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":303},{"sectionNumber":"sec.237","sectionType":"section","heading":"Repeal","content":"### sec.237 Repeal\n\nThe Body Corporate and Community Management (Standard Module) Regulation 2008 , SL No. 273 is repealed.","sortOrder":304},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":305},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Purposes, definitions and general approach","content":"## Purposes, definitions and general approach","sortOrder":306},{"sectionNumber":"sec.238","sectionType":"section","heading":"Main purposes of part","content":"### sec.238 Main purposes of part\n\nThe main purposes of this part are as follows—\nto provide for provisions of this regulation that are substantially the same as provisions of the repealed regulation to be dealt with as replacements of the provisions of the repealed regulation;\nto provide for the continuation of particular matters dealt with under the repealed regulation;\nto provide for matters that were not dealt with in the repealed regulation that are dealt with under this regulation.\n- (a) to provide for provisions of this regulation that are substantially the same as provisions of the repealed regulation to be dealt with as replacements of the provisions of the repealed regulation;\n- (b) to provide for the continuation of particular matters dealt with under the repealed regulation;\n- (c) to provide for matters that were not dealt with in the repealed regulation that are dealt with under this regulation.","sortOrder":307},{"sectionNumber":"sec.239","sectionType":"section","heading":"Definitions for part","content":"### sec.239 Definitions for part\n\nIn this part—\nauthorised action or document means an action done or a document made or kept under a repealed provision.\ncorresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision.\nmade includes given and issued.\nobligation includes duty.\nrepealed , in relation to a stated provision that includes a number, means the provision of the repealed regulation with that number immediately before the repeal of that regulation.\nrepealed provision means a provision of the repealed regulation as in force immediately before the commencement.\nrepealed regulation means the Body Corporate and Community Management (Standard Module) Regulation 2008 .","sortOrder":308},{"sectionNumber":"sec.240","sectionType":"section","heading":"Authorised action or document, obligation or protection under repealed provision","content":"### sec.240 Authorised action or document, obligation or protection under repealed provision\n\nThis section applies to—\nan authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and\nan entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and\na protection under a repealed provision that applied to an entity immediately before the commencement.\nSubject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a repealed provision, if there is a corresponding provision to the repealed provision, the authorised action or document, obligation or protection—\ncontinues in force or to have effect according to its terms; but\nis taken to have been done, made, kept or applied under the corresponding provision.\nSubsection (2)(b) applies whether or not the repealed provision refers to the authorised action or document, obligation or protection by reference to a provision of the repealed regulation.\nIn this section—\nprotection includes a statement that—\nthere is no liability; and\nthere is no invalidity; and\na person has an entitlement.\n(sec.240-ssec.1) This section applies to— an authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and an entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and a protection under a repealed provision that applied to an entity immediately before the commencement.\n(sec.240-ssec.2) Subject to a specific provision of this regulation in relation to an authorised action or document, obligation or protection under a repealed provision, if there is a corresponding provision to the repealed provision, the authorised action or document, obligation or protection— continues in force or to have effect according to its terms; but is taken to have been done, made, kept or applied under the corresponding provision.\n(sec.240-ssec.3) Subsection (2)(b) applies whether or not the repealed provision refers to the authorised action or document, obligation or protection by reference to a provision of the repealed regulation.\n(sec.240-ssec.4) In this section— protection includes a statement that— there is no liability; and there is no invalidity; and a person has an entitlement.\n- (a) an authorised action or document if the authorised action or document continued to have effect or was in force immediately before the commencement; and\n- (b) an entity’s obligation under a repealed provision if the obligation applied to the entity immediately before the commencement; and\n- (c) a protection under a repealed provision that applied to an entity immediately before the commencement.\n- (a) continues in force or to have effect according to its terms; but\n- (b) is taken to have been done, made, kept or applied under the corresponding provision.\n- (a) there is no liability; and\n- (b) there is no invalidity; and\n- (c) a person has an entitlement.","sortOrder":309},{"sectionNumber":"sec.241","sectionType":"section","heading":"Terminology in things mentioned in s 240(1)","content":"### sec.241 Terminology in things mentioned in s 240(1)\n\nThis section applies to a document that is—\nany of the things mentioned in section 240(1), including, for example, an authorised action or document; or\nevidence of any of the things.\nA reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this regulation.\nA proxy form given under the repealed regulation for a general meeting called but not held before the commencement is to be read as if the appointment of the proxy to which it relates were made under this regulation.\n(sec.241-ssec.1) This section applies to a document that is— any of the things mentioned in section 240(1), including, for example, an authorised action or document; or evidence of any of the things.\n(sec.241-ssec.2) A reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this regulation. A proxy form given under the repealed regulation for a general meeting called but not held before the commencement is to be read as if the appointment of the proxy to which it relates were made under this regulation.\n- (a) any of the things mentioned in section 240(1), including, for example, an authorised action or document; or\n- (b) evidence of any of the things.","sortOrder":310},{"sectionNumber":"sec.242","sectionType":"section","heading":"Period stated in repealed provision","content":"### sec.242 Period stated in repealed provision\n\nThis section applies if, in a repealed provision, there is a period for doing something, and the period for doing the thing started before the commencement and did not end before the commencement.\nIf there is a corresponding provision to the repealed provision and both the corresponding provision and the repealed provision state the same period, the period for the thing continues to have started from when the period started under the repealed provision.\nIf there is a corresponding provision to the repealed provision and the corresponding provision and the repealed provision state different periods—\nthe period stated in the repealed provision applies; and\nthe period for the thing continues to have started from when the period started under the repealed provision.\n(sec.242-ssec.1) This section applies if, in a repealed provision, there is a period for doing something, and the period for doing the thing started before the commencement and did not end before the commencement.\n(sec.242-ssec.2) If there is a corresponding provision to the repealed provision and both the corresponding provision and the repealed provision state the same period, the period for the thing continues to have started from when the period started under the repealed provision.\n(sec.242-ssec.3) If there is a corresponding provision to the repealed provision and the corresponding provision and the repealed provision state different periods— the period stated in the repealed provision applies; and the period for the thing continues to have started from when the period started under the repealed provision.\n- (a) the period stated in the repealed provision applies; and\n- (b) the period for the thing continues to have started from when the period started under the repealed provision.","sortOrder":311},{"sectionNumber":"sec.243","sectionType":"section","heading":"Period or date stated in document given under repealed provision","content":"### sec.243 Period or date stated in document given under repealed provision\n\nThis section applies if—\na repealed provision provided for a document to be made under it; and\nthere is a corresponding provision to the repealed provision; and\nunder the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\na remedial action notice under repealed section 130 that states a date by which a person must comply with the notice\nIf the document stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the repealed provision.\nIf the document stated a date before when or by when a thing is to be done, however expressed, the thing must be done by the stated date.\n(sec.243-ssec.1) This section applies if— a repealed provision provided for a document to be made under it; and there is a corresponding provision to the repealed provision; and under the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. a remedial action notice under repealed section 130 that states a date by which a person must comply with the notice\n(sec.243-ssec.2) If the document stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the repealed provision.\n(sec.243-ssec.3) If the document stated a date before when or by when a thing is to be done, however expressed, the thing must be done by the stated date.\n- (a) a repealed provision provided for a document to be made under it; and\n- (b) there is a corresponding provision to the repealed provision; and\n- (c) under the repealed provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. Example— a remedial action notice under repealed section 130 that states a date by which a person must comply with the notice\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the repealed provision.","sortOrder":312},{"sectionNumber":"sec.244","sectionType":"section","heading":"References to repealed regulation","content":"### sec.244 References to repealed regulation\n\nIn an Act or document, a reference to the repealed regulation is taken, if the context permits, to be a reference to this regulation.","sortOrder":313},{"sectionNumber":"sec.245","sectionType":"section","heading":"Acts Interpretation Act 1954, s 20 not limited","content":"### sec.245 Acts Interpretation Act 1954, s 20 not limited\n\nThis part does not limit the Acts Interpretation Act 1954 , section 20.","sortOrder":314},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Specific provisions","content":"## Specific provisions","sortOrder":315},{"sectionNumber":"sec.246","sectionType":"section","heading":"When is general meeting called for this division","content":"### sec.246 When is general meeting called for this division\n\nFor this division, a general meeting is taken to have been called on the day notice of the meeting is given to each owner of a lot included in the community titles scheme and, if notice is given on different days, on the day the last of the owners is given notice.","sortOrder":316},{"sectionNumber":"sec.247","sectionType":"section","heading":"General meetings of body corporate and committee meetings called before commencement","content":"### sec.247 General meetings of body corporate and committee meetings called before commencement\n\nThis section applies to a general meeting of a body corporate, or a meeting of the committee, called but not held before the commencement.\nThe repealed regulation continues to apply to a procedural step taken to call the meeting, and to the conduct of the meeting, as if this regulation had not been made and the repealed regulation continued in force.\nFor this section and without limiting section 246—\na general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and\nrepealed section 69 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and\nrepealed sections 77 and 79 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.\n(sec.247-ssec.1) This section applies to a general meeting of a body corporate, or a meeting of the committee, called but not held before the commencement.\n(sec.247-ssec.2) The repealed regulation continues to apply to a procedural step taken to call the meeting, and to the conduct of the meeting, as if this regulation had not been made and the repealed regulation continued in force.\n(sec.247-ssec.3) For this section and without limiting section 246— a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and repealed section 69 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and repealed sections 77 and 79 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.\n- (a) a general meeting of a body corporate is taken to have been called if the secretary has given to each owner of a lot a notice inviting the owner to nominate a person for election, at the meeting, as a member of the committee; and\n- (b) repealed section 69 continues to have effect for the purposes of the meeting as if this regulation had not been made and the repealed regulation continued in force; and\n- (c) repealed sections 77 and 79 continue to apply to an original owner as if this regulation had not been made and the repealed regulation continued in force.","sortOrder":317},{"sectionNumber":"sec.248","sectionType":"section","heading":"Duty to consider defect assessment motion","content":"### sec.248 Duty to consider defect assessment motion\n\nSection 181(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.\nHowever, section 181(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.\nSection 181(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\nproperty, other than body corporate assets the body corporate must insure for full replacement value under section 197(1), 198(2) or 199(2), is included on scheme land.\nHowever, section 181(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after—\na request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\nproperty, other than body corporate assets the body corporate must insure for full replacement value under sections 197(1), 198(2) or 199(2) is included on scheme land.\n(sec.248-ssec.1) Section 181(1) applies in relation to a body corporate that, before the commencement, has not called the annual general meeting of the body corporate immediately following the first annual general meeting of the body corporate.\n(sec.248-ssec.2) However, section 181(1) does not apply in relation to a body corporate that, before the commencement, has called but not held the annual general meeting immediately following the first annual general meeting of the body corporate.\n(sec.248-ssec.3) Section 181(2) applies in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has not called the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or property, other than body corporate assets the body corporate must insure for full replacement value under section 197(1), 198(2) or 199(2), is included on scheme land.\n(sec.248-ssec.4) However, section 181(2) does not apply in relation to a body corporate for a scheme that is intended to be developed progressively that, before the commencement, has called but not held the annual general meeting that is called immediately after— a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or property, other than body corporate assets the body corporate must insure for full replacement value under sections 197(1), 198(2) or 199(2) is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\n- (b) property, other than body corporate assets the body corporate must insure for full replacement value under section 197(1), 198(2) or 199(2), is included on scheme land.\n- (a) a request to record a new community management statement for the scheme is lodged under section 56 of the Act ; or\n- (b) property, other than body corporate assets the body corporate must insure for full replacement value under sections 197(1), 198(2) or 199(2) is included on scheme land.","sortOrder":318},{"sectionNumber":"sec.249","sectionType":"section","heading":"Committee elections","content":"### sec.249 Committee elections\n\nThis section applies for an election of a committee of a body corporate after the commencement in relation to which notices under repealed section 16 were served on each owner of a lot, or at least 1 of the notices was served on an owner of a lot, by the secretary before the commencement.\nThe repealed regulation continues to have effect for the purposes of the election of the committee as if this regulation had not been made and the repealed regulation continued in force.\n(sec.249-ssec.1) This section applies for an election of a committee of a body corporate after the commencement in relation to which notices under repealed section 16 were served on each owner of a lot, or at least 1 of the notices was served on an owner of a lot, by the secretary before the commencement.\n(sec.249-ssec.2) The repealed regulation continues to have effect for the purposes of the election of the committee as if this regulation had not been made and the repealed regulation continued in force.","sortOrder":319},{"sectionNumber":"sec.250","sectionType":"section","heading":"Notice for breach of code of conduct","content":"### sec.250 Notice for breach of code of conduct\n\nThis section applies if, before the commencement—\nthe body corporate gave a notice under repealed section 34 to a voting member of the body corporate’s committee; and\na motion, mentioned in repealed section 35(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.\nRepealed sections 34 and 35 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.\n(sec.250-ssec.1) This section applies if, before the commencement— the body corporate gave a notice under repealed section 34 to a voting member of the body corporate’s committee; and a motion, mentioned in repealed section 35(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.\n(sec.250-ssec.2) Repealed sections 34 and 35 continue to have effect in relation to the voting member as if this regulation had not been made and the repealed regulation continued in force.\n- (a) the body corporate gave a notice under repealed section 34 to a voting member of the body corporate’s committee; and\n- (b) a motion, mentioned in repealed section 35(2)(a), to remove the member from office for breaching the code of conduct for the member has not been decided.","sortOrder":320},{"sectionNumber":"sec.251","sectionType":"section","heading":"Disclosure of commission or other benefit","content":"### sec.251 Disclosure of commission or other benefit\n\nThis section applies if, before the commencement—\na person has given written notice to the body corporate under repealed section 135(2); and\nthe body corporate has not made a decision to enter into the contract to which the notice relates.\nRepealed section 135 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.\n(sec.251-ssec.1) This section applies if, before the commencement— a person has given written notice to the body corporate under repealed section 135(2); and the body corporate has not made a decision to enter into the contract to which the notice relates.\n(sec.251-ssec.2) Repealed section 135 continues to apply in relation to the notice as if this regulation had not been made and the repealed regulation continued in force.\n- (a) a person has given written notice to the body corporate under repealed section 135(2); and\n- (b) the body corporate has not made a decision to enter into the contract to which the notice relates.","sortOrder":321},{"sectionNumber":"sec.252","sectionType":"section","heading":"Existing proposals about spending by committee","content":"### sec.252 Existing proposals about spending by committee\n\nThis section applies if—\nbefore the commencement—\nnotice of a committee meeting has been given but the meeting has not been held; or\nnotice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and\nthere is a proposal to be decided by the committee at the meeting, or in the motion to be moved outside a committee meeting, involving spending above the relevant limit for committee spending for the community titles scheme.\nRepealed section 151 continues to apply in relation to the proposal.\n(sec.252-ssec.1) This section applies if— before the commencement— notice of a committee meeting has been given but the meeting has not been held; or notice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and there is a proposal to be decided by the committee at the meeting, or in the motion to be moved outside a committee meeting, involving spending above the relevant limit for committee spending for the community titles scheme.\n(sec.252-ssec.2) Repealed section 151 continues to apply in relation to the proposal.\n- (a) before the commencement— (i) notice of a committee meeting has been given but the meeting has not been held; or (ii) notice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and\n- (i) notice of a committee meeting has been given but the meeting has not been held; or\n- (ii) notice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and\n- (b) there is a proposal to be decided by the committee at the meeting, or in the motion to be moved outside a committee meeting, involving spending above the relevant limit for committee spending for the community titles scheme.\n- (i) notice of a committee meeting has been given but the meeting has not been held; or\n- (ii) notice of a motion to be moved outside a committee meeting has been given under repealed section 54 but the motion has not been decided; and","sortOrder":322},{"sectionNumber":"sec.253","sectionType":"section","heading":"Continuation of approved forms","content":"### sec.253 Continuation of approved forms\n\nThis section applies if—\na form was approved by the chief executive for use for a repealed provision before the commencement; and\nthe form was in force immediately before the commencement; and\nthere is a corresponding provision to the repealed provision.\nThe form continues to have effect for this regulation until the end of 30 April 2021 and must be read with necessary changes.\n(sec.253-ssec.1) This section applies if— a form was approved by the chief executive for use for a repealed provision before the commencement; and the form was in force immediately before the commencement; and there is a corresponding provision to the repealed provision.\n(sec.253-ssec.2) The form continues to have effect for this regulation until the end of 30 April 2021 and must be read with necessary changes.\n- (a) a form was approved by the chief executive for use for a repealed provision before the commencement; and\n- (b) the form was in force immediately before the commencement; and\n- (c) there is a corresponding provision to the repealed provision.","sortOrder":323},{"sectionNumber":"sec.254","sectionType":"section","heading":"Continuation of repealed s 229","content":"### sec.254 Continuation of repealed s 229\n\nRepealed section 229 continues to apply as if this regulation had not been made and the repealed regulation continued in force.","sortOrder":324},{"sectionNumber":"sec.255","sectionType":"section","heading":"Notices for roll given before commencement","content":"### sec.255 Notices for roll given before commencement\n\nThis section applies in relation to a notice given to a body corporate under repealed section 193 before the commencement.\nSection 224(2)(g) does not apply to the notice.\nHowever, to the extent the notice contains any information mentioned in section 224(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.\nThe period mentioned in section 225 does not apply in relation to the notice.\nHowever, the body corporate must, as soon as practicable after the commencement, amend the roll to include any information contained in the notice.\n(sec.255-ssec.1) This section applies in relation to a notice given to a body corporate under repealed section 193 before the commencement.\n(sec.255-ssec.2) Section 224(2)(g) does not apply to the notice.\n(sec.255-ssec.3) However, to the extent the notice contains any information mentioned in section 224(2)(g), the body corporate must, as far as practicable, amend the roll to include the information.\n(sec.255-ssec.4) The period mentioned in section 225 does not apply in relation to the notice.\n(sec.255-ssec.5) However, the body corporate must, as soon as practicable after the commencement, amend the roll to include any information contained in the notice.","sortOrder":325},{"sectionNumber":"sec.256","sectionType":"section","heading":"Address for service and email address given before commencement","content":"### sec.256 Address for service and email address given before commencement\n\nThis section applies if, before the commencement, an owner of a lot, or a relevant person, has given the body corporate an email address for the purpose of receiving any document or information that may be given to, or served on, a lot owner under the Act .\nFor section 216, the email address is taken to be an email address nominated under section 216(2).\nIn this section—\ndocument includes a notice.\nrelevant person see section 215.\n(sec.256-ssec.1) This section applies if, before the commencement, an owner of a lot, or a relevant person, has given the body corporate an email address for the purpose of receiving any document or information that may be given to, or served on, a lot owner under the Act .\n(sec.256-ssec.2) For section 216, the email address is taken to be an email address nominated under section 216(2).\n(sec.256-ssec.3) In this section— document includes a notice. relevant person see section 215.","sortOrder":326},{"sectionNumber":"ch.10-pt.2-div.3","sectionType":"division","heading":"Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024","content":"## Transitional provisions for Body Corporate and Community Management Legislation Amendment Regulation 2024","sortOrder":327},{"sectionNumber":"sec.257","sectionType":"section","heading":"Definitions for part","content":"### sec.257 Definitions for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 257 ins 2024 SL No. 40 s 77","sortOrder":328},{"sectionNumber":"sec.258","sectionType":"section","heading":"Motions or requests submitted before commencement","content":"### sec.258 Motions or requests submitted before commencement\n\nThis section applies if—\nbefore the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and\nimmediately before the commencement, the motion or request has not been decided.\nIf the body corporate or the committee considers the motion after the commencement, the motion must be decided under the former regulation.\nIn this section—\nformer regulation means this regulation as in force immediately before the commencement.\ns 258 ins 2024 SL No. 40 s 77\n(sec.258-ssec.1) This section applies if— before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and immediately before the commencement, the motion or request has not been decided.\n(sec.258-ssec.2) If the body corporate or the committee considers the motion after the commencement, the motion must be decided under the former regulation.\n(sec.258-ssec.3) In this section— former regulation means this regulation as in force immediately before the commencement.\n- (a) before the commencement, a motion or a request was submitted for consideration to a body corporate or a committee in relation to keeping or bringing an animal on a lot or common property; and\n- (b) immediately before the commencement, the motion or request has not been decided.","sortOrder":329},{"sectionNumber":"sec.259","sectionType":"section","heading":"Particular minutes and records of motions","content":"### sec.259 Particular minutes and records of motions\n\nThis section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property—\nsubmitted for consideration to the committee before the commencement; and\nin relation to which, on the commencement—\na decision or deemed decision has not yet been made; or\na decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\nFormer section 71 continues to apply to the minutes and other records in relation to the motion or request.\nIn this section—\ncommunication by the secretary , in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 71.\ndeemed decision , in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee.\nfull and accurate minutes see former section 71(6).\nminutes and other records , of a committee, means the full and accurate minutes and the records of motions for the committee.\nrecord of motions see former section 71(6).\ns 259 ins 2024 SL No. 40 s 77\n(sec.259-ssec.1) This section applies in relation to a motion or a request in relation to keeping or bringing an animal on a lot or common property— submitted for consideration to the committee before the commencement; and in relation to which, on the commencement— a decision or deemed decision has not yet been made; or a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n(sec.259-ssec.2) Former section 71 continues to apply to the minutes and other records in relation to the motion or request.\n(sec.259-ssec.3) In this section— communication by the secretary , in relation to a decision or deemed decision of a committee, means the secretary giving a copy of the full and accurate minutes of the meeting at which the decision was made, or a copy of the record of motions that records the deemed decision, to each person who must be given a copy under former section 71. deemed decision , in relation to a decision about keeping or bringing an animal on a lot or common property, means a decision taken not to be agreed to by the committee. full and accurate minutes see former section 71(6). minutes and other records , of a committee, means the full and accurate minutes and the records of motions for the committee. record of motions see former section 71(6).\n- (a) submitted for consideration to the committee before the commencement; and\n- (b) in relation to which, on the commencement— (i) a decision or deemed decision has not yet been made; or (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n- (i) a decision or deemed decision has not yet been made; or\n- (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.\n- (i) a decision or deemed decision has not yet been made; or\n- (ii) a decision or deemed decision has been made but communication by the secretary of the decision or deemed decision has not yet occurred.","sortOrder":330},{"sectionNumber":"sec.260","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—executed document","content":"### sec.260 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 184(5)(a); and\nimmediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\nFormer section 184 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\ns 260 ins 2024 SL No. 40 s 77\n(sec.260-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 184(5)(a); and immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n(sec.260-ssec.2) Former section 184 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 184(5)(a); and\n- (b) immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.","sortOrder":331},{"sectionNumber":"sec.261","sectionType":"section","heading":"Disposal of interest in and leasing or licensing of common property—unexecuted document","content":"### sec.261 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 184; and\nimmediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 184(5)(a).\nNew section 184 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 261 ins 2024 SL No. 40 s 77\n(sec.261-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 184; and immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 184(5)(a).\n(sec.261-ssec.2) New section 184 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 184; and\n- (b) immediately before the commencement, the body corporate had not executed a document to certify the transaction as required under former section 184(5)(a).","sortOrder":332},{"sectionNumber":"sec.262","sectionType":"section","heading":"Easements over common property—executed document","content":"### sec.262 Easements over common property—executed document\n\nThis section applies if—\nbefore the commencement, a body corporate had, under former section 185—\nauthorised a transaction in relation to common property (the transaction ); and\ncertified a copy of a resolution, or resolutions, in relation to the transaction; and\nimmediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\nFormer section 185 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\ns 262 ins 2024 SL No. 40 s 77\n(sec.262-ssec.1) This section applies if— before the commencement, a body corporate had, under former section 185— authorised a transaction in relation to common property (the transaction ); and certified a copy of a resolution, or resolutions, in relation to the transaction; and immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n(sec.262-ssec.2) Former section 185 continues to apply to the documents that must accompany the instrument lodged for registration under the Land Title Act 1994 .\n- (a) before the commencement, a body corporate had, under former section 185— (i) authorised a transaction in relation to common property (the transaction ); and (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and\n- (i) authorised a transaction in relation to common property (the transaction ); and\n- (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and\n- (b) immediately before the commencement, an instrument (the instrument ) had not been lodged for registration under the Land Title Act 1994 to give effect to the transaction.\n- (i) authorised a transaction in relation to common property (the transaction ); and\n- (ii) certified a copy of a resolution, or resolutions, in relation to the transaction; and","sortOrder":333},{"sectionNumber":"sec.263","sectionType":"section","heading":"Easements over common property—unexecuted document","content":"### sec.263 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 185; and\nimmediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 185(3)(a).\nNew section 185 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 263 ins 2024 SL No. 40 s 77\n(sec.263-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 185; and immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 185(3)(a).\n(sec.263-ssec.2) New section 185 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 185; and\n- (b) immediately before the commencement, the body corporate had not certified a copy of a resolution, or resolutions, authorising the transaction under former section 185(3)(a).","sortOrder":334},{"sectionNumber":"sec.264","sectionType":"section","heading":"Original owner’s return of body corporate property—particular circumstances","content":"### sec.264 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 96, required to provide documents and materials to a body corporate; and\nhad not provided the documents or materials.\nNew section 235 does not apply to the original owner.\ns 264 ins 2024 SL No. 40 s 77\n(sec.264-ssec.1) This section applies if, before the commencement, an original owner— was, under former section 96, required to provide documents and materials to a body corporate; and had not provided the documents or materials.\n(sec.264-ssec.2) New section 235 does not apply to the original owner.\n- (a) was, under former section 96, required to provide documents and materials to a body corporate; and\n- (b) had not provided the documents or materials.","sortOrder":335}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":722},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its intended scope as a standard module regulation for body corporate governance. The 2024 amendments regarding animal approvals represent targeted additions rather than scope creep."},"complexity_factors":["Extensive cross-referencing between sections (e.g., sections 10, 17, 18, 58, 58A, 58B all interrelate)","Multiple voting methods with different rules (secret ballot, open ballot, electronic voting, hard copy voting)","Nested exceptions throughout (e.g., section 13 has 8 subsections with multiple exceptions for small schemes)","Defined terms scattered across sections (e.g., 'relevant annual general meeting' in section 40, 'debtor member' in section 64)","Conditional logic for quorum calculations that varies by committee size (section 60)","Layered arrangements and subsidiary schemes create additional complexity (sections 10, 103)","Multiple types of resolutions with different voting thresholds (resolution without dissent, special resolution, majority resolution, ordinary resolution)","Recent amendments (2024) adding animal approval provisions (sections 58A, 58B, 82A, 82B) that create parallel decision-making tracks","Extensive procedural requirements for meetings (notice periods, agenda contents, explanatory materials)","Proxy rules with multiple restrictions and exceptions (sections 121-125)"],"plain_english_summary":"This legislation sets out the rules for how committees are formed and run in Queensland community titles schemes (like apartment buildings or townhouse complexes).\n\n**What it covers:**\n\n- **Committee composition**: Every body corporate must have a committee with at least a chairperson, secretary and treasurer. These can be the same person. The committee needs at least 3 voting members (except for very small schemes called \"minor committees\").\n\n- **Who can be on the committee**: Lot owners can nominate themselves or others (family members, company directors, or people with power of attorney). But you can't be on the committee if you owe money to the body corporate, or if you're a body corporate manager, service contractor or letting agent.\n\n- **How committees are elected**: Members are chosen at annual general meetings by secret ballot (unless the body corporate decides otherwise). The process involves nominations, ballot papers, and counting votes.\n\n- **Special rules for small schemes**: If there are only 2-3 owners, the committee works differently — owners automatically become committee members without a full election.\n\n- **What committees can and can't decide**: Committees handle day-to-day running of the scheme, but can't decide major things like changing levies, changing owner rights, or starting legal proceedings — these need a general meeting of all owners.\n\n- **Committee meetings**: Must give 7 days notice (or 2 days if everyone agrees), keep minutes, and have at least half the voting members present to make decisions.\n\n- **Body corporate managers**: If a scheme can't form a proper committee, it can hire a body corporate manager to do the committee's job instead.\n\n- **General meetings**: Sets out how all owners vote on big decisions — including secret ballots, proxies, electronic voting, and what counts as a valid meeting.\n\n**Why it matters:** This affects anyone who owns property in a community titles scheme in Queensland. It determines who makes decisions about your building, how those people get chosen, and what limits apply to their power."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.7(2) and sec.44(4)","severity":"medium","reasoning":"Section 7(2) creates a legal state where no committee exists upon engagement of a body corporate manager. Section 44(4) then purports to terminate the term of office of committee members upon that same engagement. If there is no committee, there are no committee members whose terms can end. The provision attempts to operate on an entity it has simultaneously legislated out of existence.","confidence":0.75,"description":"Circular dissolution: if a body corporate manager is engaged to carry out committee functions, there is 'no committee' (s.7(2)), yet s.44(4) states the term of office of committee members 'ends' when the body corporate engages a body corporate manager. You cannot end the term of office of members of a committee that, by legal fiction, never existed at the relevant time."},{"type":"other","section":"sec.9(2) and sec.9(4)","severity":"low","reasoning":"While s.9(3) technically permits one person to hold all three positions, the mandatory language of s.9(2) ('There must be a chairperson, secretary and treasurer') combined with a lawful one-person committee under s.13(4) means a solitary individual must formally hold three distinct offices simultaneously. This is operationally farcical — a person chairing, secretarying and treasuring their own one-person committee.","confidence":0.7,"description":"A 'minor committee' (which can consist of 1 person under s.13(4)) is required by s.9(2) to have a chairperson, secretary AND treasurer, but s.9(4) only exempts minor committees from the minimum 3 voting members requirement. A single person must simultaneously hold all three executive positions, which s.9(3) permits, but s.9(2) still mandates all three positions exist — creating the absurdity of a mandatory three-position structure that one person must fill alone."},{"type":"other","section":"sec.17(2)(a)","severity":"low","reasoning":"The disjunctive 'or' in s.17(2)(a) means the enhanced nomination right applies to any owner of exactly 2 lots in any size scheme, even where their 2 lots represent a tiny fraction of a large scheme. The legislative intent appears to be to give enhanced rights based on proportionate ownership, but the drafting creates an unintended flat right for 2-lot owners irrespective of scheme size. Ms Smith's example in the section itself (2 lots in an 8-lot scheme gets 2 nominations) illustrates this is intentional for small schemes, but the formula captures all 2-lot owners universally.","confidence":0.65,"description":"The nomination entitlement formula in s.17(2)(a) produces an anomalous result: an owner of only 2 lots in a large scheme (e.g., 100 lots) gets 2 nominations, the same as an owner of 3 lots in a 6-lot scheme. The trigger 'owns 2 lots OR there are fewer than 7 lots' means a 2-lot owner in a 1,000-lot scheme receives the enhanced nomination right regardless of their proportionate stake."},{"type":"impossible_compliance","section":"sec.24(2) and sec.24(2)(c)","severity":"medium","reasoning":"Requiring a system to preserve voter anonymity while channelling all votes through a single named individual (the secretary) creates a structurally impossible anonymity guarantee. The secretary is not a neutral third party and is often a candidate or closely associated with candidates. The regulation provides no mechanism for verifying that the system achieves true anonymity in practice, making compliance with both s.24(2)(a) and s.24(2)(c) simultaneously a practical impossibility.","confidence":0.72,"description":"The electronic voting system for secret ballots must 'not disclose a voter's identity' (s.24(2)(a)) AND 'does not allow a person other than the secretary to receive the electronic votes' (s.24(2)(c)). These two requirements together mean the secretary receives all votes but the system must not disclose identity to anyone — yet the secretary, as the sole recipient, can potentially match vote timing or metadata to voters, making true anonymity impossible to technically guarantee while simultaneously requiring the secretary to be the only recipient."},{"type":"other","section":"sec.31(2) and sec.33(6)","severity":"low","reasoning":"While this may be a common feature of meeting law, the combination of immediate legal effect of election results (s.31(2)) with the requirement to record results in minutes (which are not confirmed until a subsequent meeting) creates a period where the legal status of elected persons rests on an unconfirmed documentary record. This is a low-level procedural anomaly rather than a true absurdity.","confidence":0.5,"description":"Section 31(2) provides that elected members take effect 'immediately after the close of the meeting', yet s.33(6) requires the count of votes to be 'recorded in the minutes of the meeting'. Minutes are typically confirmed at the next meeting. This means the election result takes legal effect before the official record of that result is confirmed, creating a gap where the legal status of elected members is established on an unconfirmed record."},{"type":"self_contradicting","section":"sec.43(1) and sec.43(2)","severity":"medium","reasoning":"The mandatory inclusion of the motion on the agenda (s.43(1)) combined with the conditional bar on its consideration (s.43(2)) means the body corporate must always prepare and distribute agenda materials for a motion it may be legally precluded from voting on. This wastes administrative resources and misleads lot owners who receive an agenda containing a motion that the chair will declare out of order. The provision is self-defeating.","confidence":0.8,"description":"Section 43(1) mandates that the agenda of every extraordinary general meeting called under the subdivision MUST include a motion to engage a body corporate manager, yet s.43(2) provides that this motion 'may be considered at the meeting ONLY IF' certain conditions are met after committee appointments. The motion must appear on the agenda but may be legally prohibited from being considered — creating an agenda item that exists solely to not be considered."},{"type":"impossible_compliance","section":"sec.20(b)(ii)","severity":"medium","reasoning":"The first annual general meeting is run by the original owner (s.20(a)), not an elected secretary. The requirement that all voters be physically present at the first AGM effectively mandates an in-person meeting format, but the regulation does not clearly prohibit electronic attendance or proxy voting at such meetings. The interaction between the physical presence requirement and the broader electronic voting provisions creates compliance uncertainty at the most critical meeting in a scheme's life.","confidence":0.6,"description":"At the first annual general meeting, s.20(b)(ii) requires that 'to be entitled to vote, a person must be present at the meeting.' However, s.15(2) provides that elections must be by ballot (unless the body corporate resolves otherwise by ordinary resolution). A ballot presupposes the ability to vote in advance. The modification under s.20 eliminates pre-meeting voting but the body corporate cannot pass a prior ordinary resolution changing the voting method (as no committee yet exists to call such a meeting). This creates a bootstrapping impossibility at the inaugural meeting."}],"contradictions":[{"severity":"low","section_a":"sec.7(1)","section_b":"sec.7(2)","confidence":0.65,"description":"Section 7(1) mandates there 'must be a committee' for every body corporate, subject to s.7(2). Section 7(2) then provides there is 'no committee' if a body corporate manager is engaged. The saving phrase 'subject to subsection (2)' grammatically subordinates the mandatory requirement to a complete negation, meaning the legislative command in s.7(1) can be entirely extinguished. This is not a true contradiction but creates a situation where the foundational requirement of the chapter is entirely optional."},{"severity":"medium","section_a":"sec.9(4)","section_b":"sec.13(4)","confidence":0.7,"description":"Section 9(4) requires that a committee (other than a minor committee) must have 'at least 3 voting members'. Section 13(4) permits a committee of 1 (a minor committee) where lots are in identical ownership. However, s.13(8) defines a committee under s.13(4) as a 'minor committee'. The two provisions are reconciled by the minor committee exemption, but s.9(4)'s minimum of 3 voting members is contradicted in practice by the lawful 1-person and 2-person committees under s.13(4) and (5) without the regulation clearly resolving which structural requirements (s.9(1)-(3)) still apply to minor committees."},{"severity":"medium","section_a":"sec.15(3)","section_b":"sec.20(b)(ii)","confidence":0.68,"description":"Section 15(3) provides that a ballot 'must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot.' Section 20(b)(ii) modifies election procedures at the first AGM to require physical presence to vote. A secret ballot conducted entirely at a meeting with all voters present simultaneously undermines the purpose of secrecy provisions (pre-meeting postal/electronic voting), but s.20 does not explicitly modify or disapply s.15(3)'s secret ballot default. The interaction between the presence requirement and the secret ballot default is unresolved."},{"severity":"high","section_a":"sec.24(2)(a)","section_b":"sec.34(5)(a)","confidence":0.82,"description":"For secret ballots, s.24(2)(a) requires the electronic voting system to 'not disclose a voter's identity.' However, s.34(5)(a) requires the voting tally sheet to include 'a list of the votes, identified by lot number, rejected from the count before the ballot paper envelopes were opened.' For electronic votes rejected before counting, they must be identified by lot number on the tally sheet — which discloses the voter's identity (by lot). This directly contradicts the anonymity requirement for electronic secret ballots."},{"severity":"medium","section_a":"sec.36(1)","section_b":"sec.32","confidence":0.7,"description":"Section 36(1) provides that ordinary member positions 'may only be decided after the executive member positions on the committee are filled.' Section 32 prescribes the order of ballots as chairperson, secretary, treasurer, then ordinary members — consistent with s.36(1). However, s.35(2) allows the chairperson to invite nominations for executive positions where none have been received, at the meeting. If no nominations are received for all three executive positions even after floor nominations, the ordinary member ballot cannot proceed but the meeting has no further mechanism to fill executive positions, leaving the committee potentially unable to be constituted at all despite the mandatory requirement in s.7(1)."},{"severity":"low","section_a":"sec.16(3)","section_b":"sec.16(4)","confidence":0.55,"description":"Section 16(3) requires the nomination notice to be given 'at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate's financial year.' Section 16(4) requires nominations to be given 'to the secretary by the end of the body corporate's financial year.' This means the window for receiving nominations is between 3 and 6 weeks — but the annual general meeting is held after the financial year ends. Nominations close at year end, but the election is conducted at the AGM (after year end), meaning the ballot papers prepared after nominations close (s.22(2)) must be prepared before the AGM which is scheduled after the financial year. The timing assumes the AGM occurs in the new financial year with nominations from the prior year, but the regulation does not explicitly provide for this gap or its management."},{"severity":"low","section_a":"sec.10(2)(d)","section_b":"sec.10(2)(e)","confidence":0.6,"description":"Section 10(2)(d) makes a member of the body corporate who owes a body corporate debt ineligible to be a voting member. Section 10(2)(e) extends this ineligibility to 'a person nominated by a member mentioned in paragraph (d).' However, s.17(4) separately provides that if an owner owes a body corporate debt when their nomination is received, their 'nomination or nominations are taken not to comply with this regulation.' This creates two overlapping disqualification mechanisms for debt-owing members — one at eligibility (s.10(2)(d)-(e)) and one at nomination validity (s.17(4)) — with potentially different consequences and timing for when the debt is assessed."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to do exactly what a standard module regulation for community titles schemes in Queensland is expected to do — prescribe the operational rules for committee governance. The content is consistent with the stated purposes in section 8 (committee composition, choosing of members, term of office, casual vacancies, meetings, prescribed issues, body corporate manager engagement, and matters requiring body corporate authorisation). There is no evidence of scope creep beyond the original intent of the enabling legislation."},"complexity_factors":["Multiple interlocking sections with extensive cross-references (e.g., sections reference sections 10, 16, 17, 18, 37, 38, 42, 84, 86 and others not fully reproduced)","Numerous special-case scenarios depending on the number of lots and number of different owners (5 distinct ownership configurations trigger different committee structures)","Distinction between voting members, non-voting members, executive members, ordinary members, and minor committees creates layered membership categories","Detailed and separate procedures for secret ballots vs open ballots, and hard copy vs electronic voting — each with distinct requirements","Complex eligibility and disqualification rules with exceptions to exceptions (e.g., associate of letting agent exception carved out for owner-occupiers)","Nomination rules vary based on number of lots owned and total lots in the scheme, requiring arithmetic calculations","Interaction with a parent Act (Body Corporate and Community Management Act) and other regulations (Electronic Transactions (Queensland) Act 2001) not reproduced here","Provisions truncated in the source text — the full regulation is likely significantly longer, meaning the full complexity is understated","Different procedures apply for the first AGM versus subsequent AGMs","Minor committee rules and extraordinary general meeting fallback procedures add procedural layers"],"plain_english_summary":"## Body Corporate and Community Management (Standard Module) Regulation 2020 — Committee Rules\n\n**What is this about?**\n\nThis legislation sets out the detailed rules for how the **committee** (the elected governing board) of a **body corporate** (the legal entity that manages a strata or community titles scheme — think apartment buildings, townhouse complexes, or gated communities in Queensland) must be formed, run, and managed.\n\n**Who does this affect?**\n\n- **Property owners** in Queensland strata/community titles schemes (apartments, townhouses, etc.)\n- **Tenants** who live in those schemes\n- **Body corporate managers** (professional managers hired to run the scheme)\n- **Caretakers and letting agents** (on-site property managers)\n\n**What does it actually do?**\n\n### 1. Committee Structure\n- Every body corporate **must have a committee** — unless it hires a professional body corporate manager to do everything the committee would do.\n- A committee has **three key executive roles**: Chairperson, Secretary, and Treasurer (one person can hold multiple roles).\n- There must be **at least 3 voting members** (unless the scheme has very few lots or owners).\n- Body corporate managers and caretakers automatically sit on the committee but **cannot vote**.\n\n### 2. Who Can Be on the Committee\n- Generally, you must be a **lot owner** (or a family member, power of attorney holder, or corporate nominee of an owner) to be eligible.\n- You are **disqualified** from being a voting member if you:\n  - Are a body corporate manager, service contractor, or letting agent (or closely associated with one)\n  - Owe money to the body corporate\n  - Are nominated by someone who owes money to the body corporate\n- **Only one person per lot** can be on the committee at a time (with narrow exceptions).\n\n### 3. How Committee Members Are Chosen\n- Members are **elected at the Annual General Meeting (AGM)** each year.\n- **Nominations** must be submitted in writing before the AGM (3–6 weeks before the financial year ends), with specific information required.\n- Larger lot owners can nominate **more than one candidate**.\n- Elections are held by **secret ballot** by default, but owners can vote to use an open ballot instead.\n- Voting can be done on **paper or electronically** (if the body corporate sets up a qualifying electronic system).\n- Each lot gets **one equal vote** regardless of lot size or co-ownership.\n\n### 4. Small Schemes — Special Rules\n- Schemes with only 1–3 different owners don't hold a normal election — the owners form the committee automatically (called a \"**minor committee**\").\n- If the committee can't fill all its required positions after an AGM, an **Extraordinary General Meeting** (a special extra meeting) must be called within 2 months to fix the problem or hire a body corporate manager.\n\n### 5. How Long Members Serve\n- Members serve until the next election, they resign, become ineligible, miss two consecutive committee meetings without approval, are convicted of a serious crime (indictable offence), or are voted out.\n- If a body corporate manager is hired to take over all committee functions, all committee members' terms end immediately.\n\n**Why does this matter to you?**\n\nIf you own a unit or townhouse in Queensland, these rules determine:\n- **Who governs your building** and makes decisions about maintenance, levies, and by-laws\n- **Whether you can stand for election** or vote for committee members\n- **Whether your committee is properly formed** — an improperly formed committee could have its decisions challenged\n- **Whether you're disqualified** because you owe body corporate fees or have a conflict of interest"}},"importantCases":[],"_links":{"self":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020","history":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020/history","analysis":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020/analysis","conflicts":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020/conflicts","importantCases":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020/important-cases","documents":"/api/acts/body-corporate-and-community-management-standard-module-regulation-2020/documents"}}