{"id":"qld:sl-2008-0286","name":"Building Units and Group Titles Regulation 2008","slug":"building-units-and-group-titles-regulation-2008","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"286 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175837,"registerId":"qld-qld:sl-2008-0286-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Building Units and Group Titles Regulation 2008 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences 1 September 2008.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this regulation—\nannual general meeting means an annual general meeting under section 29A (1) of the Act .\napproved form ...\ns 3 def approved form om 2021 Act No. 12 s 148 sch 3\nbooks of account means the books of account required to be kept by a body corporate under section 38D (1) (b) of the Act .\nnotice of conversion means a notice of conversion under section 12 of the Act .\nother committee member , of a body corporate, means a member of the committee, other than the chairperson, secretary or treasurer of the committee.\nplan of amalgamation means a plan of amalgamation under section 11 of the Act .\nplan of resubdivision means a plan of resubdivision under section 10 of the Act .\nregistrar ...\ns 3 def registrar om 2021 Act No. 12 s 148 sch 3\nstatement of accounts means a statement of accounts required to be prepared by a body corporate under section 38D (1) (c) of the Act .","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Registration requirements","content":"# Registration requirements","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 2021 Act No. 12 s 148 sch 3","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Requirements for registration of relevant documents","content":"### sec.5 Requirements for registration of relevant documents\n\nA relevant document must be—\nin the approved form; and\nin conformity with directions of the registrar of titles about the required format for a relevant document.\nIn this section—\nrelevant document means—\na plan; or\na plan of amalgamation; or\na notice of conversion.\ns 5 amd 2021 Act No. 12 s 148 sch 3\n(sec.5-ssec.1) A relevant document must be— in the approved form; and in conformity with directions of the registrar of titles about the required format for a relevant document.\n(sec.5-ssec.2) In this section— relevant document means— a plan; or a plan of amalgamation; or a notice of conversion.\n- (a) in the approved form; and\n- (b) in conformity with directions of the registrar of titles about the required format for a relevant document.\n- (a) a plan; or\n- (b) a plan of amalgamation; or\n- (c) a notice of conversion.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Notification of registration of plans by registrar of titles","content":"### sec.6 Notification of registration of plans by registrar of titles\n\nThe registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).\nWithout limiting subsection (1) , the registrar of titles must—\nchart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and\nfor a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.\ns 6 amd 2021 Act No. 12 s 148 sch 3\n(sec.6-ssec.1) The registrar of titles must make appropriate notification of the registration of a plan of amalgamation, plan of resubdivision or notice of conversion on the original plan for the plan of amalgamation, plan of resubdivision or notice of conversion (the original plan ).\n(sec.6-ssec.2) Without limiting subsection (1) , the registrar of titles must— chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.\n- (a) chart the effect of registration on the diagram illustrating the lots, common property, or lots and common property, the subject of the original plan; and\n- (b) for a plan of amalgamation—amend the schedule of lot entitlements to record the effect of registration.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Nominations and elections","content":"# Nominations and elections","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Nominations and elections at first annual general meeting and other particular meetings","content":"### sec.7 Nominations and elections at first annual general meeting and other particular meetings\n\nThis section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate—\nat the body corporate’s first annual general meeting under section 29 (1) of the Act ; or\nat an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act —\nschedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or\nschedule 4 , section 10 (f) of the Act does not apply to the body corporate; or\nat an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or\nat a meeting of the body corporate under section 43 (3) of the Act .\nSchedule 1 applies to the nomination and election.\n(sec.7-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate— at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or at a meeting of the body corporate under section 43 (3) of the Act .\n(sec.7-ssec.2) Schedule 1 applies to the nomination and election.\n- (a) at the body corporate’s first annual general meeting under section 29 (1) of the Act ; or\n- (b) at an annual general meeting of the body corporate if, because of a resolution of the body corporate under section 41 (1) of the Act or a referee’s order under section 41 (4) or (4A) of the Act — (i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or (ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or\n- (i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or\n- (ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or\n- (c) at an extraordinary general meeting of the body corporate under section 42 (5) (a) (i) of the Act ; or\n- (d) at a meeting of the body corporate under section 43 (3) of the Act .\n- (i) schedule 2 , part 2 , section 1 (4) (d) , (5) , (6) , (7) or (10) , 4 (b) , 5 (b) , 6 or 8 of the Act does not apply to the body corporate; or\n- (ii) schedule 4 , section 10 (f) of the Act does not apply to the body corporate; or","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Nominations at second or subsequent annual general meetings","content":"### sec.8 Nominations at second or subsequent annual general meetings\n\nThis section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .\nSchedule 2 applies to the nomination and election.\n(sec.8-ssec.1) This section applies to the nomination and election of a chairperson, secretary, treasurer and other committee members of a body corporate at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 7 (1) (a) or (b) .\n(sec.8-ssec.2) Schedule 2 applies to the nomination and election.","sortOrder":10},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Cost of improvements— Act , s 37 (2) (g) (i)","content":"### sec.9 Cost of improvements— Act , s 37 (2) (g) (i)\n\nFor section 37 (2) (g) (i) of the Act , the prescribed amount, for the cost of improvements made to common property, is the amount worked out by using the formula—\n$PA = 2,000 x L\nwhere—\nL means the number of lots the subject of the plan that includes the common property.\nPA means the prescribed amount in dollars.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Retaining records— Act , s 38D (1) (b)","content":"### sec.10 Retaining records— Act , s 38D (1) (b)\n\nFor section 38D (1) (b) of the Act , the prescribed time is—\nfor minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and\nfor books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.\n- (a) for minutes of meetings of a body corporate—until the day the plan whose registration incorporated the body corporate is extinguished under section 25 (1) of the Act ; and\n- (b) for books of account of a body corporate—6 years after the day a statement of accounts prepared from the books of account is adopted by a general meeting of the body corporate.","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Matters that must be included in approved form for body corporate certificate— Act , s 40AA","content":"### sec.10A Matters that must be included in approved form for body corporate certificate— Act , s 40AA\n\nFor section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed—\ndetails of the lot, including—\nwhether the lot is shown on a building units plan or a group titles plan; and\nthe lot number and plan number;\ndetails of the plan, including—\nthe name of the building or parcel endorsed on the plan; and\nthe number of the plan; and\nthe specified Act that applies in relation to the plan;\nthe name and contact details of the secretary of the body corporate;\nthe name and contact details of any body corporate manager for the body corporate;\namounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ;\ncontributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ;\nan amount determined under section 38A (4) of the Act ;\nany unpaid amount of—\nan amount payable under a by-law made under section 30 (7) of the Act ; or\nan amount recoverable under section 33 (3) or (4) of the Act ; or\na contribution levied under section 38B of the Act ; or\na contribution levied under section 124 (2) of the Act ; or\nanother amount associated with ownership of the lot that is payable to the body corporate;\nthe lot entitlement of every lot the subject of the plan;\nthe aggregate lot entitlement for the plan;\nany arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;\nany arrangement that—\nis entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and\nis for the entity to carry out maintenance and repair for which the body corporate is responsible;\nthe by-laws in force for the plan;\nthe body corporate’s sinking fund balance;\nthe insurance held by the body corporate;\nthe most recent statement of accounts prepared under section 38D (1) (c) of the Act ;\nany arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;\nimprovements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;\npersonal property vested in the body corporate.\nThe approved form may include provision for the following documents to be given with the form—\na document stating the details of each insurance policy held by the body corporate;\na document setting out the by-laws mentioned in subsection (1) (m) in consolidated form;\na copy of the statement of accounts mentioned in subsection (1) (p) .\nIn this section—\nspecified Act see section 5A (3) of the Act .\ns 10A ins 2024 SL No. 210 s 24\n(sec.10A-ssec.1) For section 40AA (5) (a) of the Act , the following matters relating to a lot are prescribed— details of the lot, including— whether the lot is shown on a building units plan or a group titles plan; and the lot number and plan number; details of the plan, including— the name of the building or parcel endorsed on the plan; and the number of the plan; and the specified Act that applies in relation to the plan; the name and contact details of the secretary of the body corporate; the name and contact details of any body corporate manager for the body corporate; amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ; contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ; an amount determined under section 38A (4) of the Act ; any unpaid amount of— an amount payable under a by-law made under section 30 (7) of the Act ; or an amount recoverable under section 33 (3) or (4) of the Act ; or a contribution levied under section 38B of the Act ; or a contribution levied under section 124 (2) of the Act ; or another amount associated with ownership of the lot that is payable to the body corporate; the lot entitlement of every lot the subject of the plan; the aggregate lot entitlement for the plan; any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors; any arrangement that— is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and is for the entity to carry out maintenance and repair for which the body corporate is responsible; the by-laws in force for the plan; the body corporate’s sinking fund balance; the insurance held by the body corporate; the most recent statement of accounts prepared under section 38D (1) (c) of the Act ; any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network; improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot; personal property vested in the body corporate.\n(sec.10A-ssec.2) The approved form may include provision for the following documents to be given with the form— a document stating the details of each insurance policy held by the body corporate; a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form; a copy of the statement of accounts mentioned in subsection (1) (p) .\n(sec.10A-ssec.3) In this section— specified Act see section 5A (3) of the Act .\n- (a) details of the lot, including— (i) whether the lot is shown on a building units plan or a group titles plan; and (ii) the lot number and plan number;\n- (i) whether the lot is shown on a building units plan or a group titles plan; and\n- (ii) the lot number and plan number;\n- (b) details of the plan, including— (i) the name of the building or parcel endorsed on the plan; and (ii) the number of the plan; and (iii) the specified Act that applies in relation to the plan;\n- (i) the name of the building or parcel endorsed on the plan; and\n- (ii) the number of the plan; and\n- (iii) the specified Act that applies in relation to the plan;\n- (c) the name and contact details of the secretary of the body corporate;\n- (d) the name and contact details of any body corporate manager for the body corporate;\n- (e) amounts associated with ownership of the lot that are payable to the body corporate, including amounts payable under a by-law made under section 30 (7) of the Act ;\n- (f) contributions determined by the body corporate under section 38A (1) , (2) , (3) and (5) of the Act ;\n- (g) an amount determined under section 38A (4) of the Act ;\n- (h) any unpaid amount of— (i) an amount payable under a by-law made under section 30 (7) of the Act ; or (ii) an amount recoverable under section 33 (3) or (4) of the Act ; or (iii) a contribution levied under section 38B of the Act ; or (iv) a contribution levied under section 124 (2) of the Act ; or (v) another amount associated with ownership of the lot that is payable to the body corporate;\n- (i) an amount payable under a by-law made under section 30 (7) of the Act ; or\n- (ii) an amount recoverable under section 33 (3) or (4) of the Act ; or\n- (iii) a contribution levied under section 38B of the Act ; or\n- (iv) a contribution levied under section 124 (2) of the Act ; or\n- (v) another amount associated with ownership of the lot that is payable to the body corporate;\n- (i) the lot entitlement of every lot the subject of the plan;\n- (j) the aggregate lot entitlement for the plan;\n- (k) any arrangement entered into between the body corporate and another entity for the conduct of a business by the entity of letting lots on behalf of proprietors;\n- (l) any arrangement that— (i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and (ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;\n- (i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and\n- (ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;\n- (m) the by-laws in force for the plan;\n- (n) the body corporate’s sinking fund balance;\n- (o) the insurance held by the body corporate;\n- (p) the most recent statement of accounts prepared under section 38D (1) (c) of the Act ;\n- (q) any arrangement to supply electricity to proprietors of lots or occupiers of lots through an embedded electricity network;\n- (r) improvements in or on the common property for which a person will become responsible under section 37A (2) of the Act for properly maintaining and keeping in a state of good and serviceable repair if the person becomes the proprietor of the lot;\n- (s) personal property vested in the body corporate.\n- (i) whether the lot is shown on a building units plan or a group titles plan; and\n- (ii) the lot number and plan number;\n- (i) the name of the building or parcel endorsed on the plan; and\n- (ii) the number of the plan; and\n- (iii) the specified Act that applies in relation to the plan;\n- (i) an amount payable under a by-law made under section 30 (7) of the Act ; or\n- (ii) an amount recoverable under section 33 (3) or (4) of the Act ; or\n- (iii) a contribution levied under section 38B of the Act ; or\n- (iv) a contribution levied under section 124 (2) of the Act ; or\n- (v) another amount associated with ownership of the lot that is payable to the body corporate;\n- (i) is entered into between the body corporate and an entity who has entered into an arrangement mentioned in paragraph (k) ; and\n- (ii) is for the entity to carry out maintenance and repair for which the body corporate is responsible;\n- (a) a document stating the details of each insurance policy held by the body corporate;\n- (b) a document setting out the by-laws mentioned in subsection (1) (m) in consolidated form;\n- (c) a copy of the statement of accounts mentioned in subsection (1) (p) .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Ground for application for exemption— Act , s 41 (2)","content":"### sec.11 Ground for application for exemption— Act , s 41 (2)\n\nThe prescribed ground on which a body corporate may make an application under section 41 (2) of the Act is that the body corporate has received written notice from each proprietor entitled to vote, but not voting, on a resolution under section 41 (2) of the Act that the resolution is not opposed.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Restriction on expenditure by committee— Act , s 47 (1)","content":"### sec.12 Restriction on expenditure by committee— Act , s 47 (1)\n\nFor section 47 (1) of the Act , the prescribed amount is $200.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Amount of insurance cover— Act , s 56 (2)","content":"### sec.13 Amount of insurance cover— Act , s 56 (2)\n\nFor section 56 (2) of the Act , the prescribed amount of cover is $10m.\ns 13 amd 2015 SL No. 146 s 4","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Classes of order— Act , s 117 (a) (ii)","content":"### sec.14 Classes of order— Act , s 117 (a) (ii)\n\nFor section 117 (a) (ii) of the Act , an order is of a prescribed class if the order is made by a referee about—\na body corporate; or\na committee; or\na proprietor or occupier of a lot about which an inquiry under section 117 of the Act is made; or\na proprietor or occupier of a lot other than a proprietor or occupier mentioned in paragraph (c) if the order is made no more than 12 months before the relevant inquiry under section 117 of the Act is made.\n- (a) a body corporate; or\n- (b) a committee; or\n- (c) a proprietor or occupier of a lot about which an inquiry under section 117 of the Act is made; or\n- (d) a proprietor or occupier of a lot other than a proprietor or occupier mentioned in paragraph (c) if the order is made no more than 12 months before the relevant inquiry under section 117 of the Act is made.","sortOrder":18},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Fees","content":"### sec.15 Fees\n\nThe fees payable under the Act to the referee or tribunal are stated in schedule 3 , part 1 .\nThe fees payable under the Act to a body corporate are stated in schedule 3 , part 2 .\ns 15 amd 2020 SL No. 143 s 24; 2021 Act No. 12 s 148 sch 3 ; 2022 SL No. 79 s 29\n(sec.15-ssec.1) The fees payable under the Act to the referee or tribunal are stated in schedule 3 , part 1 .\n(sec.15-ssec.2) The fees payable under the Act to a body corporate are stated in schedule 3 , part 2 .","sortOrder":20},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.15A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 15A ins 2022 SL No. 79 s 30\n(sec.15A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.15A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Remission of referee’s fees","content":"### sec.16 Remission of referee’s fees\n\nThe referee may excuse a person from paying a fee, or part of a fee, payable to the referee.\nHowever, the referee may act under subsection (1) only if the referee is satisfied the person is suffering financial hardship.\ns 16 amd 2022 SL No. 43 s 3\n(sec.16-ssec.1) The referee may excuse a person from paying a fee, or part of a fee, payable to the referee.\n(sec.16-ssec.2) However, the referee may act under subsection (1) only if the referee is satisfied the person is suffering financial hardship.","sortOrder":22},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Priority requests for body corporate certificates","content":"### sec.16A Priority requests for body corporate certificates\n\nA request for a body corporate certificate under section 40AA (1) 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 (1) must be accompanied by the priority fee prescribed in schedule 3 , part 2 .\nThe priority fee payable under subsection (2) must be refunded if the requested body corporate certificate is not given within 24 hours.\ns 16A prev s 16A ins 2020 SL No. 250 s 28\namd 2020 Act No. 38 s 38 (1)\nom 2022 SL No. 43 s 4\npres s 16A ins 2025 SL No. 50 s 29\n(sec.16A-ssec.1) A request for a body corporate certificate under section 40AA (1) of the Act may include a request for the certificate to be given within 24 hours.\n(sec.16A-ssec.2) A request for a body corporate certificate that includes a request made under subsection (1) must be accompanied by the priority fee prescribed in schedule 3 , part 2 .\n(sec.16A-ssec.3) The priority fee payable under subsection (2) must be refunded if the requested body corporate certificate is not given within 24 hours.","sortOrder":23},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Repeal","content":"### sec.17 Repeal\n\nThe Building Units and Group Titles Regulation 1998 , SL No. 189 is repealed.","sortOrder":25},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Transitional provision for forms approved under repealed regulation","content":"### sec.18 Transitional provision for forms approved under repealed regulation\n\nThis section applies to any forms that have been approved under section 3 of the repealed regulation.\nThe forms are taken to be forms approved under section 4 of this regulation.\nIn this section—\nrepealed regulation means the Building Units and Group Titles Regulation 1998 .\ns 18 amd 2009 SL No. 157 s 4\n(sec.18-ssec.1) This section applies to any forms that have been approved under section 3 of the repealed regulation.\n(sec.18-ssec.2) The forms are taken to be forms approved under section 4 of this regulation.\n(sec.18-ssec.3) In this section— repealed regulation means the Building Units and Group Titles Regulation 1998 .","sortOrder":27},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Nominations","content":"# Nominations","sortOrder":28},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Preliminary decisions","content":"### sch.1-sec.1 Preliminary decisions\n\nThe meeting must decide—\nif there are more than 3 proprietors, the number of other members required to make up a committee as required by section 42 (4) of the Act ; and\nIf there are not more than 3 proprietors, section 42 (3) of the Act applies to the constitution of the committee.\nif the election of the committee will be by open ballot.\nSection 42 (15) of the Act provides for the election of the members of a committee and the chairperson, secretary and treasurer of a body corporate to be by secret ballot unless the body corporate otherwise resolves.\n- (a) if there are more than 3 proprietors, the number of other members required to make up a committee as required by section 42 (4) of the Act ; and Note— If there are not more than 3 proprietors, section 42 (3) of the Act applies to the constitution of the committee.\n- (b) if the election of the committee will be by open ballot. Note— Section 42 (15) of the Act provides for the election of the members of a committee and the chairperson, secretary and treasurer of a body corporate to be by secret ballot unless the body corporate otherwise resolves.","sortOrder":29},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Chairperson to call for nominations","content":"### sch.1-sec.2 Chairperson to call for nominations\n\nThe chairperson must call upon those present and entitled to nominate candidates for election as chairperson, secretary, treasurer and other committee members of the body corporate to nominate candidates.","sortOrder":30},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Consent for effective nominations","content":"### sch.1-sec.3 Consent for effective nominations\n\nA nomination under section 2 has no effect unless—\nthe nominee’s written consent is given to the chairperson before, or at, the meeting; or\nthe nominee’s verbal consent is given to the chairperson at the meeting.\n- (a) the nominee’s written consent is given to the chairperson before, or at, the meeting; or\n- (b) the nominee’s verbal consent is given to the chairperson at the meeting.","sortOrder":31},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Sole nominees for election as chairperson, secretary or treasurer","content":"### sch.1-sec.4 Sole nominees for election as chairperson, secretary or treasurer\n\nIf there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.\nIf there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.\nIf there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.\n(sch.1-sec.4-ssec.1) If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.\n(sch.1-sec.4-ssec.2) If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.\n(sch.1-sec.4-ssec.3) If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.","sortOrder":32},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Multiple nominees for election as chairperson, secretary or treasurer","content":"### sch.1-sec.5 Multiple nominees for election as chairperson, secretary or treasurer\n\nIf there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.\nIf there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.\nIf there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.\n(sch.1-sec.5-ssec.1) If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.\n(sch.1-sec.5-ssec.2) If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.\n(sch.1-sec.5-ssec.3) If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.","sortOrder":33},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Required number of nominees for election as other committee members","content":"### sch.1-sec.6 Required number of nominees for election as other committee members\n\nIf the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.","sortOrder":34},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"More than required number of nominees for election as other committee members","content":"### sch.1-sec.7 More than required number of nominees for election as other committee members\n\nIf the number of nominees for election as other committee members is more than the number of other committee members required to make up the committee, the election of other committee members must be by ballot.","sortOrder":35},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Elections","content":"# Elections","sortOrder":36},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Elections must be separate","content":"### sch.1-sec.8 Elections must be separate\n\nA body corporate must have a separate election for each of the following—\nthe chairperson of the body corporate;\nthe secretary of the body corporate;\nthe treasurer of the body corporate;\nthe other committee members.\n- (a) the chairperson of the body corporate;\n- (b) the secretary of the body corporate;\n- (c) the treasurer of the body corporate;\n- (d) the other committee members.","sortOrder":37},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Pre-ballot","content":"### sch.1-sec.9 Pre-ballot\n\nBefore each ballot the chairperson must—\nannounce—\nthe names of the nominees; and\nwhether or not a nominee is a proprietor or a company nominee; and\nif a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and\ngive each individual present and entitled to vote, for each lot entitling an individual to vote, a blank paper to be used as a ballot paper; and\nfor a secret ballot—give each individual present and entitled to vote—\na ballot paper envelope; and\na particulars envelope.\n- (a) announce— (i) the names of the nominees; and (ii) whether or not a nominee is a proprietor or a company nominee; and (iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and\n- (i) the names of the nominees; and\n- (ii) whether or not a nominee is a proprietor or a company nominee; and\n- (iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and\n- (b) give each individual present and entitled to vote, for each lot entitling an individual to vote, a blank paper to be used as a ballot paper; and\n- (c) for a secret ballot—give each individual present and entitled to vote— (i) a ballot paper envelope; and (ii) a particulars envelope.\n- (i) a ballot paper envelope; and\n- (ii) a particulars envelope.\n- (i) the names of the nominees; and\n- (ii) whether or not a nominee is a proprietor or a company nominee; and\n- (iii) if a nominee is not a proprietor or company nominee, by whom the nominee was nominated; and\n- (i) a ballot paper envelope; and\n- (ii) a particulars envelope.","sortOrder":38},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Opening envelopes","content":"### sch.1-sec.10 Opening envelopes\n\nFor a secret ballot, a ballot paper envelope must be opened by the chairperson, or an individual appointed by the chairperson, after—\nall votes cast have been given to the chairperson; and\nthe chairperson, or an individual appointed by the chairperson, is satisfied that—\nthe particulars envelope is properly completed; and\nthe individual who completed the particulars envelope is entitled to vote; and\nthe ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (a) all votes cast have been given to the chairperson; and\n- (b) the chairperson, or an individual appointed by the chairperson, is satisfied that— (i) the particulars envelope is properly completed; and (ii) the individual who completed the particulars envelope is entitled to vote; and\n- (i) the particulars envelope is properly completed; and\n- (ii) the individual who completed the particulars envelope is entitled to vote; and\n- (c) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (i) the particulars envelope is properly completed; and\n- (ii) the individual who completed the particulars envelope is entitled to vote; and","sortOrder":39},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Counting ballot","content":"### sch.1-sec.11 Counting ballot\n\nThe chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.","sortOrder":40},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Properly completed ballot papers","content":"### sch.1-sec.12 Properly completed ballot papers\n\nA ballot paper for an open ballot is properly completed if—\nit states—\nthe name of the individual voting; and\nthe number of the lot entitling the individual to vote; and\nthe name of the proprietor of the lot; and\nthe capacity in which the individual is voting; and\nthe name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\nthe signature of the individual appears on the paper; and\nthe individual gives the paper to the chairperson.\nA ballot paper for a secret ballot is properly completed if—\nit states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\nit is put into a ballot paper envelope and the envelope is sealed; and\nthe ballot paper envelope mentioned in paragraph (b) is—\nif separate from a particulars envelope—put into a properly completed particulars envelope; or\nif attached to a particulars envelope—still attached to a properly completed particulars envelope; and\nthe properly completed particulars envelope is sealed and given to the chairperson.\ns 12 amd 2009 SL No. 157 s 5\n(sch.1-sec.12-ssec.1) A ballot paper for an open ballot is properly completed if— it states— the name of the individual voting; and the number of the lot entitling the individual to vote; and the name of the proprietor of the lot; and the capacity in which the individual is voting; and the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and the signature of the individual appears on the paper; and the individual gives the paper to the chairperson.\n(sch.1-sec.12-ssec.2) A ballot paper for a secret ballot is properly completed if— it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and it is put into a ballot paper envelope and the envelope is sealed; and the ballot paper envelope mentioned in paragraph (b) is— if separate from a particulars envelope—put into a properly completed particulars envelope; or if attached to a particulars envelope—still attached to a properly completed particulars envelope; and the properly completed particulars envelope is sealed and given to the chairperson.\n- (a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and (v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\n- (b) the signature of the individual appears on the paper; and\n- (c) the individual gives the paper to the chairperson.\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (v) the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\n- (a) it states the name of 1 nominee for each of the members of the committee required to be elected and to which the ballot relates; and\n- (b) it is put into a ballot paper envelope and the envelope is sealed; and\n- (c) the ballot paper envelope mentioned in paragraph (b) is— (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and\n- (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or\n- (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and\n- (d) the properly completed particulars envelope is sealed and given to the chairperson.\n- (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or\n- (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and","sortOrder":41},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Properly completed particulars envelope","content":"### sch.1-sec.13 Properly completed particulars envelope\n\nA particulars envelope is properly completed if—\nit states—\nthe name of the individual voting; and\nthe number of the lot entitling the individual to vote; and\nthe name of the proprietor of the lot; and\nthe capacity in which the individual is voting; and\nit contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and\nthe signature of the individual and the date of signing appears on the particulars envelope.\n- (a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (b) it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and\n- (c) the signature of the individual and the date of signing appears on the particulars envelope.\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and","sortOrder":42},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Result of ballot","content":"### sch.1-sec.14 Result of ballot\n\nFor an election—\nof chairperson—the individual who receives the highest number of votes is elected as chairperson; or\nof secretary—the individual who receives the highest number of votes is elected as secretary; or\nof treasurer—the individual who receives the highest number of votes is elected as treasurer; or\nas other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.\nHowever, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.\n(sch.1-sec.14-ssec.1) For an election— of chairperson—the individual who receives the highest number of votes is elected as chairperson; or of secretary—the individual who receives the highest number of votes is elected as secretary; or of treasurer—the individual who receives the highest number of votes is elected as treasurer; or as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.\n(sch.1-sec.14-ssec.2) However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.\n- (a) of chairperson—the individual who receives the highest number of votes is elected as chairperson; or\n- (b) of secretary—the individual who receives the highest number of votes is elected as secretary; or\n- (c) of treasurer—the individual who receives the highest number of votes is elected as treasurer; or\n- (d) as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.","sortOrder":43},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Nominations","content":"# Nominations","sortOrder":44},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Secretary to give notices calling for nominations","content":"### sch.2-sec.1 Secretary to give notices calling for nominations\n\nThe secretary must give a written notice to each proprietor inviting the proprietor to nominate individuals for election as chairperson, secretary, treasurer and other committee members of the body corporate.\nThe notice must be given 35 days before the anniversary of the first annual general meeting.\n(sch.2-sec.1-ssec.1) The secretary must give a written notice to each proprietor inviting the proprietor to nominate individuals for election as chairperson, secretary, treasurer and other committee members of the body corporate.\n(sch.2-sec.1-ssec.2) The notice must be given 35 days before the anniversary of the first annual general meeting.","sortOrder":45},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Properly completed nominations","content":"### sch.2-sec.2 Properly completed nominations\n\nThe nomination of an individual eligible for election as chairperson, secretary, treasurer or other committee member is properly completed if—\nit is in writing; and\nit states—\nthe name of the proprietor making the nomination, or on whose behalf the nomination is being made; and\nthe name of the nominee; and\nwhether the nominee is—\na proprietor; or\na company nominee; or\nneither a proprietor nor a company nominee; and\nit is signed by—\nthe proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and\nthe nominee.\n- (a) it is in writing; and\n- (b) it states— (i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and (ii) the name of the nominee; and (iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and\n- (i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and\n- (ii) the name of the nominee; and\n- (iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and\n- (A) a proprietor; or\n- (B) a company nominee; or\n- (C) neither a proprietor nor a company nominee; and\n- (c) it is signed by— (i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and (ii) the nominee.\n- (i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and\n- (ii) the nominee.\n- (i) the name of the proprietor making the nomination, or on whose behalf the nomination is being made; and\n- (ii) the name of the nominee; and\n- (iii) whether the nominee is— (A) a proprietor; or (B) a company nominee; or (C) neither a proprietor nor a company nominee; and\n- (A) a proprietor; or\n- (B) a company nominee; or\n- (C) neither a proprietor nor a company nominee; and\n- (A) a proprietor; or\n- (B) a company nominee; or\n- (C) neither a proprietor nor a company nominee; and\n- (i) the proprietor making the nomination or the individual making the nomination on the proprietor’s behalf; and\n- (ii) the nominee.","sortOrder":46},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Absence of nominees","content":"### sch.2-sec.3 Absence of nominees\n\nSchedule 1 applies instead of this schedule—\nif there is no nominee for chairperson—to the nomination and election of the chairperson; and\nif there is no nominee for secretary—to the nomination and election of the secretary; and\nif there is no nominee for treasurer—to the nomination and election of the treasurer; and\nif there are no nominees for other committee members—to the nomination and election of the other committee members.\n- (a) if there is no nominee for chairperson—to the nomination and election of the chairperson; and\n- (b) if there is no nominee for secretary—to the nomination and election of the secretary; and\n- (c) if there is no nominee for treasurer—to the nomination and election of the treasurer; and\n- (d) if there are no nominees for other committee members—to the nomination and election of the other committee members.","sortOrder":47},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Sole nominees for election as chairperson, secretary or treasurer","content":"### sch.2-sec.4 Sole nominees for election as chairperson, secretary or treasurer\n\nIf there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.\nIf there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.\nIf there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.\n(sch.2-sec.4-ssec.1) If there is only 1 nominee for election as chairperson, the nominee is taken to be elected as chairperson.\n(sch.2-sec.4-ssec.2) If there is only 1 nominee for election as secretary, the nominee is taken to be elected as secretary.\n(sch.2-sec.4-ssec.3) If there is only 1 nominee for election as treasurer, the nominee is taken to be elected as treasurer.","sortOrder":48},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Multiple nominees for election as chairperson, secretary or treasurer","content":"### sch.2-sec.5 Multiple nominees for election as chairperson, secretary or treasurer\n\nIf there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.\nIf there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.\nIf there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.\n(sch.2-sec.5-ssec.1) If there are 2 or more nominees for election as chairperson, the election of the chairperson must be by ballot.\n(sch.2-sec.5-ssec.2) If there are 2 or more nominees for election as secretary, the election of the secretary must be by ballot.\n(sch.2-sec.5-ssec.3) If there are 2 or more nominees for election as treasurer, the election of the treasurer must be by ballot.","sortOrder":49},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Required number of nominees for election as other committee members","content":"### sch.2-sec.6 Required number of nominees for election as other committee members\n\nIf the number of nominees for election as other committee members is the same as the number of other committee members required to make up the committee, the nominees are taken to be elected as other committee members.","sortOrder":50},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Less than required number of nominees for election as other committee members","content":"### sch.2-sec.7 Less than required number of nominees for election as other committee members\n\nIf the number of nominees for election as other committee members is less than the number of other committee members required to make up the committee—\nthe nominees are taken to be elected as other committee members of the committee; and\nschedule 1 applies instead of this schedule to the nomination and election of the number of committee members, other than those mentioned in paragraph (a) , required to make up the committee.\n- (a) the nominees are taken to be elected as other committee members of the committee; and\n- (b) schedule 1 applies instead of this schedule to the nomination and election of the number of committee members, other than those mentioned in paragraph (a) , required to make up the committee.","sortOrder":51},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"More than required number of nominees for election as other committee members","content":"### sch.2-sec.8 More than required number of nominees for election as other committee members\n\nIf neither section 6 nor 7 applies, the election of the other committee members must be by ballot.","sortOrder":52},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Elections","content":"# Elections","sortOrder":53},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Elections must be separate","content":"### sch.2-sec.9 Elections must be separate\n\nA body corporate must have a separate election for each of the following—\nthe chairperson of the body corporate;\nthe secretary of the body corporate;\nthe treasurer of the body corporate;\nthe other committee members.\n- (a) the chairperson of the body corporate;\n- (b) the secretary of the body corporate;\n- (c) the treasurer of the body corporate;\n- (d) the other committee members.","sortOrder":54},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Pre-ballot","content":"### sch.2-sec.10 Pre-ballot\n\nBefore each ballot the secretary must give to each proprietor—\nfor an open ballot—\na ballot paper; and\na ballot paper envelope addressed to the secretary; or\nfor a secret ballot—\na ballot paper; and\na ballot paper envelope; and\na particulars envelope addressed to the secretary.\nIf a ballot paper is not available for use for any reason, a secretary must give a replacement ballot paper to the proprietor or the individual voting on the proprietor’s behalf.\nA secretary who gives a replacement ballot paper under subsection (2) must—\nmake a written record of—\nthe reason the ballot paper is not available for use; and\nthe individual to whom the replacement paper is given; and\nwhen the replacement paper is given; and\nshow the record to the chairperson before the votes are counted.\n(sch.2-sec.10-ssec.1) Before each ballot the secretary must give to each proprietor— for an open ballot— a ballot paper; and a ballot paper envelope addressed to the secretary; or for a secret ballot— a ballot paper; and a ballot paper envelope; and a particulars envelope addressed to the secretary.\n(sch.2-sec.10-ssec.2) If a ballot paper is not available for use for any reason, a secretary must give a replacement ballot paper to the proprietor or the individual voting on the proprietor’s behalf.\n(sch.2-sec.10-ssec.3) A secretary who gives a replacement ballot paper under subsection (2) must— make a written record of— the reason the ballot paper is not available for use; and the individual to whom the replacement paper is given; and when the replacement paper is given; and show the record to the chairperson before the votes are counted.\n- (a) for an open ballot— (i) a ballot paper; and (ii) a ballot paper envelope addressed to the secretary; or\n- (i) a ballot paper; and\n- (ii) a ballot paper envelope addressed to the secretary; or\n- (b) for a secret ballot— (i) a ballot paper; and (ii) a ballot paper envelope; and (iii) a particulars envelope addressed to the secretary.\n- (i) a ballot paper; and\n- (ii) a ballot paper envelope; and\n- (iii) a particulars envelope addressed to the secretary.\n- (i) a ballot paper; and\n- (ii) a ballot paper envelope addressed to the secretary; or\n- (i) a ballot paper; and\n- (ii) a ballot paper envelope; and\n- (iii) a particulars envelope addressed to the secretary.\n- (a) make a written record of— (i) the reason the ballot paper is not available for use; and (ii) the individual to whom the replacement paper is given; and (iii) when the replacement paper is given; and\n- (i) the reason the ballot paper is not available for use; and\n- (ii) the individual to whom the replacement paper is given; and\n- (iii) when the replacement paper is given; and\n- (b) show the record to the chairperson before the votes are counted.\n- (i) the reason the ballot paper is not available for use; and\n- (ii) the individual to whom the replacement paper is given; and\n- (iii) when the replacement paper is given; and","sortOrder":55},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Ballot papers","content":"### sch.2-sec.11 Ballot papers\n\nA ballot paper must state—\nthe number of individuals required to be elected; and\nthe names of the nominees nominated by properly completed nominations; and\nwhether a nominee is—\na proprietor; or\na company nominee; or\nneither a proprietor nor a company nominee; and\nby whom each nominee was nominated.\n- (a) the number of individuals required to be elected; and\n- (b) the names of the nominees nominated by properly completed nominations; and\n- (c) whether a nominee is— (i) a proprietor; or (ii) a company nominee; or (iii) neither a proprietor nor a company nominee; and\n- (i) a proprietor; or\n- (ii) a company nominee; or\n- (iii) neither a proprietor nor a company nominee; and\n- (d) by whom each nominee was nominated.\n- (i) a proprietor; or\n- (ii) a company nominee; or\n- (iii) neither a proprietor nor a company nominee; and","sortOrder":56},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Opening envelopes","content":"### sch.2-sec.12 Opening envelopes\n\nA ballot paper envelope must be opened—\nfor an open ballot—by the secretary, after all votes cast have been given to the secretary; and\nfor a secret ballot—by the chairperson, or an individual appointed by the chairperson, after—\nall votes cast have been given to the secretary; and\nthe chairperson, or an individual appointed by the chairperson, is satisfied that—\nthe particulars envelope for the ballot paper envelope is properly completed; and\nthe individual who completed the particulars envelope is entitled to vote; and\nthe ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (a) for an open ballot—by the secretary, after all votes cast have been given to the secretary; and\n- (b) for a secret ballot—by the chairperson, or an individual appointed by the chairperson, after— (i) all votes cast have been given to the secretary; and (ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and (iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (i) all votes cast have been given to the secretary; and\n- (ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and\n- (A) the particulars envelope for the ballot paper envelope is properly completed; and\n- (B) the individual who completed the particulars envelope is entitled to vote; and\n- (iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (i) all votes cast have been given to the secretary; and\n- (ii) the chairperson, or an individual appointed by the chairperson, is satisfied that— (A) the particulars envelope for the ballot paper envelope is properly completed; and (B) the individual who completed the particulars envelope is entitled to vote; and\n- (A) the particulars envelope for the ballot paper envelope is properly completed; and\n- (B) the individual who completed the particulars envelope is entitled to vote; and\n- (iii) the ballot paper envelope has been drawn randomly from a receptacle in open view of the meeting.\n- (A) the particulars envelope for the ballot paper envelope is properly completed; and\n- (B) the individual who completed the particulars envelope is entitled to vote; and","sortOrder":57},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Counting ballot","content":"### sch.2-sec.13 Counting ballot\n\nThe chairperson, or an individual appointed by the chairperson, must count the votes recorded on properly completed ballot papers.","sortOrder":58},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Properly completed ballot papers","content":"### sch.2-sec.14 Properly completed ballot papers\n\nA ballot paper for an open ballot is properly completed if—\nit states—\nthe name of the individual voting; and\nthe number of the lot entitling the individual to vote; and\nthe name of the proprietor of the lot; and\nthe capacity in which the individual is voting; and\nthe name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\nthe signature of the individual appears on the paper; and\nif the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and\nthe individual gives the paper to the secretary before or at the annual general meeting.\nA ballot paper for a secret ballot is properly completed if—\nit states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\nit is put into a ballot paper envelope and the envelope is sealed; and\nthe ballot paper envelope mentioned in paragraph (b) is—\nif separate from a particulars envelope—put into a properly completed particulars envelope; or\nif attached to a particulars envelope—still attached to a properly completed particulars envelope; and\nthe properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.\n(sch.2-sec.14-ssec.1) A ballot paper for an open ballot is properly completed if— it states— the name of the individual voting; and the number of the lot entitling the individual to vote; and the name of the proprietor of the lot; and the capacity in which the individual is voting; and the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and the signature of the individual appears on the paper; and if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and the individual gives the paper to the secretary before or at the annual general meeting.\n(sch.2-sec.14-ssec.2) A ballot paper for a secret ballot is properly completed if— it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and it is put into a ballot paper envelope and the envelope is sealed; and the ballot paper envelope mentioned in paragraph (b) is— if separate from a particulars envelope—put into a properly completed particulars envelope; or if attached to a particulars envelope—still attached to a properly completed particulars envelope; and the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.\n- (a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and (v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\n- (b) the signature of the individual appears on the paper; and\n- (c) if the paper is given to the secretary before the annual general meeting—it is put into a ballot paper envelope and the envelope is sealed; and\n- (d) the individual gives the paper to the secretary before or at the annual general meeting.\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (v) the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\n- (a) it states the name of 1 nominee for each member of the committee required to be elected and to which the ballot relates; and\n- (b) it is put into a ballot paper envelope and the envelope is sealed; and\n- (c) the ballot paper envelope mentioned in paragraph (b) is— (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and\n- (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or\n- (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and\n- (d) the properly completed particulars envelope is sealed and given to the secretary before or at the annual general meeting.\n- (i) if separate from a particulars envelope—put into a properly completed particulars envelope; or\n- (ii) if attached to a particulars envelope—still attached to a properly completed particulars envelope; and","sortOrder":59},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Properly completed particulars envelope","content":"### sch.2-sec.15 Properly completed particulars envelope\n\nA particulars envelope is properly completed if—\nit states—\nthe name of the individual voting; and\nthe number of the lot entitling the individual to vote; and\nthe name of the proprietor of the lot; and\nthe capacity in which the individual is voting; and\nit contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and\nthe signature of the individual and the date of signing appears on the particulars envelope.\n- (a) it states— (i) the name of the individual voting; and (ii) the number of the lot entitling the individual to vote; and (iii) the name of the proprietor of the lot; and (iv) the capacity in which the individual is voting; and\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and\n- (b) it contains, or is attached to, a sealed ballot paper envelope containing a properly completed ballot paper; and\n- (c) the signature of the individual and the date of signing appears on the particulars envelope.\n- (i) the name of the individual voting; and\n- (ii) the number of the lot entitling the individual to vote; and\n- (iii) the name of the proprietor of the lot; and\n- (iv) the capacity in which the individual is voting; and","sortOrder":60},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Result of ballot","content":"### sch.2-sec.16 Result of ballot\n\nFor an election—\nas chairperson—the individual who receives the highest number of votes is elected as chairperson; and\nas secretary—the individual who receives the highest number of votes is elected as secretary; and\nas treasurer—the individual who receives the highest number of votes is elected as treasurer; and\nas other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.\nHowever, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.\n(sch.2-sec.16-ssec.1) For an election— as chairperson—the individual who receives the highest number of votes is elected as chairperson; and as secretary—the individual who receives the highest number of votes is elected as secretary; and as treasurer—the individual who receives the highest number of votes is elected as treasurer; and as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.\n(sch.2-sec.16-ssec.2) However, if 2 or more individuals receive the same number of votes and the number of individuals who would, under subsection (1) (a) , (b) , (c) or (d) be elected, is higher than the number required to be elected, the result of the election must be decided by chance in the way the meeting decides.\n- (a) as chairperson—the individual who receives the highest number of votes is elected as chairperson; and\n- (b) as secretary—the individual who receives the highest number of votes is elected as secretary; and\n- (c) as treasurer—the individual who receives the highest number of votes is elected as treasurer; and\n- (d) as other committee members—the individuals who receive the highest number of votes, in descending order, up to the number of persons required to be elected, are elected as the other committee members.","sortOrder":61},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Fees payable to the referee or tribunal","content":"# Fees payable to the referee or tribunal","sortOrder":62},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Fees payable to a body corporate","content":"# Fees payable to a body corporate","sortOrder":63}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.18 (subsec.2)","severity":"high","reasoning":"Section 18(2) states forms are taken to be approved under s 4 of this regulation. Section 4 has been omitted entirely. This creates a legal dead-end: transitional forms are deemed approved under a section that no longer exists, leaving their status legally uncertain or void.","confidence":0.92,"description":"The transitional provision states that forms approved under the repealed regulation are taken to be approved under section 4 of this regulation. However, section 4 was itself omitted by 2021 Act No. 12 s 148 sch 3, meaning the transitional provision now directs forms to be approved under a non-existent provision."},{"type":"circular_definition","section":"sec.5","severity":"high","reasoning":"Without a definition of 'approved form', the mandatory requirement in s 5(1)(a) is rendered unenforceable or at minimum ambiguous. The term is used but not defined within the regulation, creating an impossible compliance scenario unless the definition exists elsewhere in the Act.","confidence":0.8,"description":"Section 5 requires a relevant document to be in 'the approved form', but the definition of 'approved form' in section 3 was omitted by 2021 Act No. 12 s 148 sch 3. The requirement to comply with an approved form therefore references a concept that is no longer defined in the regulation."},{"type":"impossible_compliance","section":"sec.12 (Restriction on expenditure by committee)","severity":"medium","reasoning":"While not strictly a logical flaw in the text, a $200 ceiling on committee expenditure set in 2008 has never been indexed. In practical terms, this may render lawful committee management nearly impossible for ordinary maintenance decisions, though this is more a policy absurdity than a drafting contradiction.","confidence":0.65,"description":"The prescribed amount restricting committee expenditure without a general meeting resolution is fixed at $200. This amount has not been updated since 2008 and, given inflation since commencement, may now be so low as to make routine committee administration practically impossible without constant general meeting approval."},{"type":"impossible_compliance","section":"sch.2-sec.10 (Pre-ballot)","severity":"medium","reasoning":"The secretary is responsible for distributing ballots (sch.2-sec.10) and administering the election process in which they themselves may be a nominee (sch.2-sec.1 and sec.5). No provision disqualifies the secretary from administering an election in which they are a candidate, which is a structural absurdity in election integrity.","confidence":0.85,"description":"Schedule 2, section 10 requires the secretary to distribute ballot papers to proprietors before the annual general meeting for a postal/pre-meeting vote process, yet Schedule 2, section 13 states the chairperson (not the secretary) counts the votes. However, the secretary is also the candidate being voted on in one of those ballots. A sitting secretary distributing ballot papers for an election in which they are themselves a nominee creates an obvious conflict of interest and potential for manipulation, with no disqualification or safeguard mechanism."},{"type":"self_contradicting","section":"sch.1-sec.10 / sch.2-sec.12 (Opening envelopes - secret ballot)","severity":"medium","reasoning":"The secret ballot procedure requires identity verification (checking particulars envelopes with names, lot numbers, capacities) before opening the anonymous ballot paper envelope. This sequential process in an open meeting setting means the voter's identity is publicly associated with their vote submission, undermining the secrecy the procedure is designed to protect.","confidence":0.78,"description":"For a secret ballot, a ballot paper envelope must be drawn randomly from a receptacle 'in open view of the meeting' only after the chairperson is satisfied the particulars envelope is properly completed and the voter is entitled to vote. However, checking the particulars envelope necessarily reveals the identity of the voter before the ballot paper envelope is opened, which defeats the purpose of a secret ballot by linking the voter's identity to the act of voting at the point of scrutiny."},{"type":"impossible_compliance","section":"sch.2-sec.1 (ssec.2)","severity":"low","reasoning":"While edge-case, the rigid reference to 'anniversary of the first annual general meeting' without a fallback for non-existent calendar dates (e.g., 29 February in non-leap years) could theoretically render compliance impossible in certain years.","confidence":0.45,"description":"The notice calling for nominations must be given '35 days before the anniversary of the first annual general meeting.' For a body corporate whose first AGM was held on a date like 29 February (leap year), the 'anniversary' may not exist in non-leap years, creating an impossible compliance date."},{"type":"other","section":"sec.15A (ssec.2)","severity":"low","reasoning":"The exhaustive rounding provisions cap out at $1,000. Any fee exceeding $1,000 has no prescribed rounding rule under this section, creating an incomplete compliance framework for higher-value fees.","confidence":0.75,"description":"Section 15A(2) only provides rounding rules for fee amounts not more than $100 (round to nearest 5 cents) and more than $100 but not more than $1,000 (round to nearest 10 cents). There is no rounding rule prescribed for fee amounts exceeding $1,000, leaving a gap in the rounding methodology."}],"contradictions":[{"severity":"high","section_a":"sec.18 (ssec.2)","section_b":"sec.4 (omitted)","confidence":0.93,"description":"Section 18(2) directs that transitional forms are taken to be approved under section 4 of this regulation, but section 4 has been entirely omitted by the 2021 amending Act. The transitional saving provision therefore references a provision that does not exist in the current regulation."},{"severity":"high","section_a":"sec.3 (definition of 'approved form' — omitted)","section_b":"sec.5 (ssec.1)(a)","confidence":0.85,"description":"Section 5(1)(a) mandates that a relevant document must be 'in the approved form', but the definition of 'approved form' in section 3 has been omitted by the 2021 amending Act. The operative obligation in section 5 therefore relies on an undefined term within this regulation."},{"severity":"medium","section_a":"sch.1-sec.1 (ssec.1)(b) — open ballot resolution","section_b":"sch.1-sec.5 / sch.1-sec.7 — ballot mandatory","confidence":0.7,"description":"Schedule 1, section 1 requires the meeting to decide 'if the election of the committee will be by open ballot', implying open ballot is optional. However, Schedule 1, sections 5 and 7 mandate that where there are multiple nominees, the election 'must be by ballot' without specifying it must be an open ballot. The interaction between the preliminary resolution for open ballot and the mandatory ballot trigger in contested elections is ambiguous — it is unclear whether the preliminary resolution in sec.1(b) controls the type of ballot under sec.5/7, or whether the default secret ballot under the Act governs."},{"severity":"low","section_a":"sch.2-sec.3 (Absence of nominees — fallback to Schedule 1)","section_b":"sch.2-sec.7 (Less than required number — fallback to Schedule 1)","confidence":0.62,"description":"Schedule 2, section 3 triggers Schedule 1 when there are NO nominees for a position. Schedule 2, section 7 triggers Schedule 1 when there are FEWER nominees than positions required. However, 'no nominees' is a subset of 'fewer nominees than required', meaning both sections could apply simultaneously in the case of zero nominees for other committee members, creating potential ambiguity about which provision governs and whether both apply cumulatively."},{"severity":"medium","section_a":"sch.2-sec.10 (ssec.1) — secretary distributes ballot papers","section_b":"sch.2-sec.12 (ssec.1)(a) — secretary opens envelopes for open ballot","confidence":0.72,"description":"For an open ballot under Schedule 2, the secretary distributes ballot papers (sec.10) and also opens the ballot paper envelopes (sec.12(a)). Yet Schedule 2, section 13 states the chairperson (or their appointee) counts the votes. This creates a procedural split where the secretary controls distribution and opening but not counting, yet no provision addresses the scenario where the secretary is the sole nominee and has sole custody of the ballots before the chairperson counts them."},{"severity":"low","section_a":"sch.2-sec.14 (ssec.1)(c) — ballot paper must be sealed in envelope if given before AGM","section_b":"sch.2-sec.14 (ssec.1)(d) — individual gives paper to secretary before or at AGM","confidence":0.78,"description":"For an open ballot, section 14(1)(c) requires that if the paper is given to the secretary BEFORE the meeting, it must be put into a sealed ballot paper envelope. However, section 14(1)(d) allows giving the paper to the secretary AT the meeting without any envelope requirement. This means a ballot cast at the meeting is less procedurally secure (no envelope required) than one cast before the meeting, creating an inconsistency in the integrity requirements for otherwise equivalent votes."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has materially expanded beyond its original 2008 scope through amendments. Notably, section 10A (inserted in 2024) added a comprehensive prescribed list of matters for body corporate certificates, and section 16A (re-inserted in 2025) introduced a priority 24-hour certificate service with fee and refund provisions. These additions reflect a growing consumer protection and transparency focus for property buyers that goes beyond the original administrative and procedural focus of the regulation."},"complexity_factors":["Heavily cross-references the parent Act (Building Units and Group Titles Act) throughout, making it impossible to fully understand without the Act itself","Two distinct election procedures (Schedule 1 and Schedule 2) with overlapping but different rules, and cross-referencing between them when nominees are absent or insufficient","Multiple layers of nested conditions — e.g., ballot procedures differ depending on whether it is an open or secret ballot, and whether it is at a first or subsequent AGM","Detailed procedural requirements for ballot papers and envelopes (inner envelopes, outer particulars envelopes, signing requirements) that require careful step-by-step compliance","Body corporate certificate requirements (s.10A) list 19 separate prescribed matters with multiple sub-items, requiring coordination across several sections of the Act","Fee amounts expressed as 'fee units' rather than fixed dollar amounts, requiring a separate calculation using rounding rules and referencing the Acts Interpretation Act 1954","Has been amended multiple times (2009, 2015, 2020, 2021, 2022, 2024, 2025), with some provisions repealed and replaced, creating drafting complexity and version-tracking challenges","Interaction between different types of strata schemes (building units plans vs group titles plans) and different specified Acts adds an additional layer of classification"],"plain_english_summary":"This Queensland regulation is the detailed rulebook for strata (body corporate) administration — how plans are registered, committees are elected, finances and records are kept, insurance and spending are managed, and what must be disclosed to buyers.  \n\nIt affects unit owners, body corporate committees and managers, purchasers, and dispute tribunals by prescribing operational procedures, disclosure requirements, fee rules and hardship pathways that determine governance, liability and must-know information for transactions and disputes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation replaces the 1998 instrument (s17) and adds detailed administrative prescriptions not set out in the Act itself: mandated registration format and registrar duties (s5–6), a comprehensive list of items required in a body corporate certificate (s10A), explicit monetary thresholds and a formula for improvement costs (s9, s12, s13), record‑retention periods (s10), and a structured fee and priority‑service regime including refunds (s15, s16A). These provisions materially specify administrative scope and compliance obligations beyond high‑level Act provisions."},"complexity_factors":["Extensive cross‑references to the parent Act throughout (e.g. nomination, meeting and certificate provisions), increasing dependency on external text.","Detailed procedural schedules governing nominations and secret/open ballots (schedules 1 and 2) with multiple required steps and envelope rules.","Multiple quantitative prescriptions: formulas and fixed amounts ($PA = 2,000 × L in s9; $200 cap in s12; $10m insurance in s13).","Prescriptive content list for body corporate certificates with many discrete items (s10A) raising administrative and disclosure burdens.","Fee regime and rounding rules, plus priority fees and refund mechanics (s15, s15A, s16A), requiring financial processing.","Registrar and referee discretions and duties (registration formatting and charting in s5–6; fee remission in s16) that require decision records.","Repeal and transitional clauses (s17–18) that change administrative continuity and may affect legacy forms."],"plain_english_summary":"This regulation sets out practical rules for bodies corporate in building‑unit and group‑title schemes: how plans and conversion notices must be lodged and marked (s5–6), what must be included in a body corporate certificate (s10A), prescribed monetary thresholds (insurance $10m; committee expenditure $200) and a formula for improvement costs (s13, s12, s9), record‑keeping times (s10), and fees and priority‑service rules including refunds (s15, s16A). It affects proprietors, bodies corporate, registrars and referees by prescribing compliance steps, fees payable and election procedures (schedules 1–2)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2008 scope. The 2024 insertion of section 10A added extensive disclosure requirements for body corporate certificates (19 specific items including embedded electricity networks, letting arrangements, and maintenance responsibilities). The 2025 insertion of section 16A introduced priority certificate mechanisms. These additions reflect a shift from purely procedural election rules to comprehensive consumer protection and transparency measures for property transactions."},"complexity_factors":["Dual election systems (Schedules 1 and 2) with cross-references between them and fallback provisions (e.g., Schedule 1 applies if no nominees under Schedule 2)","Extensive nested subsections and paragraph numbering (up to 5 levels deep: section-subsection-paragraph-subparagraph-sub-subparagraph)","Multiple defined terms referencing external Act sections (e.g., 'annual general meeting means an annual general meeting under section 29A(1) of the Act')","Conditional logic for ballot procedures depending on whether the ballot is open or secret, and whether it occurs at the meeting or beforehand","Cross-references to repealed provisions and transitional arrangements (e.g., section 18 dealing with forms from the 1998 regulation)","Amendment history embedded in text showing multiple amendments (2021, 2022, 2024, 2025) with some sections omitted and others inserted","Detailed procedural requirements for ballot papers, envelopes, and verification processes with multiple satisfaction conditions"],"plain_english_summary":"This regulation sets out the detailed rules for how body corporate committees are elected in Queensland, how property plans are registered, and what fees apply for disputes and certificates.\n\n**Who it affects:**\n- **Unit owners and body corporate members** in Queensland strata schemes (building units and group titles plans)\n- **The Registrar of Titles** who handles property plan registrations\n- **Referees and tribunals** who hear disputes\n\n**What it does:**\n\n**1. Committee Elections (Schedules 1 & 2)**\nThe regulation provides two different election procedures depending on the meeting type:\n- **Schedule 1** applies to first annual general meetings and special circumstances (like when standard rules don't apply)\n- **Schedule 2** applies to regular annual general meetings (second and subsequent ones)\n\nBoth schedules cover:\n- How nominations are made and accepted (written or verbal consent required)\n- When elections happen automatically (sole nominees) vs. by ballot (multiple nominees)\n- Detailed ballot procedures including secret ballots with sealed envelopes\n- How votes are counted and ties are broken (by chance/lot)\n\n**2. Plan Registration (Part 2)**\n- Sets requirements for registering plans of amalgamation, resubdivision, and conversion notices\n- Requires the Registrar of Titles to update diagrams and lot entitlement schedules when plans change\n\n**3. Financial and Administrative Rules (Part 4)**\n- Caps committee spending at **$200** without general meeting approval\n- Sets minimum insurance cover at **$10 million**\n- Prescribes what must appear in body corporate certificates (fees, by-laws, insurance, sinking fund balances, etc.)\n- Sets formulas for improvement costs ($2,000 × number of lots)\n- Requires financial records be kept for 6 years after adoption\n\n**4. Fees (Part 5)**\n- Allows for priority (24-hour) body corporate certificates with refundable priority fees\n- Permits fee remission for financial hardship\n- Rounding rules for fee calculations (to nearest 5c under $100, 10c under $1,000)\n\n**Why it matters:**\nThis regulation gives practical effect to the Building Units and Group Titles Act by filling in the procedural gaps. It ensures transparent democratic processes for electing committees, protects owners through mandatory disclosure in certificates, and provides clear rules for property plan changes. The detailed ballot procedures prevent vote tampering, while the spending caps and insurance requirements protect owners' financial interests."}},"importantCases":[],"_links":{"self":"/api/acts/building-units-and-group-titles-regulation-2008","history":"/api/acts/building-units-and-group-titles-regulation-2008/history","analysis":"/api/acts/building-units-and-group-titles-regulation-2008/analysis","conflicts":"/api/acts/building-units-and-group-titles-regulation-2008/conflicts","importantCases":"/api/acts/building-units-and-group-titles-regulation-2008/important-cases","documents":"/api/acts/building-units-and-group-titles-regulation-2008/documents"}}