{"id":"unit-title-schemes-management-modules-regulations-2009","name":"UNIT TITLE SCHEMES (MANAGEMENT MODULES) REGULATIONS 2009","slug":"unit-title-schemes-management-modules-regulations-2009","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177251,"registerId":"nt-unit-title-schemes-management-modules-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5A","sectionType":"section","heading":"Circumstance of dispute","content":"5A Circumstance of dispute\nFor section 84(1)(e) of the Act, a claim by a body corporate or unit\nowner under section 88(3) of the Act is a prescribed circumstance.\n6 Change in management module\n(1) This regulation applies if the management module applying to a\nscheme changes because one of the following events happens:\n(a) the schemes supervisor approves a change to the\nmanagement module under section 94(4)(b) of the Act;\n(b) the number of unit owners for the scheme changes;\n(c) the scheme becomes, or ceases to be, a higher scheme.\n(2) The management module applying to the scheme immediately\nbefore the event continues to apply to the scheme until 1 July\nimmediately following the event.\n7 Offences\n(1) The original owner for a scheme must comply with a requirement\nunder the management module applying to the scheme that the\noriginal owner give the body corporate, or the committee of the\nbody corporate, particular documents at the first annual general\nmeeting of the body corporate.\nFault element: The original owner intentionally fails to\ncomply with the requirement.\nMaximum penalty: 100 penalty units.\n(2) Each committee member commits an offence if the committee for a\nstandard scheme fails to comply with a requirement under the\nmanagement module applying to the scheme that the committee:\n(a) ensure particular records are kept for the body corporate; and\n\nUnit Title Schemes (Management Modules) Regulations 2009 3\n(b) prepare a financial statement at the end of a financial year\nshowing particular information.\nFault element: The committee member is reckless in\nrelation to the failure to comply with the\nrequirement.\nMaximum penalty: 20 penalty units.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 4\nSchedule 1 Management module 1 – standard scheme\nregulation 5(1)(a)\nPart 1 Preliminary matters\n1 Definitions\nIn this management module:\nacting committee member, see clause 10(1).\nannual financial statement, see clause 55(1)(b).\nannual general meeting, see clause 29.\nauthorised audit company, see section 9 of the Corporations\nAct 2001.\nchairperson:\n(a) of a committee – means the person elected under\nclause 7(1)(a); or\n(b) of a body corporate – means the chairperson under\nclause 7(2).\ncommittee meeting means a meeting of the committee of a body\ncorporate.\ncompany means:\n(a) a company as defined in section 9 of the Corporations\nAct 2001; or\n(b) an incorporated association as defined in section 4 of the\nAssociations Act 2003; or\n(c) any other body corporate.\nfirst annual general meeting means the meeting mentioned in\nclause 26.\ngeneral meeting means a meeting of a body corporate.\ninterim resolution, see clause 3.\nnotice of opposition, see clause 21(1).\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 5\nrestricted matter, for a body corporate, means a matter a decision\non which, under the Act or clause 25 of this management module,\nmay be made only by the body corporate.\nsecretary:\n(a) of a committee – means the person elected under\nclause 7(1)(b); or\n(b) of a body corporate – means the secretary under clause 7(2).\nspecial levy means a levy charged under clause 50 or 51.\nteleconferencing includes the use of telephone, computer or video\nequipment.\n2 Decisions of body corporate\n(1) A decision of a body corporate must be made:\n(a) at a general meeting of the body corporate; or\n(b) in accordance with the process set out in clause 34.\n(2) Unless otherwise specified in this management module, a motion is\npassed at a general meeting if it is passed by an ordinary\nresolution.\n3 Interim resolutions\n(1) An interim resolution is a resolution of a committee or body\ncorporate made at a meeting without a quorum.\n(2) An interim resolution does not have effect until it becomes a\nresolution in accordance with the process set out:\n(a) for an interim resolution of a committee – in clause 15; or\n(b) for an interim resolution of a body corporate – in clause 34.\nPart 2 Committee of body corporate\nDivision 1 Constitution of committee\n4 Constitution of committee before first annual general meeting\n(1) Until the first annual general meeting of a body corporate, the\ncommittee of the body corporate consists of the members of the\nbody corporate, who are taken to be elected committee members.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 6\n(2) If a member of the body corporate is a company, the member must\nappoint an individual to be a committee member in place of the\nmember.\n(3) The committee must not exercise a power or perform a function of\nthe body corporate unless authorised to do so by a resolution\nwithout dissent of the body corporate recorded in accordance with\nclause 57.\n(4) Each committee member vacates office immediately before the\nelection of committee members at the first annual general meeting.\n5 Number of committee members after first annual general\nmeeting\n(1) The body corporate must, at its first annual general meeting:\n(a) decide the number of members who will constitute the\ncommittee; and\n(b) elect the committee members.\n(2) The number of committee members must be:\n(a) at least 2; and\n(b) unless decided by a special resolution – not more than 7.\n(3) The body corporate may, by a special resolution at a later annual\ngeneral meeting, vary the number.\n(4) However, the committee consists of all the members of the body\ncorporate if:\n(a) there are not more than 3 members of the body corporate; or\n(b) the number of members of the body corporate is equal to or\nless than the number decided to be the number of committee\nmembers.\n(5) If subclause (4) applies:\n(a) the committee members are taken to be elected committee\nmembers; and\n(b) if a member of the body corporate is a company – the member\nmust appoint an individual to be a committee member in place\nof the member.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 7\n6 Election of committee members\n(1) The body corporate must elect the committee members at each\nannual general meeting.\n(2) If a member of the body corporate is a company, the member may\nappoint an individual to stand for election on behalf of the member.\nNote for clause 6\nUnder section 74(3) of the Act, a committee member must be:\n(a) a unit owner that is an individual; or\n(b) an individual appointed by a unit owner that is a body corporate.\n7 Chairperson and secretary\n(1) At the first committee meeting after the annual general meeting, the\ncommittee must elect:\n(a) the chairperson of the committee; and\n(b) the secretary of the committee.\n(2) The chairperson and secretary of the committee are also the\nchairperson and secretary of the body corporate.\n(3) The chairperson and secretary hold office for the term and on the\nconditions decided by the body corporate.\n8 Term of office of committee member\n(1) The term of office of a committee member expires immediately\nbefore the election of the committee members at the next annual\ngeneral meeting after the member's election.\n(2) A committee member leaves office before the member's term\nexpires:\n(a) for a committee member who is a unit owner that is an\nindividual – if the committee member stops being a unit owner;\nor\n(b) for a committee member who is an appointee of a unit owner\nthat is a company – if the unit owner:\n(i) stops being a unit owner; or\n(ii) gives the body corporate written notice that the unit\nowner has terminated the appointment of the committee\nmember; or\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 8\n(c) if the committee member resigns from office by written notice\nto the body corporate; or\n(d) if the body corporate removes the committee member from\noffice under clause 9.\n(3) If a committee member leaves office before the committee\nmember's term expires, the committee must appoint another\nmember of the body corporate, who is a person mentioned in\nsection 74(3) of the Act, to be a committee member for the\nunexpired part of the term.\n(4) However, if the committee consists of all the members of the body\ncorporate because of clause 5(4):\n(a) subclauses (2)(c) and (3) do not apply; and\n(b) if the body corporate removes a committee member from\noffice under clause 9, the committee continues to exist without\nthe member.\n9 Removal of committee member for breach of code\n(1) If the body corporate believes a committee member has breached\nthe code of conduct, the body corporate may decide to give the\ncommittee member a written notice stating the following:\n(a) the body corporate believes the committee member has\nbreached a stated provision of the code of conduct and the\nbasis for that belief;\n(b) the committee member may give the body corporate, within\n21 working days after the committee member receives the\nnotice, a written response to the notice;\n(c) the body corporate will consider a motion to remove the\ncommittee member from office for the breach at the next\ngeneral meeting of the body corporate called after the period\nmentioned in paragraph (b) ends.\n(2) The body corporate must:\n(a) include on the agenda of the next general meeting of the body\ncorporate, called after the period mentioned in\nsubclause (1)(b) ends, a motion to remove the committee\nmember from office for breaching the code of conduct; and\n(b) attach to the agenda a copy of the notice given to the\ncommittee member.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 9\n(3) The body corporate may decide to remove the committee member\nfrom office at the next general meeting mentioned in\nsubclause (2)(a).\n(4) In this clause:\ncode of conduct means the code of conduct that applies to a\ncommittee member under section 77 of the Act.\n10 Acting committee member\n(1) A committee member may, with the consent of the committee,\nappoint a person (an acting committee member) to act in the\ncommittee member's place at a committee meeting.\n(2) The acting committee member must be a person mentioned in\nsection 74(3) of the Act.\n(3) If the acting committee member is also a committee member, the\nacting committee member may vote at the meeting separately:\n(a) as a committee member; and\n(b) on behalf of the member who has appointed the acting\ncommittee member.\nDivision 2 Committee meetings\n11 How often committee meets\nThe committee may decide how often it meets.\n12 Calling committee meeting\nA committee meeting may be called by:\n(a) the chairperson of the committee; or\n(b) the secretary of the committee; or\n(c) an ordinary resolution of the committee.\n13 Notice of committee meeting\n(1) The secretary of the committee must give written notice of the\ncommittee meeting to each committee member at least 5 working\ndays before the date of the meeting.\n(2) The notice must:\n(a) specify the date, time and place of the meeting; and\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 10\n(b) include the agenda for the meeting.\n14 Quorum at committee meeting\n(1) A quorum for the committee meeting exists if at least 50% of the\ncommittee members are present at the meeting.\n(2) For deciding whether or not a quorum is present, an acting\ncommittee member is taken to be a committee member.\n15 Interim resolution if no quorum present\n(1) If there is no quorum present at the meeting:\n(a) the meeting may take place but all resolutions made at the\nmeeting are interim resolutions; and\n(b) the secretary of the committee must give the following to each\ncommittee member within 14 working days after the meeting:\n(i) details of each interim resolution made at the meeting;\n(ii) the minutes of the meeting;\n(iii) a notice setting out the effect of subclauses (2) to (4);\n(iv) a voting paper for each interim resolution.\n(2) If an interim resolution is made at the meeting, a committee\nmember may, within 14 working days after receiving the documents\nmentioned in subclause (1)(b), vote on the resolution by recording a\nvote on the voting paper and sending it to the secretary of the\ncommittee.\n(3) The interim resolution becomes a resolution if:\n(a) at least 50% of the committee members vote on it under\nsubclause (2); and\n(b) the votes counted in favour of confirming the interim resolution\nare more than the votes counted against confirming it.\n(4) If less than 50% of the committee members vote on the interim\nresolution under subclause (2), it must be voted on at the next\ncommittee meeting at which a quorum is present.\n(5) An interim resolution may only be made under this clause on a\nmotion that may be passed by an ordinary resolution.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 11\n16 Attendance by teleconferencing\n(1) A committee member may attend and participate in the committee\nmeeting by teleconferencing.\n(2) The secretary of the committee must arrange teleconferencing\nfacilities if requested to do so by the committee member.\n(3) It the committee member attends the meeting by teleconferencing,\nthe committee member is taken to be present at the meeting.\n17 Procedures for committee meeting\nExcept as otherwise provided in the Act and this Division, the\ncommittee may decide the procedures for the committee meeting.\n18 Chairperson of committee meeting\n(1) The chairperson of the committee is the chairperson of the\ncommittee meeting.\n(2) If the chairperson is unable to act as chairperson of the meeting,\nthe committee members must elect a committee member present at\nthe meeting to be chairperson.\n19 Voting at committee meeting\n(1) The chairperson of the committee meeting has the right to vote as a\ncommittee member.\n(2) If the voting on a motion that may be passed by an ordinary\nresolution is equal, the chairperson of the meeting may cast the\ndeciding vote in addition to a vote cast under subclause (1).\n20 Minutes of committee meeting\n(1) The secretary of the committee must keep minutes of each\ncommittee meeting.\n(2) The following matters must be recorded in the minutes:\n(a) the date, time and place of the meeting;\n(b) the names of the committee members present at the meeting;\n(c) the names of the committee members voting at the meeting;\n(d) all resolutions of the committee made at the meeting;\n(e) the voting on all resolutions of the committee at the meeting.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 12\n(3) The secretary must give a copy of the minutes to each member of\nthe body corporate and each other person with a right to vote at a\ngeneral meeting of the body corporate within 21 working days after\nthe meeting.\n21 Notice of opposition to decision of committee meeting\n(1) One or more persons, who together have the right to vote in relation\nto at least 50% of the total interest entitlements of the scheme, may\ngive a notice opposing a decision of the committee (a notice of\nopposition) to the secretary or the chairperson of the committee.\n(2) The notice must be given within 7 working days after the secretary\ngives a copy of the minutes containing the decision under\nclause 20(3).\n(3) The body corporate must consider the notice of opposition at the\nnext general meeting and either approve or disapprove the decision\nof the committee.\nDivision 3 Powers of committee\n22 Giving effect to decisions of committee\nThe committee may give effect to a decision of the committee only\nif:\n(a) the time for giving a notice of opposition to the decision under\nclause 21 ends without a notice of opposition being given; or\n(b) the decision is necessary to deal with an emergency; or\n(c) the decision is approved by the body corporate.\n23 Committee decisions are decisions of body corporate\n(1) A decision of the committee on a matter is taken to be a decision of\nthe body corporate unless:\n(a) the matter is a restricted matter; or\n(b) the committee cannot give effect to the decision under\nclause 22.\n(2) If subclause (1)(a) or (b) applies, the committee's decision has no\neffect.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 13\n24 Restriction on spending by committee\n(1) The body corporate may decide a maximum amount of expenditure\nthat the committee may undertake for repairs or improvements to\nthe common property of the scheme.\n(2) The committee must not undertake expenditure above the amount\nunless authorised by the body corporate.\nPart 3 Meetings of body corporate\nDivision 1 Matters to be decided by body corporate\n25 Body corporate may decide certain matters\nExcept as otherwise provided by the Act, the body corporate may\ndecide that a matter concerning the scheme may be decided only\nby the body corporate.\nDivision 2 Annual general meetings\nSubdivision 1 First annual general meeting\n26 Calling first annual general meeting\nWithin 3 months after the registration of a scheme statement, the\noriginal owner for the scheme must call the first annual general\nmeeting of the body corporate for the scheme.\n27 Documents to be given by original owner\n(1) At the first annual general meeting of the body corporate, the\noriginal owner for the scheme must give the committee the\nfollowing:\n(a) the proposed budget for the first financial year for the body\ncorporate;\n(b) a list of all body corporate assets and liabilities;\n(c) the name and contact address of each unit owner;\n(d) if a body corporate manager has been engaged – the name\nand business address of the body corporate manager;\n(e) a copy of the scheme statement;\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 14\n(f) the accounting records kept by the original owner for the body\ncorporate;\n(g) documents evidencing each contract, lease and licence\nbinding or benefiting the body corporate;\n(h) each certificate of insurance in force for the scheme;\n(i) documents evidencing each warranty or guarantee given on\nany matter for which the body corporate is responsible;\n(j) the seal of the body corporate;\n(k) the certificate of title for the common property of the scheme;\n(l) a copy of this management module.\n(2) However, the original owner is not required to give the certificate of\ntitle for the common property if it is not in the possession or under\nthe control of the original owner.\nNote for clause 27\nUnder regulation 7(1), it is an offence for the original owner to fail to comply with\nthis clause.\n28 Matters to be decided at first annual general meeting\nThe body corporate must, at the first annual general meeting,\ndecide the following:\n(a) whether any insurance policies in force for the scheme should\nbe retained, varied or extended;\n(b) the annual contributions payable by the unit owners to the\nbody corporate;\n(c) whether the proposed budget should be amended;\n(d) under clause 25, which matters may be decided only by the\nbody corporate;\n(e) whether any matters mentioned in paragraph (d) must be\ndecided by a special resolution, a resolution without dissent or\na unanimous resolution.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 15\nSubdivision 2 Further annual general meetings\n29 Annual general meetings\nAfter the first annual general meeting, the body corporate must hold\na general meeting (the annual general meeting):\n(a) at least once every calendar year; and\n(b) within 15 months after the last annual general meeting.\n30 Agenda for annual general meeting\nThe following matters must be on the agenda for an annual general\nmeeting:\n(a) election of committee members;\n(b) consideration of the engagement of a body corporate\nmanager;\n(c) consideration of the annual financial statement;\n(d) approval of a budget for the next financial year;\n(e) review of existing delegations and consideration of proposed\ndelegations.\nDivision 3 Calling general meetings\n31 Calling general meeting other than the first annual general\nmeeting\nA general meeting of the body corporate, other than the first annual\ngeneral meeting, may be called by:\n(a) the chairperson of the body corporate; or\n(b) the secretary of the body corporate; or\n(c) the body corporate manager; or\n(d) a person with a right to vote at the meeting nominated by\npersons who together have the right to vote in relation to at\nleast 25% of the total interest entitlements of the scheme.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 16\n32 Notice of general meeting\n(1) The person calling the general meeting must give written notice of\nthe meeting to each person who has the right to vote at the meeting\nat least:\n(a) 14 working days before the date of the meeting; or\n(b) 21 working days before the date of the meeting if:\n(i) a resolution without dissent or a unanimous resolution is\nproposed to be moved at the meeting; or\n(ii) a resolution to terminate the scheme is proposed to be\nmoved at the meeting.\n(2) The notice must:\n(a) specify the date, time and place of the meeting; and\n(b) include the agenda for the meeting; and\n(c) if the meeting is the annual general meeting – include the\nannual financial statement for the previous financial year and\nthe proposed budget for the next financial year for the body\ncorporate; and\n(d) include the text of any special resolution, resolution without\ndissent or unanimous resolution to be moved at the meeting;\nand\n(e) if a resolution to authorise expenditure for repairs or\nimprovements above the amount mentioned in clause 24(1)\nwill be moved – include 2 quotations for the cost of the repairs\nor improvements.\n(3) The proceedings at the meeting are not invalidated only because\nnotice of the meeting is not given in accordance with this clause.\n(4) However, the meeting must be adjourned to a later date decided by\nthe persons present who have the right to vote at the meeting if:\n(a) notice of the meeting is given to a person who has the right to\nvote at the meeting after the last day for giving notice under\nsubclause (1); and\n(b) the person requests an adjournment:\n(i) before the meeting, in writing to the secretary of the\nbody corporate; or\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 17\n(ii) at the meeting.\n33 Quorum at general meeting\nA quorum for the general meeting exists if persons who together\nhave the right to vote in relation to at least 50% of the total interest\nentitlements of the scheme are present at the meeting.\n34 Interim resolutions if no quorum present\n(1) If there is no quorum present at the general meeting:\n(a) the meeting may take place but all resolutions made at the\nmeeting are interim resolutions; and\n(b) the secretary of the body corporate must give the following to\neach person with a right to vote at the meeting within\n14 working days after the meeting:\n(i) details of each interim resolution made at the meeting;\n(ii) the minutes of the meeting;\n(iii) a notice setting out the effect of subclauses (2) and (3).\n(2) If an interim resolution is made at the meeting, a person may, in\naccordance with clauses 31 and 32, call a further general meeting\nwithin 29 working days after the date of the interim resolution.\n(3) An interim resolution becomes a resolution of the body corporate:\n(a) if notice of a further general meeting is given and the meeting\nis held within 28 working days after the notice is given – if the\nresolution is confirmed at the meeting; or\n(b) if notice of a further general meeting is given and the meeting\nis not held within 28 working days after the notice is given – at\nthe end of that 28 working day period; or\n(c) otherwise – 29 working days after the date of the interim\nresolution.\n(4) An interim resolution may only be made under this clause on a\nmotion that may be passed by an ordinary resolution.\n35 Attendance by teleconferencing\n(1) A person who has the right to vote at a general meeting may attend\nand participate in the meeting by teleconferencing.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 18\n(2) The secretary of the body corporate must arrange teleconferencing\nfacilities if requested to do so by the person.\n(3) A person who attends a meeting by teleconferencing is taken to be\npresent at the meeting.\n36 Procedures for general meeting\nExcept as otherwise provided in the Act and this Division, the body\ncorporate may decide the procedures for the general meeting.\n37 Chairperson of general meeting\n(1) The chairperson of the committee is the chairperson of the general\nmeeting.\n(2) If the chairperson is unable to act as chairperson of the meeting,\nthe persons present who have the right to vote at the meeting must\nelect to be chairperson for the meeting a person present at the\nmeeting who:\n(a) has the right to vote at the meeting; or\n(b) is the body corporate manager.\nDivision 4 Voting at general meeting\nSubdivision 1 Voting generally\n38 Voting by chairperson\nIf the chairperson of a general meeting would otherwise have the\nright to vote at the meeting:\n(a) the chairperson has the right to vote at the meeting; and\n(b) if the voting on a motion that must be passed by an ordinary\nresolution is equal, the chairperson may cast the deciding vote\nin addition to a vote cast under paragraph (a).\n39 Method of voting\nVoting at a general meeting must be by:\n(a) written vote:\n(i) if a poll is taken; or\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 19\n(ii) if a person casts an absentee vote on a motion that must\nbe passed by a resolution without dissent or a\nunanimous resolution; or\n(iii) on a motion to terminate the scheme; or\n(b) otherwise – show of hands.\n40 Result of voting\nFollowing a vote on a motion at a general meeting, the chairperson\nof the meeting must either:\n(a) declare the result; or\n(b) if the chairperson is unable to declare the result based on a\nvote by show of hands – call a poll.\n41 Polls\n(1) A poll must be taken for a motion (including a motion that must be\npassed by a special resolution, a resolution without dissent or a\nunanimous resolution) if:\n(a) a person present at the meeting with a right to vote on the\nmotion calls a poll; or\n(b) the chairperson calls a poll under clause 40(b).\n(2) If 2 or more persons have the right to exercise 1 vote jointly, one of\nthe persons may call a poll under subclause (1)(a).\n(3) A call for a poll under subclause (1)(a) may be withdrawn.\n(4) The result of the poll determines whether or not the motion for\nwhich the poll was taken has been carried.\n(5) The chairperson must declare the result as soon as it is\ndetermined.\nSubdivision 2 Alternative methods of voting\n42 Appointment of proxy\n(1) A person with a right to vote at a general meeting may appoint a\nproxy to vote on the person's behalf at the meeting.\n(2) If 2 or more persons have the right to exercise 1 vote jointly, the\npersons may jointly appoint a proxy to exercise the right.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 20\n(3) The appointment of a proxy must:\n(a) be in writing in the form approved by the committee; and\n(b) include the period of appointment; and\n(c) if 2 or more persons are jointly appointing a proxy under\nsubclause (2) – be signed by each of the persons.\n43 Absentee vote on resolution without dissent or unanimous\nresolution\n(1) If a resolution without dissent or a unanimous resolution is\nproposed to be moved at a general meeting:\n(a) the person giving notice of the meeting must give each person\nwho has the right to vote on the motion an absentee voting\npaper with the notice; and\n(b) a person who has the right to vote on the motion may cast an\nabsentee vote by recording the vote on the voting paper and\ngiving it to the body corporate before the meeting.\n(2) The person must give the voting paper to the body corporate by:\n(a) placing it in the letterbox mentioned in section 83(1) of the Act\nat least 24 hours before the meeting; or\n(b) giving it to the secretary of the body corporate before the\nmeeting.\n(3) A person who casts an absentee vote is, except for deciding\nwhether a quorum is present at the meeting, taken to be present at\nthe meeting and to have exercised the person's right to vote on the\nmotion.\nSubdivision 3 Right to vote\n44 Voting by mortgagees\n(1) If a unit owner's interest in a unit is subject to a mortgage, the\nmortgagee may give the body corporate written notice that:\n(a) the unit is subject to the mortgage; and\n(b) the mortgagee proposes to exercise voting rights under this\nclause.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 21\n(2) If the mortgagee gives the notice:\n(a) the member does not have a right to vote in relation to the\nunit; and\n(b) the mortgagee has the right to vote in relation to the unit.\n(3) If the mortgage is discharged, the mortgagee's right to vote ends.\n(4) If 2 or more persons are mortgagees of a unit as joint tenants or\ntenants in common:\n(a) the right to give notice under subclause (1) may be exercised\nonly by the mortgagees jointly; and\n(b) the right to vote may be exercised only by the mortgagees\njointly.\n(5) If a unit is held by 2 or more members as tenants in common and\none of the members has mortgaged the member's interest in the\nunit:\n(a) the mortgagee may give notice to the body corporate under\nsubclause (1); and\n(b) this clause applies to the mortgagee in relation to the right to\nvote that the mortgagor may otherwise exercise.\n(6) In this clause:\nmortgagee, if there are 2 or more mortgages, means the\nmortgagee under the mortgage entitled to priority over the other\nmortgage or mortgages.\n45 Tribunal may appoint person to vote\n(1) This clause applies if, for a motion that must be passed by a\nresolution without dissent or a unanimous resolution:\n(a) a person who has the right to vote on the motion in relation to\na unit:\n(i) is unavailable to vote on the motion; and\n(ii) has not appointed a proxy to vote on the person's behalf;\nor\n(b) the body corporate does not know who has the right to vote in\nrelation to a unit.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 22\n(2) The Tribunal may:\n(a) order that the person's right to vote may be dispensed with for\nthe motion or permanently; or\n(b) appoint another person to exercise the right to vote on the\nmotion.\n(3) The body corporate or a person who has the right to vote on the\nmotion may apply for an order under this clause.\n46 Voting by children\nIf a member of the body corporate is under 18 years of age:\n(a) the member cannot exercise the member's right to vote; but\n(b) that right may be exercised by the member's parent or\nguardian.\nPart 4 Exclusive use by-laws\n47 Costs relating to common property\nIf special rights about common property or a body corporate asset\nare allocated to a unit under an exclusive use by-law, the unit\nowner is not liable to pay maintenance and operating costs relating\nto the common property or asset unless the by-law specifically\nprovides that the owner is liable.\nPart 5 Financial and record management\nDivision 1 Annual contributions and other levies\n48 Amount of annual contributions\nThe body corporate may, from time to time, decide:\n(a) the amount of annual contributions payable by the unit owners\nto the body corporate; and\n(b) how the contributions must be paid.\nNote for clause 48\nUnder section 39(3) of the Act, the contribution entitlement of a unit divided by\nthe total contribution entitlements of all the units is the ratio representing the unit\nowner's share of annual contributions.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 23\n49 Purpose of annual contributions\nAnnual contributions paid by unit owners to the body corporate\nmust be used to fund the following:\n(a) the administration of the body corporate;\n(b) maintenance and repairs of the common property of the\nscheme;\n(c) the insurance policies the body corporate is required to\nmaintain under the Act;\n(d) other costs reasonably incurred by the body corporate in\nperforming its functions under the Act.\n50 Levy for single item of expenditure\n(1) The body corporate may, by a special resolution, decide to charge\nunit owners a levy to fund a single item of expenditure.\n(2) The following matters must also be decided by a special resolution:\n(a) the amount of the levy;\n(b) how the levy must be paid.\n(3) The ratio representing a unit owner's share of the levy is the same\nas the ratio (mentioned in section 39(3) of the Act) representing the\nunit owner's share of annual contributions.\n51 Levy for recurring expenditure\n(1) The body corporate may, by a unanimous resolution, decide to\ncharge unit owners a levy to fund a recurring class of expenditure.\n(2) The following matters must also be decided by a unanimous\nresolution:\n(a) the amount of the levy, or the method for calculating the\namount;\n(b) how the levy must be paid;\n(c) each unit owner's share of the levy, or the method for\ncalculating each owner's share.\n52 Interest on late payment\n(1) The body corporate may charge interest for the late payment of\ncontributions and special levies.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 24\n(2) The interest rate is:\n(a) an amount, decided by the body corporate, not more than the\nrate fixed from time to time for section 85 of the Supreme\nCourt Act 1979; or\n(b) if the body corporate does not decide an amount – the rate\nfixed from time to time for section 85 of the Supreme Court\nAct 1979.\n(3) The body corporate may decide to waive the interest in a particular\ncase.\n53 Recovery of amount owing\nAn amount owing to the body corporate by a unit owner under this\nDivision is a debt due and payable to the body corporate.\nDivision 2 Body corporate assets\n54 Mortgage or charge over body corporate asset\nThe body corporate may, by a resolution without dissent, mortgage\nor create a charge over a body corporate asset to raise funds to be\nused for the performance of the functions of the body corporate.\nDivision 3 Records and notices\n55 Financial records\n(1) The committee must:\n(a) ensure proper accounting records are kept for the body\ncorporate; and\n(b) prepare a statement (the annual financial statement) at the\nend of each financial year showing:\n(i) all income and expenditure of the body corporate for the\nyear; and\n(ii) all assets and liabilities of the body corporate on the last\nday of the year, including details of any mortgage or\ncharge over an asset.\n(2) The committee must present the annual financial statement at the\nnext annual general meeting held after the end of the financial year\nfor which the statement was prepared.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 25\n(3) The committee must ensure each accounting record and annual\nfinancial statement is kept for at least 7 years after the date it is\ncreated.\nNote for clause 55\nUnder regulation 7(2), each committee member commits an offence if the\ncommittee does not comply with subclause (1) or (3).\n56 Audit of accounting records\n(1) The body corporate may decide at an annual general meeting that\nthe accounting records of the body corporate for the last financial\nyear must be audited by:\n(a) a person who is a registered company auditor, under the\nCorporations Act 2001, or a firm whose members include a\nregistered company auditor; or\n(b) an authorised audit company; or\n(c) a person who is a member of CPA Australia, the Institute of\nPublic Accountants or the Institute of Chartered Accountants\nin Australia; or\n(d) another person approved by the Minister as an auditor for this\nclause.\n(2) A person must not audit the accounting records if the person has a\ndirect or indirect personal or financial interest in the body corporate.\n(3) The auditor must give a written report of the audit to the body\ncorporate.\n57 Other records of body corporate\n(1) The committee must ensure the following records are kept for the\nbody corporate:\n(a) the full name and address of each member of the body\ncorporate;\n(b) minutes of general meetings;\n(c) copies of resolutions made at general meetings;\n(d) records of the results of voting (including by poll) on motions;\n(e) copies of notices given by the body corporate;\n(f) copies of appointments of proxies;\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 26\n(g) used voting papers;\n(h) correspondence sent or received by the body corporate;\n(i) insurance policies maintained by the body corporate;\n(j) contracts and agreements entered into by the body corporate;\n(k) leases and licences entered into by the body corporate.\n(2) The committee must ensure each record is kept for at least 7 years\nafter the date it is created.\nNote for clause 57\nUnder regulation 7(2), each committee member commits an offence if the\ncommittee does not comply with this clause.\n58 Access to records\n(1) An application to access a record kept by the committee or\nspecified information contained in the record must:\n(a) be in the form approved by the committee; and\n(b) contain adequate details for the committee to identify the\nrecord or information; and\n(c) be accompanied by:\n(i) a fee of $30; or\n(ii) an application, in the form approved by the committee, to\nwaive the fee.\n(2) The body corporate may waive the fee on receipt of an application\nto do so.\n59 Notices required to be given\nIf an event specified in the Table, column 1, happens in relation to\nthe scheme, the person specified opposite in column 2 must give\nwritten notice of the event to the body corporate within 28 working\ndays after the event.\nTable\nColumn 1\nEvent\nColumn 2\nPerson to give notice\nTransfer of unit ownership Unit owner immediately after transfer\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 27\nColumn 1\nEvent\nColumn 2\nPerson to give notice\nChange of unit owner's address or\ncontact details\nUnit owner\nRegistration of lease over unit for\nterm of over 6 months\nUnit owner\nMortgagee enters into possession of\nunit that is subject to registered\nmortgage\nMortgagee\nPart 6 Administrative matters\nDivision 1 Seal of body corporate\n60 The seal\n(1) The seal of the body corporate must include the name of the body\ncorporate.\n(2) The body corporate may decide how the seal must be kept.\n61 When the seal may be used\nThe seal must not be used except for a purpose authorised by the\nbody corporate.\n62 Witnessing the use of the seal\n(1) The use of the seal on a document must be witnessed by at least\n2 members of the body corporate.\n(2) However, if there is only 1 member of the body corporate, the use\nof the seal must be witnessed by the member.\n(3) If a member is a company, a director of the company may witness\nthe use of the seal on behalf of the company.\n(4) Each person who witnesses the use of the seal must record next to\nthe seal that he or she has witnessed the use of the seal by:\n(a) signing his or her name; and\n(b) printing his or her name and address; and\n(c) stating that he or she is a member of the body corporate or a\ndirector of a company that is a member of the body corporate.\n\nSchedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 28\nDivision 2 Administration of scheme\n63 Body corporate may engage or employ persons\nThe body corporate may engage or employ a person to assist it in\nexercising its powers and performing its functions.\n64 Termination of engagement of body corporate manager\nIf the document engaging a body corporate manager does not\nspecify how the engagement may be terminated, the body\ncorporate may terminate the engagement by giving 3 months\nwritten notice to the body corporate manager.\n65 Functions of body corporate manager\nThe body corporate manager has the functions and powers of the\nbody corporate or committee delegated to the manager.\nNote for clause 65\nChapter 3, Part 3.4 of the Act provides for the engagement of a body corporate\nmanager.\nDivision 3 Delegation of functions and powers\n66 Delegation of body corporate functions and powers\n(1) A delegation of the functions and powers of the body corporate\nmust be:\n(a) authorised by an ordinary resolution of the body corporate;\nand\n(b) evidenced in a document affixed with the seal of the body\ncorporate.\n(2) A copy of the document evidencing the delegation must be given to\nthe delegate.\n(3) The delegation may be revoked in the same way it is made.\n67 Delegation of committee functions and powers\nThe committee may, in writing, delegate any of its functions or\npowers under this management module to:\n(a) a committee member; or\n(b) a member of the body corporate; or\n\n","sortOrder":0},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Management module 1 – standard scheme","content":"Schedule 1 Management module 1 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 29\n(c) the body corporate manager.\nDivision 4 Approved forms\n68 Power to approve forms\n(1) The committee may approve forms for use under this management\nmodule (other than Part 7).\n(2) The schemes supervisor may approve forms for use under Part 7 of\nthis management module.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 30\nSchedule 2 Management module 2 – standard scheme\nregulation 5(1)(b)\nPart 1 Preliminary matters\n1 Definitions\nIn this management module:\nacting committee member, see clause 10(1).\nannual financial statement, see clause 55(1)(b).\nannual general meeting, see clause 29.\nauthorised audit company, see section 9 of the Corporations\nAct 2001.\nchairperson:\n(a) of a committee – means the person elected under\nclause 7(1)(a); or\n(b) of a body corporate – means the chairperson under\nclause 7(2).\ncommittee meeting means a meeting of the committee of a body\ncorporate.\ncompany means:\n(a) a company as defined in section 9 of the Corporations Act\n2001; or\n(b) an incorporated association as defined in section 4 of the\nAssociations Act 2003; or\n(c) any other body corporate.\nfirst annual general meeting means the meeting mentioned in\nclause 26.\ngeneral meeting means a meeting of a body corporate.\ninterim resolution, see clause 3.\nnotice of opposition, see clause 21(1).\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 31\nrestricted matter, for a body corporate, means a matter a decision\non which, under the Act or clause 25 of this management module,\nmay be made only by the body corporate.\nsecretary:\n(a) of a committee – means the person elected under\nclause 7(1)(b); or\n(b) of a body corporate – means the secretary under clause 7(2).\nspecial levy means a levy charged under clause 50 or 51.\nteleconferencing includes the use of telephone, computer or video\nequipment.\n2 Decisions of body corporate\n(1) A decision of a body corporate must be made:\n(a) at a general meeting of the body corporate; or\n(b) in accordance with the process set out in clause 34.\n(2) Unless otherwise specified in this management module, a motion is\npassed at a general meeting if it is passed by an ordinary\nresolution.\n3 Interim resolutions\n(1) An interim resolution is a resolution of a committee or body\ncorporate made at a meeting without a quorum.\n(2) An interim resolution does not have effect until it becomes a\nresolution in accordance with the process set out:\n(a) for an interim resolution of a committee – in clause 15; or\n(b) for an interim resolution of a body corporate – in clause 34.\nPart 2 Committee of body corporate\nDivision 1 Constitution of committee\n4 Constitution of committee before first annual general meeting\n(1) Until the first annual general meeting of a body corporate, the\ncommittee of the body corporate consists of the members of the\nbody corporate, who are taken to be elected committee members.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 32\n(2) If a member of the body corporate is a company, the member must\nappoint an individual to be a committee member in place of the\nmember.\n(3) The committee must not exercise a power or perform a function of\nthe body corporate unless authorised to do so by a resolution\nwithout dissent of the body corporate recorded in accordance with\nclause 57.\n(4) Each committee member vacates office immediately before the\nelection of committee members at the first annual general meeting.\n5 Number of committee members after first annual general\nmeeting\n(1) The body corporate must, at its first annual general meeting:\n(a) decide the number of members who will constitute the\ncommittee; and\n(b) elect the committee members.\n(2) The number of committee members must be:\n(a) at least 2; and\n(b) unless decided by a special resolution – not more than 7.\n(3) The body corporate may, by a special resolution at a later annual\ngeneral meeting, vary the number.\n(4) The committee consists of all the members of the body corporate if:\n(a) there are not more than 3 members of the body corporate; or\n(b) the number of members of the body corporate is equal to or\nless than the number decided to be the number of committee\nmembers.\n(5) If subclause (4) applies:\n(a) the committee members are taken to be elected committee\nmembers; and\n(b) if a member of the body corporate is a company – the member\nmust appoint an individual to be a committee member in place\nof the member.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 33\n6 Election of committee members\n(1) The body corporate must elect the committee members at each\nannual general meeting.\n(2) If a member of the body corporate is a company, the member may\nappoint an individual to stand for election on behalf of the member.\nNote for clause 6\nUnder section 74(3) of the Act, a committee member must be:\n(a) a unit owner that is an individual; or\n(b) an individual appointed by a unit owner that is a body corporate.\n7 Chairperson and secretary\n(1) At the first committee meeting after the annual general meeting, the\ncommittee must elect:\n(a) the chairperson of the committee; and\n(b) the secretary of the committee.\n(2) The chairperson and secretary of the committee are also the\nchairperson and secretary of the body corporate.\n(3) The chairperson and secretary hold office for the term and on the\nconditions decided by the body corporate.\n8 Term of office of committee member\n(1) The term of office of a committee member expires immediately\nbefore the election of the committee members at the next annual\ngeneral meeting after the member's election.\n(2) A committee member leaves office before the member's term\nexpires:\n(a) for a committee member who is a unit owner that is an\nindividual – if the committee member stops being a unit owner;\nor\n(b) for a committee member who is an appointee of a unit owner\nthat is a company – if the unit owner:\n(i) stops being a unit owner; or\n(ii) gives the body corporate written notice that the unit\nowner has terminated the appointment of the committee\nmember; or\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 34\n(c) if the committee member resigns from office by written notice\nto the body corporate; or\n(d) if the body corporate removes the committee member from\noffice under clause 9.\n(3) If a committee member leaves office before the committee\nmember's term expires, the committee must appoint another\nmember of the body corporate, who is a person mentioned in\nsection 74(3) of the Act, to be a committee member for the\nunexpired part of the term.\n(4) However, if the committee consists of all the members of the body\ncorporate because of clause 5(4):\n(a) subclauses (2)(c) and (3) do not apply; and\n(b) if the body corporate removes a committee member from\noffice under clause 9, the committee continues to exist without\nthe member.\n9 Removal of committee member for breach of code\n(1) If the body corporate believes a committee member has breached\nthe code of conduct, the body corporate may decide to give the\ncommittee member a written notice stating the following:\n(a) the body corporate believes the committee member has\nbreached a stated provision of the code of conduct and the\nbasis for that belief;\n(b) the committee member may give the body corporate, within\n21 working days after the committee member receives the\nnotice, a written response to the notice;\n(c) the body corporate will consider a motion to remove the\ncommittee member from office for the breach at the next\ngeneral meeting of the body corporate called after the period\nmentioned in paragraph (b) ends.\n(2) The body corporate must:\n(a) include on the agenda of the next general meeting of the body\ncorporate, called after the period mentioned in\nsubclause (1)(b) ends, a motion to remove the committee\nmember from office for breaching the code of conduct; and\n(b) attach to the agenda a copy of the notice given to the\ncommittee member.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 35\n(3) The body corporate may decide to remove the committee member\nfrom office at the next general meeting mentioned in\nsubclause (2)(a).\n(4) In this clause:\ncode of conduct means the code of conduct that applies to a\ncommittee member under section 77 of the Act.\n10 Acting committee member\n(1) A committee member may, with the consent of the committee,\nappoint a person (an acting committee member) to act in the\ncommittee member's place at a committee meeting.\n(2) The acting committee member must be a person mentioned in\nsection 74(3) of the Act.\n(3) If the acting committee member is also a committee member, the\nacting committee member may vote at the meeting separately:\n(a) as a committee member; and\n(b) on behalf of the member who has appointed the acting\ncommittee member.\nDivision 2 Committee meetings\n11 How often committee meets\nThe committee may decide how often it meets.\n12 Calling committee meeting\nA committee meeting may be called by:\n(a) the chairperson of the committee; or\n(b) the secretary of the committee; or\n(c) an ordinary resolution of the committee.\n13 Notice of committee meeting\n(1) The secretary of the committee must give written notice of the\ncommittee meeting to each committee member at least 5 working\ndays before the date of the meeting.\n(2) The notice must:\n(a) specify the date, time and place of the meeting; and\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 36\n(b) include the agenda for the meeting.\n14 Quorum at committee meeting\n(1) A quorum for the committee meeting exists if at least 50% of the\ncommittee members are present at the meeting.\n(2) For deciding whether or not a quorum is present, an acting\ncommittee member is taken to be a committee member.\n15 Interim resolutions if no quorum present\n(1) If there is no quorum present at the meeting:\n(a) the meeting may take place but all resolutions made at the\nmeeting are interim resolutions; and\n(b) the secretary of the committee must give the following to each\ncommittee member within 14 working days after the meeting:\n(i) details of each interim resolution made at the meeting;\n(ii) the minutes of the meeting;\n(iii) a notice setting out the effect of subclauses (2) to (4);\n(iv) a voting paper for each interim resolution.\n(2) If an interim resolution is made at the meeting, a committee\nmember may, within 14 working days after receiving the documents\nmentioned in subclause (1)(b), vote on the resolution by recording a\nvote on the voting paper and sending it to the secretary of the\ncommittee.\n(3) The interim resolution becomes a resolution if:\n(a) at least 50% of the committee members vote on it under\nsubclause (2); and\n(b) the votes counted in favour of confirming the interim resolution\nis more than the votes counted against confirming it.\n(4) If less than 50% of the committee members vote on the interim\nresolution under subclause (2), it must be voted on at the next\ncommittee meeting at which a quorum is present.\n(5) An interim resolution may only be made under this clause on a\nmotion that may be passed by an ordinary resolution.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 37\n16 Attendance by teleconferencing\n(1) A committee member may attend and participate in the committee\nmeeting by teleconferencing.\n(2) The secretary of the committee must arrange teleconferencing\nfacilities if requested to do so by the committee member.\n(3) It the committee member attends the meeting by teleconferencing,\nthe committee member is taken to be present at the meeting.\n17 Procedures for committee meeting\nExcept as otherwise provided in the Act and this Division, the\ncommittee may decide the procedures for the committee meeting.\n18 Chairperson of committee meeting\n(1) The chairperson of the committee is the chairperson of the\ncommittee meeting.\n(2) If the chairperson is unable to act as chairperson of the meeting,\nthe committee members must elect a committee member present at\nthe meeting to be chairperson.\n19 Voting at committee meeting\n(1) The chairperson of the committee meeting has the right to vote as a\ncommittee member.\n(2) If the voting on a motion that may be passed by an ordinary\nresolution is equal, the chairperson of the meeting may cast the\ndeciding vote in addition to a vote cast under subclause (1).\n20 Minutes of committee meeting\n(1) The secretary of the committee must keep minutes of each\ncommittee meeting.\n(2) The following matters must be recorded in the minutes:\n(a) the date, time and place of the meeting;\n(b) the names of the committee members present at the meeting;\n(c) the names of the committee members voting at the meeting;\n(d) all resolutions of the committee made at the meeting;\n(e) the voting on all resolutions of the committee at the meeting.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 38\n(3) The secretary must give a copy of the minutes to each member of\nthe body corporate and each other person with a right to vote at a\ngeneral meeting of the body corporate within 21 working days after\nthe meeting.\n21 Notice of opposition to decision of committee meeting\n(1) One or more persons, who together have the right to vote in relation\nto at least 50% of the total interest entitlements of the scheme, may\ngive a notice opposing a decision of the committee (a notice of\nopposition) to the secretary or the chairperson of the committee.\n(2) The notice must be given within 7 working days after the secretary\ngives a copy of the minutes containing the decision under\nclause 20.\n(3) The body corporate must consider the notice of opposition at the\nnext general meeting and either approve or disapprove the decision\nof the committee.\nDivision 3 Powers of committee\n22 Giving effect to decisions of committee\nThe committee may give effect to a decision of the committee only\nif:\n(a) the time for giving a notice of opposition to the decision under\nclause 21 ends without a notice of opposition being given; or\n(b) the decision is necessary to deal with an emergency; or\n(c) the decision is approved by the body corporate.\n23 Committee decisions are decisions of body corporate\n(1) A decision of the committee on a matter is taken to be a decision of\nthe body corporate unless:\n(a) the matter is a restricted matter; or\n(b) the committee cannot give effect to the decision under\nclause 22.\n(2) If subclause (1)(a) or (b) applies, the committee's decision has no\neffect.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 39\n24 Restriction on spending by committee\n(1) The body corporate may decide a maximum amount of expenditure\nthat the committee may undertake for repairs or improvements to\nthe common property of the scheme.\n(2) The committee must not undertake expenditure above the amount\nunless authorised by the body corporate.\nPart 3 Meetings of body corporate\nDivision 1 Matters to be decided by body corporate\n25 Body corporate may decide certain matters\nExcept as otherwise provided by the Act, the body corporate may\ndecide that a matter concerning the scheme may be decided only\nby the body corporate.\nDivision 2 Annual general meetings\nSubdivision 1 First annual general meeting\n26 Calling first annual general meeting\nWithin 3 months after the registration of a scheme statement, the\noriginal owner for the scheme must call the first annual general\nmeeting of the body corporate for the scheme.\n27 Documents to be given by original owner\n(1) At the first annual general meeting of the body corporate, the\noriginal owner for the scheme must give the committee the\nfollowing:\n(a) the proposed budget for the first financial year for the body\ncorporate;\n(b) a list of all body corporate assets and liabilities;\n(c) the name and contact address of each unit owner;\n(d) if a body corporate manager has been engaged – the name\nand business address of the body corporate manager;\n(e) a copy of the scheme statement;\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 40\n(f) the accounting records kept by the original owner for the body\ncorporate;\n(g) documents evidencing each contract, lease and licence\nbinding or benefiting the body corporate;\n(h) each certificate of insurance in force for the scheme;\n(i) documents evidencing each warranty or guarantee given on\nany matter for which the body corporate is responsible;\n(j) the seal of the body corporate;\n(k) the certificate of title for the common property of the scheme;\n(l) a copy of this management module.\n(2) However, the original owner is not required to give the certificate of\ntitle for the common property if it is not in the possession or under\nthe control of the original owner.\nNote for clause 27\nUnder regulation 7(1), it is an offence for the original owner to fail to comply with\nthis clause.\n28 Matters to be decided at first annual general meeting\nThe body corporate must, at the first annual general meeting,\ndecide the following:\n(a) whether any insurance policies in force for the scheme should\nbe retained, varied or extended;\n(b) the annual contributions payable by the unit owners to the\nbody corporate;\n(c) whether the proposed budget should be amended;\n(d) under clause 25, which matters may be decided only by the\nbody corporate;\n(e) whether any matters mentioned in paragraph (d) must be\ndecided by a special resolution, a resolution without dissent or\na unanimous resolution.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 41\nSubdivision 2 Further annual general meetings\n29 Annual general meetings\nAfter the first annual general meeting, the body corporate must hold\na general meeting (the annual general meeting):\n(a) at least once every calendar year; and\n(b) within 15 months after the last annual general meeting.\n30 Agenda for annual general meeting\nThe following matters must be on the agenda for an annual general\nmeeting:\n(a) election of committee members;\n(b) consideration of the engagement of a body corporate\nmanager;\n(c) consideration of the annual financial statement;\n(d) approval of a budget for the next financial year;\n(e) review of existing delegations and consideration of proposed\ndelegations.\nDivision 3 Calling general meetings\n31 Calling general meeting other than the first annual general\nmeeting\nA general meeting of the body corporate, other than the first annual\ngeneral meeting, may be called by:\n(a) the chairperson of the body corporate; or\n(b) the secretary of the body corporate; or\n(c) the body corporate manager; or\n(d) a person with a right to vote at the meeting nominated by\npersons who together have the right to vote in relation to at\nleast 25% of the total interest entitlements of the scheme.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 42\n32 Notice of general meeting\n(1) The person calling the general meeting must give written notice of\nthe meeting to each person who has the right to vote at the meeting\nat least:\n(a) 14 working days before the date of the meeting; or\n(b) 21 working days before the date of the meeting if:\n(i) a resolution without dissent or a unanimous resolution is\nproposed to be moved at the meeting; or\n(ii) a resolution to terminate the scheme is proposed to be\nmoved at the meeting.\n(2) The notice must:\n(a) specify the date, time and place of the meeting; and\n(b) include the agenda for the meeting; and\n(c) if the meeting is the annual general meeting – include the\nannual financial statement for the previous financial year and\nthe proposed budget for the next financial year for the body\ncorporate; and\n(d) include the text of any special resolution, resolution without\ndissent or unanimous resolution to be moved at the meeting;\nand\n(e) if a resolution to authorise expenditure for repairs or\nimprovements above the amount mentioned in clause 24(1)\nwill be moved – include 2 quotations for the cost of the repairs\nor improvements.\n(3) The proceedings at the meeting are not invalidated only because\nnotice of the meeting is not given in accordance with this clause.\n(4) However, the meeting must be adjourned to a later date decided by\nthe persons present who have the right to vote at the meeting if:\n(a) notice of the meeting is given to a person who has the right to\nvote at the meeting after the last day for giving notice under\nsubclause (1); and\n(b) the person requests an adjournment:\n(i) before the meeting, in writing to the secretary of the\nbody corporate; or\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 43\n(ii) at the meeting.\n33 Quorum at general meeting\nA quorum for the general meeting exists if persons who together\nhave the right to vote in relation to at least 50% of the total interest\nentitlements of the scheme are present at the meeting.\n34 Interim resolutions if no quorum present\n(1) If there is no quorum present at the general meeting:\n(a) the meeting may take place but all resolutions made at the\nmeeting are interim resolutions; and\n(b) the secretary of the body corporate must give the following to\neach person with a right to vote at the meeting within\n14 working days after the meeting:\n(i) details of each interim resolution made at the meeting;\n(ii) the minutes of the meeting;\n(iii) a notice setting out the effect of subclauses (2) and (3).\n(2) If an interim resolution is made at the meeting, a person may, in\naccordance with clauses 31 and 32, call a further general meeting\nwithin 29 working days after the date of the interim resolution.\n(3) An interim resolution becomes a resolution of the body corporate:\n(a) if notice of a further general meeting is given and the meeting\nis held within 28 working days after the notice is given – if the\nresolution is confirmed at the meeting; or\n(b) if notice of a further general meeting is given and the meeting\nis not held within 28 working days after the notice is given – at\nthe end of that 28 working day period; or\n(c) otherwise – 29 working days after the date of the interim\nresolution.\n(4) An interim resolution may only be made under this clause on a\nmotion that may be passed by an ordinary resolution.\n35 Attendance by teleconferencing\n(1) A person who has the right to vote at a general meeting may attend\nand participate in the meeting by teleconferencing.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 44\n(2) The secretary of the body corporate must arrange teleconferencing\nfacilities if requested to do so by the person.\n(3) A person who attends a meeting by teleconferencing is taken to be\npresent at the meeting.\n36 Procedures for general meeting\nExcept as otherwise provided in the Act and this Division, the body\ncorporate may decide the procedures for the general meeting.\n37 Chairperson of general meeting\n(1) The chairperson of the committee is the chairperson of the general\nmeeting.\n(2) If the chairperson is unable to act as chairperson of the meeting,\nthe persons present who have the right to vote at the meeting must\nelect to be chairperson for the meeting a person present at the\nmeeting who:\n(a) has the right to vote at the meeting; or\n(b) is the body corporate manager.\nDivision 4 Voting at general meeting\nSubdivision 1 Voting generally\n38 Voting by chairperson\nIf the chairperson of a general meeting would otherwise have the\nright to vote at the meeting:\n(a) the chairperson has the right to vote at the meeting; and\n(b) if the voting on a motion that must be passed by an ordinary\nresolution is equal, the chairperson may cast the deciding vote\nin addition to a vote cast under paragraph (a).\n39 Method of voting\nVoting at a general meeting must be by:\n(a) written vote:\n(i) if a poll is taken; or\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 45\n(ii) if a person casts an absentee vote on a motion that must\nbe passed by a resolution without dissent or a\nunanimous resolution; or\n(iii) on a motion to terminate the scheme; or\n(b) otherwise – show of hands.\n40 Result of voting\nFollowing a vote on a motion at a general meeting, the chairperson\nof the meeting must either:\n(a) declare the result; or\n(b) if the chairperson is unable to declare the result based on a\nvote by show of hands – call a poll.\n41 Polls\n(1) A poll must be taken for a motion (including a motion that must be\npassed by a special resolution, a resolution without dissent or a\nunanimous resolution) if:\n(a) a person present at the meeting with a right to vote on the\nmotion calls a poll; or\n(b) the chairperson calls a poll under clause 40(b).\n(2) If 2 or more persons have the right to exercise 1 vote jointly, one of\nthe persons may call a poll under subclause (1)(a).\n(3) A call for a poll under subclause (1)(a) may be withdrawn.\n(4) The result of the poll determines whether or not the motion for\nwhich the poll was taken has been carried.\n(5) The chairperson must declare the result as soon as it is\ndetermined.\nSubdivision 2 Alternative methods of voting\n42 Appointment of proxy\n(1) A person with a right to vote at a general meeting may appoint a\nproxy to vote on the person's behalf at the meeting.\n(2) If 2 or more persons have the right to exercise 1 vote jointly, the\npersons may jointly appoint a proxy to exercise the right.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 46\n(3) The appointment of a proxy must:\n(a) be in writing in the form approved by the committee; and\n(b) include the period of appointment; and\n(c) if 2 or more persons are jointly appointing a proxy under\nsubclause (2) – be signed by each of the persons.\n43 Absentee vote on resolution without dissent or unanimous\nresolution\n(1) If a resolution without dissent or a unanimous resolution is\nproposed to be moved at a general meeting:\n(a) the person giving notice of the meeting must give each person\nwho has the right to vote on the motion an absentee voting\npaper with the notice; and\n(b) a person who has the right to vote on the motion may cast an\nabsentee vote by recording the vote on the voting paper and\ngiving it to the body corporate before the meeting.\n(2) The person must give the voting paper to the body corporate by:\n(a) placing it in the letterbox mentioned in section 83(1) of the Act\nat least 24 hours before the meeting; or\n(b) giving it to the secretary of the body corporate before the\nmeeting.\n(3) A person who casts an absentee vote is, except for deciding\nwhether a quorum is present at the meeting, taken to be present at\nthe meeting and to have exercised the person's right to vote on the\nmotion.\nSubdivision 3 Right to vote\n44 Voting by mortgagees\n(1) If a unit owner's interest in a unit is subject to a mortgage, the\nmortgagee may give the body corporate written notice that:\n(a) the unit is subject to the mortgage; and\n(b) the mortgagee proposes to exercise voting rights under this\nclause.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 47\n(2) If the mortgagee gives the notice:\n(a) the member does not have a right to vote in relation to the\nunit; and\n(b) the mortgagee has the right to vote in relation to the unit.\n(3) If the mortgage is discharged, the mortgagee's right to vote ends.\n(4) If 2 or more persons are mortgagees of a unit as joint tenants or\ntenants in common:\n(a) the right to give notice under subclause (1) may be exercised\nonly by the mortgagees jointly; and\n(b) the right to vote may be exercised only by the mortgagees\njointly.\n(5) If a unit is held by 2 or more members as tenants in common and\none of the members has mortgaged the member's interest in the\nunit:\n(a) the mortgagee may give notice to the body corporate under\nsubclause (1); and\n(b) this clause applies to the mortgagee in relation to the right to\nvote that the mortgagor may otherwise exercise.\n(6) In this clause:\nmortgagee, if there are 2 or more mortgages, means the\nmortgagee under the mortgage entitled to priority over the other\nmortgage or mortgages.\n45 Tribunal may appoint person to vote\n(1) This clause applies if, for a motion that must be passed by a\nresolution without dissent or a unanimous resolution:\n(a) a person who has the right to vote on the motion in relation to\na unit:\n(i) is unavailable to vote on the motion; and\n(ii) has not appointed a proxy to vote on the person's behalf;\nor\n(b) the body corporate does not know who has the right to vote in\nrelation to a unit.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 48\n(2) The Tribunal may:\n(a) order that the person's right to vote may be dispensed with for\nthe motion or permanently; or\n(b) appoint another person to exercise the right to vote on the\nmotion.\n(3) The body corporate or a person who has the right to vote on the\nmotion may apply for an order under this clause.\n46 Voting by children\nIf a member of the body corporate is under 18 years of age:\n(a) the member cannot exercise the member's right to vote; but\n(b) that right may be exercised by the member's parent or\nguardian.\nPart 4 Exclusive use by-laws\n47 Costs relating to common property\nIf special rights about common property or a body corporate asset\nare allocated to a unit under an exclusive use by-law, the unit\nowner is not liable to pay maintenance and operating costs relating\nto the common property or asset unless the by-law specifically\nprovides that the owner is liable.\nPart 5 Financial and record management\nDivision 1 Annual contributions and other levies\n48 Amount of annual contributions\nThe body corporate may, from time to time, decide:\n(a) the amount of annual contributions payable by the unit owners\nto the body corporate; and\n(b) how the contributions must be paid.\nNote for clause 48\nUnder section 39(3) of the Act, the contribution entitlement of a unit divided by\nthe total contribution entitlements of all the units is the ratio representing the unit\nowner's share of annual contributions.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 49\n49 Purpose of annual contributions\nAnnual contributions paid by unit owners to the body corporate\nmust be used to fund the following:\n(a) the administration of the body corporate;\n(b) maintenance and repairs of the common property of the\nscheme;\n(c) the insurance policies the body corporate is required to\nmaintain under the Act;\n(d) other costs reasonably incurred by the body corporate in\nperforming its functions under the Act.\n50 Levy for single item of expenditure\n(1) The body corporate may, by a special resolution, decide to charge\nunit owners a levy to fund a single item of expenditure.\n(2) The following matters must also be decided by a special resolution:\n(a) the amount of the levy;\n(b) how the levy must be paid.\n(3) The ratio representing a unit owner's share of the levy is the same\nas the ratio (mentioned in section 39(3) of the Act) representing the\nunit owner's share of annual contributions.\n51 Levy for recurring expenditure\n(1) The body corporate may, by a unanimous resolution, decide to\ncharge unit owners a levy to fund a recurring class of expenditure.\n(2) The following matters must also be decided by a unanimous\nresolution:\n(a) the amount of the levy, or the method for calculating the\namount;\n(b) how the levy must be paid;\n(c) each unit owner's share of the levy, or the method for\ncalculating each owner's share.\n52 Interest on late payment\n(1) The body corporate may charge interest for the late payment of\ncontributions and special levies.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 50\n(2) The interest rate is:\n(a) an amount, decided by the body corporate, not more than the\nrate fixed from time to time for section 85 of the Supreme\nCourt Act 1979; or\n(b) if the body corporate does not decide an amount – the rate\nfixed from time to time for section 85 of the Supreme Court\nAct 1979.\n(3) The body corporate may decide to waive the interest in a particular\ncase.\n53 Recovery of amount owing\nAn amount owing to the body corporate by a unit owner under this\nDivision is a debt due and payable to the body corporate.\nDivision 2 Body corporate assets\n54 Mortgage or charge over body corporate asset\nThe body corporate may, by a resolution without dissent, mortgage\nor create a charge over a body corporate asset to raise funds to be\nused for the performance of the functions of the body corporate.\nDivision 3 Records and notices\n55 Financial records\n(1) The committee must:\n(a) ensure proper accounting records are kept for the body\ncorporate; and\n(b) prepare a statement (the annual financial statement) at the\nend of each financial year showing:\n(i) all income and expenditure of the body corporate for the\nyear; and\n(ii) all assets and liabilities of the body corporate on the last\nday of the year, including details of any mortgage or\ncharge over an asset.\n(2) The committee must present the annual financial statement at the\nnext annual general meeting held after the end of the financial year\nfor which the statement was prepared.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 51\n(3) The committee must ensure each accounting record and annual\nfinancial statement is kept for at least 7 years after the date it is\ncreated.\nNote for clause 55\nUnder regulation 7(2), each committee member commits an offence if the\ncommittee does not comply with subclause (1) or (3).\n56 Audit of accounting records\n(1) The body corporate may decide at an annual general meeting that\nthe accounting records of the body corporate for the last financial\nyear must be audited by:\n(a) a person who is a registered company auditor, under the\nCorporations Act 2001, or a firm whose members include a\nregistered company auditor; or\n(b) an authorised audit company; or\n(c) a person who is a member of CPA Australia, the Institute of\nPublic Accountants or the Institute of Chartered Accountants\nin Australia; or\n(d) another person approved by the Minister as an auditor for this\nclause.\n(2) A person must not audit the accounting records if the person has a\ndirect or indirect personal or financial interest in the body corporate.\n(3) The auditor must give a written report of the audit to the body\ncorporate.\n","sortOrder":1},{"sectionNumber":"57","sectionType":"section","heading":"Other records of body corporate","content":"57 Other records of body corporate\n(1) The committee must ensure the following records are kept for the\nbody corporate:\n(a) the full name and address of each member of the body\ncorporate;\n(b) minutes of general meetings;\n(c) copies of resolutions made at general meetings;\n(d) records of the results of voting (including by poll) on motions;\n(e) copies of notices given by the body corporate;\n(f) copies of appointments of proxies;\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 52\n(g) used voting papers;\n(h) correspondence sent or received by the body corporate;\n(i) insurance policies maintained by the body corporate;\n(j) contracts and agreements entered into by the body corporate;\n(k) leases and licences entered into by the body corporate.\n(2) The committee must ensure each record is kept for at least 7 years\nafter the date it is created.\nNote for clause 57\nUnder regulation 7(2), each committee member commits an offence if the\ncommittee does not comply with this clause.\n","sortOrder":2},{"sectionNumber":"58","sectionType":"section","heading":"Access to records","content":"58 Access to records\n(1) An application to access a record kept by the committee or\nspecified information contained in the record must:\n(a) be in the form approved by the committee; and\n(b) contain adequate details for the committee to identify the\nrecord or information; and\n(c) be accompanied by:\n(i) a fee of $30; or\n(ii) an application, in the form approved by the committee, to\nwaive the fee.\n(2) The body corporate may waive the fee on receipt of an application\nto do so.\n","sortOrder":3},{"sectionNumber":"59","sectionType":"section","heading":"Notices required to be given","content":"59 Notices required to be given\nIf an event specified in the Table, column 1, happens in relation to\nthe scheme, the person specified opposite in column 2 must give\nwritten notice of the event to the body corporate within 28 working\ndays after the event.\nTable\nColumn 1\nEvent\nColumn 2\nPerson to give notice\nTransfer of unit ownership Unit owner immediately after transfer\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 53\nColumn 1\nEvent\nColumn 2\nPerson to give notice\nChange of unit owner's address or\ncontact details\nUnit owner\nRegistration of lease over unit for\nterm of over 6 months\nUnit owner\nMortgagee enters into possession of\nunit that is subject to registered\nmortgage\nMortgagee\nPart 6 Administrative matters\nDivision 1 Seal of body corporate\n","sortOrder":4},{"sectionNumber":"60","sectionType":"section","heading":"The seal","content":"60 The seal\n(1) The seal of the body corporate must include the name of the body\ncorporate.\n(2) The body corporate may decide how the seal must be kept.\n","sortOrder":5},{"sectionNumber":"61","sectionType":"section","heading":"When the seal may be used","content":"61 When the seal may be used\nThe seal must not be used except for a purpose authorised by the\nbody corporate.\n","sortOrder":6},{"sectionNumber":"62","sectionType":"section","heading":"Witnessing the use of the seal","content":"62 Witnessing the use of the seal\n(1) The use of the seal on a document must be witnessed by at least\n2 members of the body corporate.\n(2) However, if there is only 1 member of the body corporate, the use\nof the seal must be witnessed by the member.\n(3) If a member is a company, a director of the company may witness\nthe use of the seal on behalf of the company.\n(4) Each person who witnesses the use of the seal must record next to\nthe seal that he or she has witnessed the use of the seal by:\n(a) signing his or her name; and\n(b) printing his or her name and address; and\n(c) stating that he or she is a member of the body corporate or a\ndirector of a company that is a member of the body corporate.\n\nSchedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 54\nDivision 2 Administration of scheme\n","sortOrder":7},{"sectionNumber":"63","sectionType":"section","heading":"Body corporate may engage or employ persons","content":"63 Body corporate may engage or employ persons\nThe body corporate may engage or employ a person to assist it in\nexercising its powers and performing its functions.\n","sortOrder":8},{"sectionNumber":"64","sectionType":"section","heading":"Termination of engagement of body corporate manager","content":"64 Termination of engagement of body corporate manager\nIf the document engaging a body corporate manager does not\nspecify how the engagement may be terminated, the body\ncorporate may terminate the engagement by giving 3 months\nwritten notice to the body corporate manager.\n","sortOrder":9},{"sectionNumber":"65","sectionType":"section","heading":"Functions of body corporate manager","content":"65 Functions of body corporate manager\nThe body corporate manager has the functions and powers of the\nbody corporate or committee delegated to the manager.\nNote for clause 65\nChapter 3, Part 3.4 of the Act provides for the engagement of a body corporate\nmanager.\nDivision 3 Delegation of functions and powers\n","sortOrder":10},{"sectionNumber":"66","sectionType":"section","heading":"Delegation of body corporate functions and powers","content":"66 Delegation of body corporate functions and powers\n(1) A delegation of the functions and powers of the body corporate\nmust be:\n(a) authorised by an ordinary resolution of the body corporate;\nand\n(b) evidenced in a document affixed with the seal of the body\ncorporate.\n(2) A copy of the document evidencing the delegation must be given to\nthe delegate.\n(3) The delegation may be revoked in the same way it is made.\n","sortOrder":11},{"sectionNumber":"67","sectionType":"section","heading":"Delegation of committee functions and powers","content":"67 Delegation of committee functions and powers\nThe committee may, in writing, delegate any of its functions or\npowers under this management module to:\n(a) a committee member; or\n(b) a member of the body corporate; or\n\n","sortOrder":12},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Management module 2 – standard scheme","content":"Schedule 2 Management module 2 – standard scheme\nUnit Title Schemes (Management Modules) Regulations 2009 55\n(c) the body corporate manager.\n","sortOrder":13},{"sectionNumber":"Div 4","sectionType":"division","heading":"Approved forms","content":"Division 4 Approved forms\n","sortOrder":14},{"sectionNumber":"68","sectionType":"section","heading":"Committee may approve forms","content":"68 Committee may approve forms\nThe committee may approve forms for use under this management\nmodule.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 56\nSchedule 3 Management module 3 – small scheme\nregulation 5(2)\n","sortOrder":15},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1 Preliminary matters\n","sortOrder":16},{"sectionNumber":"1","sectionType":"section","heading":"Definitions","content":"1 Definitions\nIn this management module:\nannual general meeting, see clause 22.\ncommittee meeting means a meeting of the committee of a body\ncorporate.\nchairperson:\n(a) of a committee – means the person elected under\nclause 7(1)(a); or\n(b) of a body corporate – means:\n(i) if the body corporate decides to form a committee – the\nchairperson under clause 7(2); or\n(ii) otherwise – the person elected under clause 29(1)(a).\ncompany means:\n(a) a company as defined in section 9 of the Corporations\nAct 2001; or\n(b) an incorporated association as defined in section 4 of the\nAssociations Act 2003; or\n(c) any other body corporate.\ngeneral meeting means a meeting of a body corporate.\ninterim resolution, see clause 3.\nrestricted matter, for a body corporate, means a matter a decision\non which, under the Act or clause 19 of this management module,\nmay be made only by the body corporate.\nsecretary:\n(a) of a committee – means the person elected under\nclause 7(1)(b); or\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 57\n(b) of a body corporate – means:\n(i) if the body corporate decides to form a committee – the\nsecretary under clause 7(2); or\n(ii) otherwise – the person elected under clause 29(1)(b).\nspecial levy means a levy charged under clause 41 or 42.\nteleconferencing includes the use of telephone, computer or video\nequipment.\n2 Decisions of body corporate\n(1) A decision of a body corporate must be made:\n(a) at a general meeting of the body corporate; or\n(b) in accordance with the process set out in clause 26.\n(2) Unless otherwise specified in this management module, a motion is\npassed at a general meeting if it is passed by an ordinary\nresolution.\n3 Interim resolutions\n(1) An interim resolution is a resolution of a committee or body\ncorporate made at a meeting without a quorum.\n(2) An interim resolution does not have effect until it becomes a\nresolution in accordance with the process set out:\n(a) for an interim resolution of a committee – in clause 14; or\n(b) for an interim resolution of a body corporate – in clause 26.\n","sortOrder":17},{"sectionNumber":"Part 2","sectionType":"part","heading":"Committee of body corporate","content":"Part 2 Committee of body corporate\nDivision 1 Preliminary matters\n4 Application of Part\nThis Part applies if the body corporate decides, under\nsection 74(1)(c) of the Act, to form a committee.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 58\nDivision 2 Constitution of committee\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"Number of committee members","content":"5 Number of committee members\n(1) The body corporate must:\n(a) decide the number of members who will constitute the\ncommittee; and\n(b) elect the committee members.\n(2) The number of committee members must be:\n(a) at least 2; and\n(b) unless decided by a special resolution – not more than 7.\n(3) The body corporate may, by a special resolution at a later annual\ngeneral meeting, vary the number.\n(4) The committee consists of all the members of the body corporate if:\n(a) there are not more than 3 members of the body corporate; or\n(b) the number of members of the body corporate is equal to or\nless than the number decided to be the number of committee\nmembers.\n(5) If subclause (4) applies:\n(a) the committee members are taken to be elected committee\nmembers; and\n(b) if a member of the body corporate is a company – the member\nmust appoint an individual to be a committee member in place\nof the member.\n","sortOrder":19},{"sectionNumber":"6","sectionType":"section","heading":"Election of committee members","content":"6 Election of committee members\n(1) The body corporate must elect the committee members at each\nannual general meeting.\n(2) If a member of the body corporate is a company, the member may\nappoint an individual to stand for election on behalf of the member.\nNote for clause 6\nUnder section 74(3) of the Act, a committee member must be:\n(a) a unit owner that is an individual; or\n(b) an individual appointed by a unit owner that is a body corporate.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 59\n","sortOrder":20},{"sectionNumber":"7","sectionType":"section","heading":"Chairperson and secretary","content":"7 Chairperson and secretary\n(1) At the first committee meeting after the annual general meeting, the\ncommittee must elect:\n(a) the chairperson of the committee; and\n(b) the secretary of the committee.\n(2) The chairperson and secretary of the committee are also the\nchairperson and secretary of the body corporate.\n(3) The chairperson and secretary hold office for the term and on the\nconditions decided by the body corporate.\n","sortOrder":21},{"sectionNumber":"8","sectionType":"section","heading":"Term of office of committee member","content":"8 Term of office of committee member\n(1) The term of office of a committee member expires immediately\nbefore the election of the committee members at the next annual\ngeneral meeting after the member's election.\n(2) A committee member leaves office before the member's term\nexpires:\n(a) for a committee member who is a unit owner that is an\nindividual – if the committee member stops being a unit owner;\nor\n(b) for a committee member who is an appointee of a unit owner\nthat is a company – if the unit owner:\n(i) stops being a unit owner; or\n(ii) gives the body corporate written notice that the unit\nowner has terminated the appointment of the committee\nmember; or\n(c) if the committee member resigns from office by written notice\nto the body corporate; or\n(d) if the body corporate removes the committee member from\noffice under clause 9.\n(3) If a committee member leaves office before the committee\nmember's term expires, the committee must appoint another\nmember of the body corporate, who is a person mentioned in\nsection 74(3) of the Act, to be a committee member for the\nunexpired part of the term.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 60\n(4) However, if the committee consists of all the members of the body\ncorporate because of clause 5(4):\n(a) subclauses (2)(c) and (3) do not apply; and\n(b) if the body corporate removes a committee member from\noffice under clause 9, the committee continues to exist without\nthe member.\n","sortOrder":22},{"sectionNumber":"9","sectionType":"section","heading":"Removal of committee member for breach of code","content":"9 Removal of committee member for breach of code\n(1) If the body corporate believes a committee member has breached\nthe code of conduct, the body corporate may decide to give the\ncommittee member a written notice stating the following:\n(a) the body corporate believes the committee member has\nbreached a stated provision of the code of conduct and the\nbasis for that belief;\n(b) the committee member may give the body corporate, within\n21 working days after the committee member receives the\nnotice, a written response to the notice;\n(c) the body corporate will consider a motion to remove the\ncommittee member from office for the breach at the next\ngeneral meeting of the body corporate called after the period\nmentioned in paragraph (b) ends.\n(2) The body corporate must:\n(a) include on the agenda of the next general meeting of the body\ncorporate, called after the period mentioned in\nsubclause (1)(b) ends, a motion to remove the committee\nmember from office for breaching the code of conduct; and\n(b) attach to the agenda a copy of the notice given to the\ncommittee member.\n(3) The body corporate may decide to remove the committee member\nfrom office at the next general meeting mentioned in\nsubclause (2)(a).\n(4) In this clause:\ncode of conduct means the code of conduct that applies to a\ncommittee member under section 77 of the Act.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 61\nDivision 3 Committee meetings\n","sortOrder":23},{"sectionNumber":"10","sectionType":"section","heading":"How often committee meets","content":"10 How often committee meets\nThe committee may decide how often it meets.\n","sortOrder":24},{"sectionNumber":"11","sectionType":"section","heading":"Calling committee meeting","content":"11 Calling committee meeting\nA committee meeting may be called by a committee member.\n","sortOrder":25},{"sectionNumber":"12","sectionType":"section","heading":"Notice of committee meeting","content":"12 Notice of committee meeting\n(1) The committee member who calls the committee meeting must give\nwritten notice of the meeting to each committee member at least\n3 working days before the date of the meeting.\n(2) The notice must specify the date, time and place of the meeting.\n13 Quorum at committee meeting\nA quorum for the committee meeting exists if at least 50% of the\ncommittee members are present at the meeting.\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Interim resolutions if no quorum","content":"14 Interim resolutions if no quorum\n(1) If there is no quorum present at the meeting, the meeting may take\nplace, but all resolutions made at the meeting are interim\nresolutions.\n(2) An interim resolution becomes a resolution of the committee if it is\nconfirmed at the next committee meeting at which a quorum is\npresent.\n","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Attendance by teleconferencing","content":"15 Attendance by teleconferencing\n(1) A committee member may attend and participate in the committee\nmeeting by teleconferencing.\n(2) The secretary of the committee must arrange teleconferencing\nfacilities if requested to do so by the committee member.\n(3) A committee member who attends a meeting by teleconferencing is\ntaken to be present at the meeting.\n","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Procedures for committee meeting","content":"16 Procedures for committee meeting\nExcept as otherwise provided in the Act and this Division, the\ncommittee may decide the procedures for the committee meeting.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 62\n","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Minutes of committee meeting","content":"17 Minutes of committee meeting\n(1) The secretary of the committee must keep minutes of each\ncommittee meeting.\n(2) The following matters must be recorded in the minutes:\n(a) the date, time and place of the meeting;\n(b) the names of the committee members present at the meeting;\n(c) the names of the committee members voting at the meeting;\n(d) all resolutions of the committee made at the meeting;\n(e) the voting on all resolutions of the committee at the meeting.\n","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Committee decisions are decisions of body corporate","content":"18 Committee decisions are decisions of body corporate\n(1) A decision of the committee on a matter is taken to be a decision of\nthe body corporate unless the matter is a restricted matter.\n(2) If the matter is a restricted matter, the committee's decision has no\neffect.\n","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Meetings of body corporate","content":"Part 3 Meetings of body corporate\nDivision 1 Matters to be decided by body corporate\n","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Body corporate may decide certain matters","content":"19 Body corporate may decide certain matters\nExcept as otherwise provided by the Act, the body corporate may\ndecide that a matter concerning the scheme may be decided only\nby the body corporate.\nDivision 2 General meetings\n","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Calling first annual general meeting","content":"20 Calling first annual general meeting\nWithin 3 months after the registration of a scheme statement, the\noriginal owner for the scheme must call the first annual general\nmeeting of the body corporate for the scheme.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 63\n","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Documents to be given by original owner","content":"21 Documents to be given by original owner\n(1) At the first annual general meeting of the body corporate, the\noriginal owner for the scheme must give the body corporate the\nfollowing:\n(a) the proposed budget for the first financial year for the body\ncorporate;\n(b) a list of all body corporate assets and liabilities;\n(c) the name and contact address of each unit owner;\n(d) if a body corporate manager has been engaged – the name\nand business address of the body corporate manager;\n(e) a copy of the scheme statement;\n(f) the accounting records kept by the original owner for the body\ncorporate;\n(g) documents evidencing each contract, lease and licence\nbinding or benefiting the body corporate;\n(h) each certificate of insurance in force for the scheme;\n(i) documents evidencing each warranty or guarantee given on\nany matter for which the body corporate is responsible;\n(j) the seal of the body corporate;\n(k) the certificate of title for the common property of the scheme;\n(l) a copy of this management module.\n(2) However, the original owner is not required to give the certificate of\ntitle for the common property if it is not in the possession or under\nthe control of the original owner.\nNote for clause 21\nUnder regulation 7(1), it is an offence for the original owner to fail to comply with\nthis clause.\n","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Annual general meetings","content":"22 Annual general meetings\nAfter the first annual general meeting, the body corporate must hold\na general meeting (the annual general meeting):\n(a) at least once every calendar year; and\n(b) within 15 months after the last annual general meeting.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 64\n","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Calling general meeting","content":"23 Calling general meeting\nA general meeting of a body corporate may be called by a person\nwho has the right to vote at the meeting.\n","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":"Notice of general meeting","content":"24 Notice of general meeting\n(1) The person calling the general meeting must give written notice of\nthe meeting to each person who has the right to vote at the meeting\nat least 14 working days before the date of the meeting.\n(2) The notice must:\n(a) specify the date, time and place of the meeting; and\n(b) include the agenda for the meeting.\n(3) The proceedings at the meeting are not invalidated only because\nnotice of the meeting is not given in accordance with this clause.\n(4) However, the meeting must be adjourned to a later date decided by\nthe persons present who have the right to vote at the meeting if:\n(a) notice of the meeting is given to a person who has the right to\nvote at the meeting after the last day for giving notice under\nsubclause (1); and\n(b) the person requests an adjournment:\n(i) before the meeting, in writing to the secretary of the\nbody corporate; or\n(ii) at the meeting.\n","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"Quorum at general meeting","content":"25 Quorum at general meeting\nA quorum for the general meeting exists if persons who together\nhave the right to vote in relation to at least 50% of the total interest\nentitlements of the scheme are present at the meeting.\n","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Interim resolutions if no quorum present","content":"26 Interim resolutions if no quorum present\n(1) If there is no quorum present at the general meeting, the meeting\nmay take place but all resolutions made at the meeting are interim\nresolutions.\n(2) An interim resolution becomes a resolution of the body corporate if\nit is confirmed at the next general meeting at which a quorum is\npresent.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 65\n","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Attendance by teleconferencing","content":"27 Attendance by teleconferencing\n(1) A person who has the right to vote at a general meeting may attend\nand participate in the general meeting by teleconferencing.\n(2) The secretary of the body corporate must arrange teleconferencing\nfacilities if requested to do so by the member.\n(3) A person who attends a meeting by teleconferencing is taken to be\npresent at the meeting.\n","sortOrder":41},{"sectionNumber":"28","sectionType":"section","heading":"Procedures for general meeting","content":"28 Procedures for general meeting\nExcept as otherwise provided in the Act and this Division, the body\ncorporate may decide the procedures for the general meeting.\n","sortOrder":42},{"sectionNumber":"29","sectionType":"section","heading":"Chairperson and secretary of body corporate","content":"29 Chairperson and secretary of body corporate\n(1) If the body corporate has not formed a committee, the body\ncorporate must, at a general meeting, elect:\n(a) the chairperson of the body corporate; and\n(b) the secretary of the body corporate.\n(2) The chairperson and secretary hold office for the term and on the\nconditions decided by the body corporate.\n","sortOrder":43},{"sectionNumber":"30","sectionType":"section","heading":"Chairperson of general meeting","content":"30 Chairperson of general meeting\n(1) The chairperson of the body corporate is the chairperson of the\ngeneral meeting.\n(2) If the chairperson is unable to act as chairperson of the meeting,\nthe persons present who have the right to vote at the meeting must\nelect to be chairperson for the meeting a person present at the\nmeeting who:\n(a) has the right to vote at the meeting; or\n(b) is the body corporate manager.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 66\nDivision 3 Voting at general meeting\n","sortOrder":44},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Voting generally","content":"Subdivision 1 Voting generally\n","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Voting by chairperson","content":"31 Voting by chairperson\nIf the chairperson of a general meeting would otherwise have the\nright to vote at the meeting:\n(a) the chairperson has the right to vote at the meeting; and\n(b) if the voting on a motion that must be passed by an ordinary\nresolution is equal, the chairperson may cast a deciding vote\nin addition to a vote cast under paragraph (a).\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Method of voting","content":"32 Method of voting\nVoting at a general meeting must be by show of hands.\n","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Result of voting","content":"33 Result of voting\n(1) Following a vote on a motion at a general meeting, the chairperson\nof the meeting must declare the result.\n(2) The declaration by the chairperson that a motion has been carried\nis evidence of the fact without proof of the number or proportion of\nvotes recorded against or in favour of the motion.\n","sortOrder":48},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Alternative method of voting","content":"Subdivision 2 Alternative method of voting\n","sortOrder":49},{"sectionNumber":"34","sectionType":"section","heading":"Appointment of proxy","content":"34 Appointment of proxy\n(1) A person who has the right to vote at a general meeting may\nappoint a proxy to vote on the person's behalf at the meeting.\n(2) If 2 or more persons have the right to exercise 1 vote jointly, the\npersons may jointly appoint a proxy to exercise the right.\n","sortOrder":50},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Right to vote","content":"Subdivision 3 Right to vote\n","sortOrder":51},{"sectionNumber":"35","sectionType":"section","heading":"Voting by mortgagees","content":"35 Voting by mortgagees\n(1) If a unit owner's interest in a unit is subject to a mortgage, the\nmortgagee may give the body corporate written notice that:\n(a) the unit is subject to the mortgage; and\n(b) the mortgagee proposes to exercise voting rights under this\nclause.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 67\n(2) If the mortgagee gives the notice:\n(a) the member does not have a right to vote in relation to the\nunit; and\n(b) the mortgagee has the right to vote in relation to the unit.\n(3) If the mortgage is discharged, the mortgagee's right to vote ends.\n(4) If 2 or more persons are mortgagees of a unit as joint tenants or\ntenants in common:\n(a) the right to give notice under subclause (1) may be exercised\nonly by the mortgagees jointly; and\n(b) the right to vote may be exercised only by the mortgagees\njointly.\n(5) If a unit is held by 2 or more members as tenants in common and\none of the members has mortgaged the member's interest in the\nunit:\n(a) the mortgagee may give notice to the body corporate under\nsubclause (1); and\n(b) this clause applies to the mortgagee in relation to the right to\nvote that the mortgagor may otherwise exercise.\n(6) In this clause:\nmortgagee, if there are 2 or more mortgages, means the\nmortgagee under the mortgage entitled to priority over the other\nmortgage or mortgages.\n","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Tribunalmay appoint person to vote","content":"36 Tribunalmay appoint person to vote\n(1) This clause applies if, for a motion that must be passed by a\nresolution without dissent or a unanimous resolution:\n(a) a person who has the right to vote on the motion in relation to\na unit:\n(i) is unavailable to vote on the motion; and\n(ii) has not appointed a proxy to vote on the person's behalf;\nor\n(b) the body corporate does not know who has the right to vote in\nrelation to a unit.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 68\n(2) The Tribunal may:\n(a) order that the person's right to vote may be dispensed with for\nthe motion or permanently; or\n(b) appoint another person to exercise the right to vote on the\nmotion.\n(3) The body corporate or a person who has the right to vote on the\nmotion may apply for an order under this clause.\n","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Voting by children","content":"37 Voting by children\nIf a member of the body corporate is under 18 years of age:\n(a) the member cannot exercise the member's right to vote; but\n(b) that right may be exercised by the member's parent or\nguardian.\n","sortOrder":54},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exclusive use by-laws","content":"Part 4 Exclusive use by-laws\n","sortOrder":55},{"sectionNumber":"38","sectionType":"section","heading":"Costs relating to common property","content":"38 Costs relating to common property\nIf special rights about common property or a body corporate asset\nare allocated to a unit under an exclusive use by-law, the unit\nowner is not liable to pay maintenance and operating costs relating\nto the common property or asset unless the by-law specifically\nprovides that the owner is liable.\n","sortOrder":56},{"sectionNumber":"Part 5","sectionType":"part","heading":"Financial and record management","content":"Part 5 Financial and record management\nDivision 1 Annual contributions and other levies\n","sortOrder":57},{"sectionNumber":"39","sectionType":"section","heading":"Amount of annual contributions","content":"39 Amount of annual contributions\nThe body corporate may, from time to time, decide:\n(a) the amount of annual contributions payable by the unit owners\nto the body corporate; and\n(b) how the contributions must be paid.\nNote for clause 39\nUnder section 39(3) of the Act, the contribution entitlement of a unit divided by\nthe total contribution entitlements of all the units is the ratio representing the unit\nowner's share of annual contributions.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 69\n","sortOrder":58},{"sectionNumber":"40","sectionType":"section","heading":"Purpose of annual contributions","content":"40 Purpose of annual contributions\nAnnual contributions paid by unit owners to the body corporate\nmust be used to fund the following:\n(a) the administration of the body corporate;\n(b) maintenance and repairs of the common property of the\nscheme;\n(c) the insurance policies the body corporate is required to\nmaintain under the Act;\n(d) other costs reasonably incurred by the body corporate in\nperforming its functions under the Act.\n","sortOrder":59},{"sectionNumber":"41","sectionType":"section","heading":"Levy for single item of expenditure","content":"41 Levy for single item of expenditure\n(1) The body corporate may, by a special resolution, decide to charge\nunit owners a levy to fund a single item of expenditure.\n(2) The following matters must also be decided by a special resolution:\n(a) the amount of the levy;\n(b) how the levy must be paid.\n(3) The ratio representing a unit owner's share of the levy is the same\nas the ratio (mentioned in section 39(3) of the Act) representing the\nunit owner's share of annual contributions.\n","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Levy for recurring expenditure","content":"42 Levy for recurring expenditure\n(1) The body corporate may, by a unanimous resolution, decide to\ncharge unit owners a levy to fund a recurring class of expenditure.\n(2) The following matters must also be decided by a unanimous\nresolution:\n(a) the amount of the levy, or the method for calculating the\namount;\n(b) how the levy must be paid;\n(c) each unit owner's share of the levy, or the method for\ncalculating each owner's share.\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Interest on late payment","content":"43 Interest on late payment\n(1) The body corporate may charge interest for the late payment of\ncontributions and special levies.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 70\n(2) The interest rate is:\n(a) an amount, decided by the body corporate, not more than the\nrate fixed from time to time for section 85 of the Supreme\nCourt Act 1979; or\n(b) if the body corporate does not decide an amount – the rate\nfixed from time to time for section 85 of the Supreme Court\nAct 1979.\n(3) The body corporate may decide to waive the interest in a particular\ncase.\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Recovery of amount owing","content":"44 Recovery of amount owing\nAn amount owing to the body corporate by a unit owner under this\nDivision is a debt due and payable to the body corporate.\nDivision 2 Body corporate assets\n","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Mortgage or charge over body corporate asset","content":"45 Mortgage or charge over body corporate asset\nThe body corporate may, by a resolution without dissent, mortgage\nor create a charge over a body corporate asset to raise funds to be\nused for the performance of the functions of the body corporate.\nDivision 3 Records and notices\n","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Records of body corporate","content":"46 Records of body corporate\n(1) The body corporate must ensure the following records are kept:\n(a) the full name and address of each member of the body\ncorporate;\n(b) minutes of general meetings;\n(c) copies of resolutions made at general meetings;\n(d) records of the results of voting on motions;\n(e) copies of notices given by the body corporate;\n(f) copies of appointments of proxies;\n(g) used voting papers;\n(h) correspondence sent or received by the body corporate;\n(i) insurance policies maintained by the body corporate;\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 71\n(j) contracts and agreements entered into by the body corporate;\n(k) leases and licences entered into by the body corporate.\n(2) The body corporate must ensure each record is kept for at least\n7 years after the date it is created.\n","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Access to records","content":"47 Access to records\nAn application to access a record kept by the body corporate or\nspecified information contained in the record must:\n(a) be in writing; and\n(b) contain adequate details for the body corporate to identify the\nrecord or information.\n","sortOrder":66},{"sectionNumber":"48","sectionType":"section","heading":"Notices required to be given","content":"48 Notices required to be given\nIf an event specified in the Table, column 1, happens in relation to\nthe scheme, the person specified opposite in column 2 must give\nwritten notice of the event to the body corporate within 28 working\ndays after the event.\nTable\nColumn 1\nEvent\nColumn 2\nPerson to give notice\nTransfer of unit ownership Unit owner immediately after transfer\nChange of unit owner's address or\ncontact details\nUnit owner\nRegistration of lease over unit for\nterm of over 6 months\nUnit owner\nMortgagee enters into possession of\nunit that is subject to registered\nmortgage\nMortgagee\n","sortOrder":67},{"sectionNumber":"Part 6","sectionType":"part","heading":"Administrative matters","content":"Part 6 Administrative matters\n","sortOrder":68},{"sectionNumber":"Div 1","sectionType":"division","heading":"Seal of body corporate","content":"Division 1 Seal of body corporate\n","sortOrder":69},{"sectionNumber":"49","sectionType":"section","heading":"The seal","content":"49 The seal\n(1) The seal of the body corporate must include the name of the body\ncorporate.\n(2) The body corporate may decide how the seal must be kept.\n\nSchedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 72\n","sortOrder":70},{"sectionNumber":"50","sectionType":"section","heading":"When the seal may be used","content":"50 When the seal may be used\nThe seal must not be used except for a purpose authorised by the\nbody corporate.\n","sortOrder":71},{"sectionNumber":"51","sectionType":"section","heading":"Witnessing the use of the seal","content":"51 Witnessing the use of the seal\n(1) The use of the seal on a document must be witnessed by at least\n2 members of the body corporate.\n(2) However, if there is only 1 member of the body corporate, the use\nof the seal must be witnessed by the member.\n(3) If a member is a company, a director of the company may witness\nthe use of the seal on behalf of the company.\n(4) Each person who witnesses the use of the seal must record next to\nthe seal that he or she has witnessed the use of the seal by:\n(a) signing his or her name; and\n(b) printing his or her name and address; and\n(c) stating that he or she is a member of the body corporate or a\ndirector of a company that is a member of the body corporate.\n","sortOrder":72},{"sectionNumber":"Div 2","sectionType":"division","heading":"Administration of scheme","content":"Division 2 Administration of scheme\n","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Body corporate may engage or employ persons","content":"52 Body corporate may engage or employ persons\nThe body corporate may engage or employ a person to assist it in\nexercising its powers and performing its functions.\n","sortOrder":74},{"sectionNumber":"53","sectionType":"section","heading":"Termination of engagement of body corporate manager","content":"53 Termination of engagement of body corporate manager\nIf the document engaging a body corporate manager does not\nspecify how the engagement may be terminated, the body\ncorporate may terminate the engagement by giving 3 months\nwritten notice to the body corporate manager.\n","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Functions of body corporate manager","content":"54 Functions of body corporate manager\nThe body corporate manager has the functions and powers of the\nbody corporate or committee delegated to the manager.\nNote for clause 54\nChapter 3, Part 3.4 of the Act provides for the engagement of a body corporate\nmanager.\n\n","sortOrder":76},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Management module 3 – small scheme","content":"Schedule 3 Management module 3 – small scheme\nUnit Title Schemes (Management Modules) Regulations 2009 73\n","sortOrder":77},{"sectionNumber":"Div 3","sectionType":"division","heading":"Delegation of functions and powers","content":"Division 3 Delegation of functions and powers\n","sortOrder":78},{"sectionNumber":"55","sectionType":"section","heading":"Delegation of body corporate functions and powers","content":"55 Delegation of body corporate functions and powers\n(1) A delegation of the functions and powers of the body corporate\nmust be:\n(a) authorised by an ordinary resolution of the body corporate;\nand\n(b) evidenced in a document affixed with the seal of the body\ncorporate.\n(2) A copy of the document evidencing the delegation must be given to\nthe delegate.\n(3) The delegation may be revoked in the same way it is made.\n","sortOrder":79},{"sectionNumber":"56","sectionType":"section","heading":"Delegation of committee functions and powers","content":"56 Delegation of committee functions and powers\nThe committee may, in writing, delegate any of its functions or\npowers under this management module to:\n(a) a committee member; or\n(b) a member of the body corporate; or\n(c) the body corporate manager.\n\nENDNOTES\nUnit Title Schemes (Management Modules) Regulations 2009 74\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":80},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nUnit Title Schemes (Management Modules) Regulations (SL No. 21, 2009)\nNotified 26 June 2009\nCommenced 1 July 2009 (r 2, s 2 Unit Title Schemes Act 2009 (Act No. 14,\n2009) and Gaz S30, 26 June 2009)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act)\nGaz S3, 27 January 2012))\nUnit Title Schemes (Management Modules) Amendment Regulations 2014 (SL No. 47,\n2014)\nNotified 2 January 2015\nCommenced 2 January 2015\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc; rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act\nNo. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n","sortOrder":81},{"sectionNumber":"13","sectionType":"section","heading":"April 2016, p 4)","content":"13 April 2016, p 4)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nUnit Title Schemes (Management Modules) Amendment Regulations 2023 (SL No. 11,\n2023)\nDate made 11 May 2023\nCommenced 12 May 2023 (r 2)\n\nENDNOTES\nUnit Title Schemes (Management Modules) Regulations 2009 75\n","sortOrder":82},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, of 2018) to: r 1 and sch 1, 2 and 3.\n","sortOrder":83},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\nr 5 sub No. 11, 2023, r 4\nr 5A ins No. 11, 2023, r 4\nr 6 sub No. 11, 2023, r 4\nsch 1 amd Act No. 44, 2011, s 27; No. 47, 2014, r 3; Act No. 3, 2016, s 46; Act\nNo. 15, 2016, s 111\nsch 2 amd Act No. 44, 2011, s 27; Act No. 3, 2016, s 46; Act No. 15, 2016, s 112\nsch 3 amd Act No. 3, 2016, s 46; Act No. 15, 2016, s 113","sortOrder":84}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":607},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of providing management frameworks for unit title schemes. The 2023 amendments (regulation 5A and changes to regulations 5 and 6) added dispute circumstances and clarified module change procedures, but these are incremental refinements rather than scope expansion."},"complexity_factors":["Three parallel management modules with subtle but important differences in procedures","Extensive cross-referencing between regulations, schedules, and the parent Unit Title Schemes Act 2009","Multiple resolution types (ordinary, special, without dissent, unanimous) with different voting thresholds","Detailed procedural requirements for meetings including notice periods, quorums, and teleconferencing","Interim resolution mechanisms with conditional timeframes and confirmation processes","Defined terms scattered across multiple locations (regulation 3, plus each schedule's Part 1)","Mortgagee voting provisions with priority rules and joint tenant/tenant in common complications","Record keeping obligations with specific retention periods and access fee structures"],"plain_english_summary":"These regulations set out the **rules for how unit title schemes are managed in the Northern Territory** — think apartment buildings, townhouses, or any property divided into separately owned units with shared common areas.\n\n**What this does:**\nThe regulations provide three different \"management modules\" (rule sets) that apply depending on the size and type of scheme:\n- **Module 1** — for larger standard schemes (4+ unit owners) that choose it in their scheme statement\n- **Module 2** — the default for standard schemes (4+ unit owners) that don't choose Module 1\n- **Module 3** — for small schemes (under 4 unit owners)\n\n**Key things covered:**\n- **How committees are formed and run** — who can be on the committee, how they're elected, how they meet, and how they can be removed\n- **How meetings work** — annual general meetings, general meetings, notice periods, quorums (minimum attendance needed), and voting procedures\n- **Money matters** — annual contributions (fees unit owners pay), special levies for one-off or recurring expenses, interest on late payments, and how debts are recovered\n- **Record keeping** — what financial and other records must be kept, for how long (7 years), and who can access them\n- **Decision-making** — different types of resolutions (ordinary, special, without dissent, unanimous) and when each is required\n- **Voting rights** — including proxy voting, mortgagee voting, and how children who own units can vote through parents/guardians\n\n**Why it matters:**\nThese rules affect anyone who owns a unit in the NT — apartment owners, townhouse owners, and their committees. They determine how disputes get resolved, how money is collected and spent, and how decisions get made about shared property."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations implement the Act’s delegated power to prescribe management modules and set out detailed governance, financial and administrative procedures for bodies corporate. Subsequent amendments (noted in the endnotes) have adjusted or clarified procedural points (for example, adding a prescribed circumstance of dispute and transitional timing for module changes), but the instrument has not substantially grown beyond its primary purpose of providing default governance rules for unit title schemes. Changes are largely refinements to procedure, timing and clarifications rather than an expansion of subject-matter scope."},"complexity_factors":["Three alternative management modules (Schedules 1–3) with largely duplicated but variant provisions (increases reading and comparison costs).","Repeated defined terms and local re-definitions across each schedule (multiple interpretation sections: sch 1 cl 1; sch 2 cl 1; sch 3 cl 1).","Multiple voting thresholds and procedures: ordinary resolution, special resolution, unanimous resolution, resolution without dissent, polls, proxies, absentee voting and show-of-hands rules (many cross-references within schedules).","Interim-resolution procedures with timelines and multi-step confirmation processes for committees and bodies corporate (cl 3, cl 15, cl 34) creating conditional logic and deadlines.","Cross-references to the Unit Title Schemes Act 2009 (e.g. s 74(3), s 84, s 88, s 94) and to external Acts (Corporations Act, Supreme Court Act) for auditor qualifications and interest rates. ","Varied quorum rules based on percentage of total interest entitlements (requires understanding contribution-entitlement calculations under the Act).","Delegation, seal-use, record-keeping and audit rules with documentary evidentiary requirements and retention periods (cl 55–57, cl 66).","Offences with differing fault elements (intentional failure by original owner; recklessness for committee members) and differing penalties (reg 7).","Transitional timing rule for module change (reg 6) adds an administrative delay and state-dependent condition.","Access-to-records process includes form, fee, waiver process and possible administrative discretion (cl 58) — mixes administrative and procedural complexity."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Establishes three alternative \"management modules\" (sets of default rules) that apply to unit title schemes created under the Unit Title Schemes Act 2009: two modules for standard schemes (Schedules 1 and 2) and one for small schemes (Schedule 3). (regs 3–5, schs 1–3)\n- Explains which module applies by default and how a scheme can specify or change the module that applies. (reg 5; reg 6 governs timing when the applicable module changes)\n- Prescribes detailed procedures for bodies corporate and their committees: committee composition and terms, meeting notice and quorum rules, voting methods and thresholds (ordinary, special, unanimous, resolution without dissent), interim resolution procedures when a quorum is absent, proxy and absentee voting, minutes and record-keeping, financial management (budgets, levies, interest on late payments), access to records (including a $30 fee option), delegation, seal use, and obligations at the first annual general meeting (including documents the original owner must hand over). (schs 1–3, many clauses)\n- Creates a small number of criminal offences: failure by the original owner to provide required documents at the first annual general meeting (maximum 100 penalty units) and reckless failure by committee members of a standard scheme to keep required records or prepare an annual financial statement (maximum 20 penalty units). (reg 7)\n- Adds an express prescribed “circumstance of dispute” for certain claim types under the Act (reg 5A).\n\n**Who this affects**\n\n- Unit owners in Northern Territory unit title schemes: standard schemes (4 or more unit owners, or \"higher\" schemes) and small schemes (fewer than 4 unit owners). (reg 3 definitions; reg 5)\n- Original owners (developers) who must call and supply documents for the first annual general meeting. (clause 26–27 in each applicable schedule; reg 7 offence tied to clause 27)\n- Committee members and the body corporate — they gain defined powers and duties, including reporting, record-keeping and meeting procedures (varies slightly across the three modules). (schedules 1–3)\n- Mortgagees who may, in certain circumstances, exercise voting rights for a mortgaged unit if they give notice. (e.g. cl 44 in each schedule)\n- People and firms that perform audit, management or delegated services — the rules regulate who may audit records and set requirements for delegations and engagement/termination of body corporate managers. (e.g. cl 56, 63–66)\n\n**Why it matters (practical effect)**\n\n- Provides a ready-made governance framework so schemes do not have to draft every procedural rule from scratch: this reduces transaction costs for new schemes and sets predictable expectations for meetings, voting, finances and records. (reg 5; schs 1–3)\n- Allocates decision‑making power and financial responsibility: bodies corporate decide budgets and levies; unit owners pay annual contributions and special levies; the committee carries out functions within specified limits (and cannot exceed set spending caps without body corporate approval). (e.g. schs 1–3, cl 48–51, cl 24)\n- Imposes compliance and disclosure burdens: the original owner must supply a package of documents at the first annual general meeting; committees must keep accounting records and other records for at least 7 years; access to records has a formal application process and optional fee. (schs 1–3, cl 27, 55–58)\n\n**Official purpose-claims (as expressed in the text) and practical tests against costs, incentives and trade-offs**\n\n- Claimed purpose: to set default management rules suitable to scheme size/type so bodies corporate can govern themselves effectively (reg 5 and schedules). This mechanistic purpose is achieved by supplying full meeting, voting, record and finance rules.\n\n- Costs and compliance burdens: the rules require regular meetings, defined notice periods (often 14 working days or 21 working days for certain major resolutions), record retention for 7 years, and specified documents at the first annual general meeting (clauses 26–30; 32; 55–58). These impose time, administrative and possibly professional-cost burdens (e.g. for audits if chosen under clause 56). Original owners bear the initial compliance cost and risk of a penalty for non‑compliance (reg 7).\n\n- Incentives and behavior changes: committees are enabled to act between general meetings but subject to oversight (notice of opposition and body corporate review) and spending caps, which encourages delegation but preserves owner control on higher-value items (clauses 21–24). The formal delegation and seal rules create administrative friction (delegations require ordinary resolution and written documentary evidence—cl 66). Mortgagees are given a clear procedural path to exercise voting rights, which aligns creditor incentives with governance outcomes (cl 44).\n\n- Opportunity costs and markets affected: the instrument makes it straightforward to appoint professional body corporate managers and auditors, creating demand for those services (cl 63–65, cl 56). Conversely, the formal requirements (minutes, audits, sealed delegations) may increase demand for legal/administrative support and raise operating costs for small schemes.\n\n- Implementation risks and discretionary power: the schemes supervisor retains some administrative discretion (e.g. approving changes to which management module applies—note to reg 5). The transitional timing rule (reg 6) defers a module change’s immediate effect until 1 July following the triggering event, which reduces abrupt shifts but can create a lag during which governance may not match current scheme size or status.\n\n- Concentration of benefits and costs: professional managers and auditors may gain steady business from bodies corporate. Costs (levies, interest on late payments, and compliance) are borne by unit owners in proportion to contribution entitlements (cl 48; section 39(3) of the Act noted). The original owner faces a concentrated potential penalty risk (reg 7).\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: unit owners pay annual contributions and any special levies (schs 1–3, cl 48–51). Unit owners may also bear interest on late payments and costs if they require copies of records (a $30 fee may apply unless waived) (cl 52; cl 58).\n- Who decides: bodies corporate decide budgets, levies and delegations; committees perform delegated day-to-day functions (subject to limits); original owners must convene the first annual general meeting and supply specified documents; the schemes supervisor can approve module changes (reg 5; cl 26–28; cl 63–66; note to reg 5).\n- Behaviour changes: more formalised meeting notice and quorum procedures; committees will keep and present annual financial statements and records; committees may delegate but must document delegations; owners and mortgagees have clearer voting procedures. Interim resolution and notice-of-opposition processes create formal pathways to challenge committee decisions when quorums are absent or contested (cl 3, 15, 21, 34).\n\n**Key mechanics to watch in practice**\n\n- The three-module design: standard schemes use module 1 if specified in the scheme statement, otherwise module 2; small schemes use module 3 (reg 4–5). The three schedules are similar but contain procedural differences that can materially affect meeting, quorum and voting practices for a particular scheme.\n- First annual general meeting obligations (document handover and decisions) create a fixed handover point from original owner to owners’ governance (cl 26–28).\n- Interim resolution and quorum rules specify timelines and thresholds for confirming decisions made without a quorum (cl 3, 15, 34).\n- Penalties for non-compliance are limited in number but non-trivial (reg 7).\n\n(See regulations and the applicable schedule clauses for procedural detail cited above.)"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available information, the legislation appears to remain focused on its original purpose of providing management rules (modules) for unit title schemes in the Northern Territory. The 2023 remaking appears to be a consolidation or update rather than a fundamental expansion or contraction of scope. The dual-agency responsibility may reflect a refinement of administrative arrangements rather than a change in substantive scope."},"complexity_factors":["Regulations operate as 'modules' that interact with the parent Unit Title Schemes Act, requiring cross-referencing between multiple legislative instruments","Dual agency administration (two separate government departments responsible for different parts) creates potential for inconsistency and adds navigational complexity","Covers multiple distinct legal domains simultaneously: property law, corporate governance, contract law, and dispute resolution","Applies to a wide variety of stakeholders with different interests (owners, managers, developers, tenants) each facing different obligations","The 'module' structure suggests there may be different sets of rules applying to different types of schemes, requiring identification of which module applies to your situation","Financial management provisions typically involve detailed accounting and fund management rules","Procedural requirements for meetings and voting tend to be highly technical and precise","The 2023 reprint/remake suggests there have been amendments that may affect how the legislation is interpreted historically"],"plain_english_summary":"These regulations set the practical rules for managing unit title schemes (strata-style apartments, townhouses and shared-property developments) in the Northern Territory. They govern how bodies corporate operate — meetings, voting, finances, maintenance and dispute resolution — and affect unit owners, bodies corporate, managers, developers and tenants. They determine rights, responsibilities and remedies (including legal consequences for breaches). Two government agencies share administration."}},"importantCases":[],"_links":{"self":"/api/acts/unit-title-schemes-management-modules-regulations-2009","history":"/api/acts/unit-title-schemes-management-modules-regulations-2009/history","analysis":"/api/acts/unit-title-schemes-management-modules-regulations-2009/analysis","conflicts":"/api/acts/unit-title-schemes-management-modules-regulations-2009/conflicts","importantCases":"/api/acts/unit-title-schemes-management-modules-regulations-2009/important-cases","documents":"/api/acts/unit-title-schemes-management-modules-regulations-2009/documents"}}